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HomeMy WebLinkAbout12-4665 KLINE & SPECTER, P.C. By: Thomas R. Kline, Esquire Andrew S. Youman, Esquire Geary L. Yeisley, Esquire Attorney ID Nos. 28895/65924/205719 1525 Locust Street, 19th Floor Philadelphia, PA 19102 (215) 772-1000 BRENDA D. HARTZELL, Administratrix of the Estate of PAUL C. HARTZELL, JR., DECEASED 12 Princeton Street Duncannon, Pennsylvania 17020 Plaintiff V. HOLY SPIRIT HOSPITAL 503 N. 21St Street Camp Hill, Pennsylvania 17011 and (cont' d next page) You have been sued in court. If you wish to defend against the claims set forth in the following pages, you musttake action within twenty (20) days after this complaint and notice are served, by entering a writtat 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 ajudgment 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. NOTICE TO DEFEND NOTICE ADVISO C-) C.: C3 w -? ?. { fT1? G Mr "" r N C7 1 Attorneys for Plaintiff 7- .J COURT OF COMMON PLEAS CUMBERLAND COUNTY & DOCKET NO. 9' ' JURY TRIAL DEMANDED Le ban demandado a used en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la torte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona Sea avisado que si usted no se defiende, la cone tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notification. Ademas, la torte pueda decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTF AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR OR TELEPHONE THE OFFICE SET FORTH BELOW TO TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA FIND OUT WHERE YOU CAN GET LEGAL HELP. ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Pennsylvania Lawyer Referral Service (800) 692-7375 Pennsylvania Lawyer Referral Service (800) 692-7375 T11-1 %]d3. C it it aq ?y 10 t HOLY SPIRIT HEALTH SYSTEM 503 N. 21s' Street Camp Hill, Pennsylvania 17011 and SUSHMA KAUSHIK, M.D. c/o Risk Manager Holy Spirit Hospital 503 N. 2lst Street Camp Hill, Pennsylvania 17011 and JEFFREY S. FUGATE, D.O. 2808 Old Post Road Harrisburg, Pennsylvania 17110 and KERRI MATEER, P.A.-C. 2808 Old Post Road Harrisburg, Pennsylvania 17110 and IRA SACKMAN, M.D. 2808 Old Post Road Harrisburg, Pennsylvania 17110 and ASSOCIATED CARDIOLOGISTS, P.C. 2808 Old Post Road Harrisburg, Pennsylvania 17110 Defendants. 2 6 COMPLAINT - CIVIL ACTION 1. Plaintiff, Brenda D. Hartzell, is the wife of decedent, Paul C. Hartzell, Jr. deceased, and is a citizen and resident of the Commonwealth of Pennsylvania, residing therein at 12 Princeton Street, Duncannon, Pennsylvania 17020. 2. Plaintiff's decedent, Paul C. Hartzell, Jr., was born on May 1, 1949 and died intestate on March 8, 2011, at the age of 61 years. 3. Plaintiff, Brenda D. Hartzell, is the duly appointed Administratrix of the Estate of Paul C. Hartzell, deceased. Letters Testamentary were granted on July 19, 2011 by the Register of Wills, Perry County, Pennsylvania. (A true and correct copy of the Letters Testamentary are attached hereto as Exhibit "A.") 4. The Plaintiff's beneficiaries of the plaintiff's decedent, Paul C. Hartzell, under the Survival Act, 42 Pa. C.S.A. §8302, and under the Wrongful Death Act, 42 Pa. C.S.A. §8301, is as follows: a. Brenda D. Hartzell (wife of decedent) 12 Princeton Street Duncannon, Pennsylvania 17020. b. Amy Marie Gamble (adult daughter of decedent) 1655 B. State Road Duncannon, Pennsylvania 17020. C. Melissa Henry (adult daughter of decedent) 5330 Davidsburg Road Dover, PA 17315 5. Venue in this action is proper in Cumberland County because the medical care, which is the subject of the claims herein, was rendered in Cumberland County. 3 V 6 6. Defendant, Holy Spirit Hospital [hereinafter "Holy Spirit"], is a corporation or other legal entity, organized and existing under the laws of the Commonwealth of Pennsylvania, which owns, maintains, and operates, among other things, a hospital located at 503 N. 21St Street, Camp Hill, Pennsylvania 17011. The claim asserted against this defendant is for the professional negligence of its agents, employees, and servants, as stated more fully herein. A Certificate of Merit pertaining to this defendant is attached hereto as Exhibit "B." 7. Defendant, Holy Spirit Health System [hereinafter "HSHS"], is a corporation or other legal entity, organized and existing under the laws of the Commonwealth of Pennsylvania, which owns, maintains, and operates, among other things, a hospital located at 503 N. 21St Street, Camp Hill, Pennsylvania 17011. The claim asserted against this defendant is for the professional negligence of its agents, employees, and servants, as stated more fully herein. A Certificate of Merit pertaining to this defendant is attached hereto as Exhibit "B." 8. Defendant, Sushma Kaushik, M.D. [hereinafter "Dr. Kaushik"], was at all times relevant hereto, upon information and belief, an individual citizen and resident of the Commonwealth of Pennsylvania, and a duly licensed and practicing physician, specializing in Internal Medicine and/or Hospital Medicine, with professional offices located at 503 N. 21St Street, Camp Hill, Pennsylvania. Plaintiff is asserting a professional malpractice claim against this defendant. A Certificate of Merit pertaining to this defendant is attached hereto as Exhibit "B 9. At all relevant times hereto, Dr. Kaushik was the actual, apparent, and/or ostensible agent, and/or employee, of defendants Holy Spirit and/or HSHS, acting within the course and scope of his agency and/or employment with defendants Holy Spirit and/or HSHS. 4 I 10. Defendant, Jeffrey S. Fugate, D.O. [hereinafter "Dr. Fugate"], was at all times relevant hereto, upon information and belief, an individual citizen and resident of the Commonwealth of Pennsylvania, and a duly licensed and practicing physician, specializing in Internal Medicine and/or Cardiology, with a professional office located at 2808 Old Post Road, Harrisburg, Pennsylvania. Plaintiff is asserting a professional malpractice claim against this defendant. A Certificate of Merit pertaining to this defendant is attached hereto as Exhibit "B." 11. Defendant, Kerri Mateer, P.A.-C., [hereinafter "Ms. Mateer"], was at all times relevant hereto, an individual citizen and resident of the Commonwealth of Pennsylvania, and, upon information and belief, a duly licensed and practicing physician assistant, specializing in Cardiology, with a professional office located at 2808 Old Post Road, Harrisburg, Pennsylvania. Plaintiff is asserting a professional malpractice claim against this defendant. A Certificate of Merit pertaining to this defendant is attached hereto as Exhibit "B." 12. Defendant, Ira Sackman, M. D. [hereinafter "Dr. Sackman"], was at all times relevant hereto, an individual citizen and resident of the Commonwealth of Pennsylvania, and, upon information and belief, a duly licensed and practicing physician, specializing in Internal Medicine and/or Cardiology, with a professional office located at 2808 Old Post Road, Harrisburg, Pennsylvania. Plaintiff is asserting a professional malpractice claim against this defendant. A Certificate of Merit pertaining to this defendant is attached hereto as Exhibit "B." 13. Defendant, Associated Cardiologists, P.C., [hereinafter, "Cardiologists"] is a corporation or other legal entity, organized and existing under the laws of the Commonwealth of Pennsylvania, which owns, maintains, and operates, among other things, a medical practice located at 2808 Old Post Road, Harrisburg, Pennsylvania 17011. The claim asserted against this defendant is for the professional negligence of its agents, employees, and servants, as stated 5 r t more fully herein. A Certificate of Merit pertaining to this defendant is attached hereto as Exhibit "B." 14. At all relevant times hereto, defendants, Dr. Fugate, Dr. Sackman, Ms. Mateer, Herman Patel, M.D., and the associate of Dr. Fugate who cosigned Ms. Mateer's consult with the illegible co-signature, were the actual, apparent, and/or ostensible agents, and/or employees, of defendants Cardiologists, Holy Spirit, and/or HSHS, acting within the course and scope of their agency and/or employment with defendants, Cardiologists, Holy Spirit, and/or HSHS. 15. At all relevant times hereto, all defendants were acting individually and/or by and through their duly authorized actual agents, apparent agents, ostensible agents, servants, and/or employees, including defendants, Dr. Kaushik, Dr. Fugate, Dr. Sackman, Ms. Mateer, Hermant Patel, M.D., and the associate of Dr. Fugate who cosigned Ms. Mateer's consult with the illegible co-signature, and all of the aforementioned agents were acting within the course and scope of their agency, master-servant, and/or employer-employee relationship with defendants Cardiologists, Holy Spirit, and/or HSHS. 16. All doctors, nurses, residents, nurse practitioners, physician assistants, technicians, and other professional and non-professional personnel of defendants Cardiologists, Holy Spirit, and/or HSHS, who participated in the negligent care of plaintiff's decedent, Paul C. Hartzell, Jr., during the time period March 4 through March 8, 2011, including Dr. Kaushik, Dr. Fugate, Dr. Sackman, Ms. Mateer, Hermant Patel, M.D., and the associate of Dr. Fugate who cosigned Ms. Matter's consult with the illegible co-signature„ were acting as the duly authorized actual, apparent, and/or ostensible agents, servants, and/or employees of defendants Cardiologists, Holy Spirit, and/or HSHS, and were acting within the course and scope of their actual, ostensible, and/or apparent agency and/or employment with defendants Cardiologists, 6 e Holy Spirit, and/or HSHS while participating in the negligent care of plaintiff's decedent, Paul C. Hartzell, Jr., during the time period March 4 through March 8, 2011. The identities of all other healthcare providers, who participated in the negligent care of plaintiff's decedent, Paul C. Hartzell, Jr., deceased, during the time period March 4 through March 8, 2011, other than Defendants, but including the associate of Dr. Fugate who cosigned Ms. Mateer's consult with the illegible co-signature, is information in the exclusive custody and control of defendants and will be the subject of discovery. 17. All defendants herein are vicariously liable to plaintiff for injuries sustained by plaintiff's decedent, Paul C. Hartzell, Jr., as a result of the negligence of persons or entities whose conduct was under their control or right to control, and whose negligent conduct directly and proximately caused the death of plaintiff's decedent, Paul C. Hartzell, Jr. 18. At all relevant times hereto, defendants, Dr. Kaushik, Dr. Fugate, Dr. Sackman, Ms. Mateer, Hermant Patel, M.D., and the associate of Dr. Fugate who cosigned Ms. Mateer's consult with the illegible co-signature, and any other health care providers who participated in the negligent care of plaintiff's decedent, Paul C. Hartzell, Jr., during the time period March 4 through March 8, 2011, were engaged in the practice of medicine, pursuing their specialties, and were obliged, and had a duty, to bring to bear, in the practice of their professions, the skill, knowledge, and care which they possessed, and to pursue their professions in accordance with reasonably safe and accepted standards of care in medicine in general, and in their specialties in particular. 19. At all relevant times hereto, plaintiff's decedent, Paul C. Hartzell, Jr., was under the medical care, treatment, and attendance of defendants, directly or through their agents, servants, and/or employees (including ostensible agents) identified above, including defendants, 7 t t Dr. Kaushik, Dr. Fugate, Dr. Sackman, Ms. Mateer, Hermant Patel, M.D., and the associate of Dr. Fugate who cosigned Ms. Mateer's consult with the illegible co-signature, and any other health care providers who participated in the negligent medical care of plaintiff's decedent, Paul C. Hartzell, Jr., at Holy Spirit during the time period March 4 through March 8, 2011, and these aforementioned agents were under the direct control, or right of control, of defendants. 20. The injuries and death of plaintiff's decedent, Paul C. Hartzell, Jr., were a direct result of the negligence of defendants, their agents, servants, and employees, and were due in no manner whatsoever to the failure to act on the part of the decedent or any person other than the defendants, or their agents, servants, and employees (including ostensible agents), including defendants, Dr. Kaushik, Dr. Fugate, Dr. Sackman, Ms. Mateer, Hermant Patel, M.D., and the associate of Dr. Fugate who cosigned Ms. Mateer's consult with the illegible co-signature, and any other healthcare provider who participated in the negligent medical care of plaintiff's decedent, Paul C. Hartzell, Jr., at Holy Spirit during the time period March 4 through March 8, 2011. 21. All defendants, including their agents, servants, and employees, including defendants, Dr. Kaushik, Dr. Fugate, Dr. Sackman, Ms. Mateer, Hermant Patel, M.D., and the associate of Dr. Fugate who cosigned Ms. Mateer's consult with the illegible co-signature, and any other healthcare provider who participated in the negligent medical care of plaintiff's decedent, Paul C. Hartzell, Jr., at Holy Spirit during the time period March 4 through March 8, 2011, acted in such a negligent manner as to cause serious bodily injury to plaintiffs decedent, Paul C. Hartzell, Jr., which directly and proximately resulted in his death. 8 V OPERATIVE FACTS 22. On March 4, 2011, at or about 1532 hours, plaintiff's decedent, Paul C. Hartzell, Jr., presented to Holy Spirit Hospital Emergency Department with left sided chest pain that started approximately 3 hours earlier. 23. On March 4, 2011, at or about 1620 hours, plaintiff's decedent, Paul C. Hartzell, Jr., was evaluated by a Holy Spirit Hospital Emergency Department triage nurse who noted his left sided chest pain. 24. On March 4, 2011, at or about 1620 hours, plaintiff's decedent, Paul C. Hartzell, Jr., was evaluated by a Holy Spirit Hospital Emergency Department triage nurse who noted his elevated blood pressure of 139/93 mm Hg. 25. On March 4, 2011, at or about 1620 hours, plaintiff's decedent, Paul C. Hartzell, Jr., was evaluated by a Holy Spirit Hospital Emergency Department triage nurse who noted his history of hypertension. 26. On March 4, 2011, at or about 1708 hours, according to the medical record, plaintiff's decedent, Paul C. Hartzell, Jr., had an elevated blood pressure of 154/116 mm Hg. 27. On March 4, 2011, at or about 1930 hours, according to the medical record, plaintiff s decedent, Paul C. Hartzell, Jr., had an elevated blood pressure of 161/103 mm Hg. 28. On March 4, 2011, at or about 2030 hours, according to the medical record, plaintiffs decedent, Paul C.. Hartzell, Jr., had an elevated blood pressure of 152/105 mm Hg. 29. On March 4, 2011, at or about 2148 hours, according to the "History & Physical" signed by Holy Spirit Hospital hospitalist, Hemant C. Patel, M.D., plaintiffs decedent, Paul C. Hartzell, Jr., was admitted to HSH with a history of sudden onset of chest pain radiating to his back. 9 T 30. On March 4, 2011, at or about 2148 hours, according to the "History & Physical" signed by Holy Spirit Hospital hospitalist, Hemant C. Patel, M.D., plaintiff's decedent, Paul C. Hartzell, Jr., was admitted to HSH with a diagnosis of "chest pain, rule out acute coronary syndrome." 31. On March 4, 2011, at or about 2148 hours, according to the "History & Physical" signed by Holy Spirit Hospital hospitalist, Hemant C. Patel, M.D., plaintiff's decedent, Paul C. Hartzell, Jr., was admitted to HSH with a diagnosis of "chest pain, rule out acute coronary syndrome" and a plan to "consult Associated Cardiologists for any further recommendations." 32. On March 4, 2011, at or about 2148 hours, according to the "History & Physical" signed by Holy Spirit Hospital hospitalist, Hemant C. Patel, M.D., plaintiff's decedent, Paul C. Hartzell, Jr., was admitted with a diagnosis of "hypertension" and a plan to "continue on home medications." 33. On March 4, 2011, at or about 2148 hours, Hemant C. Patel, M.D. failed to consider aortic dissection as a potential cause of the chest pain of plaintiffs decedent, Paul C. Hartzell, Jr. 34. On March 4, 2011, at or about 2148 hours, Hemant C. Patel, M.D. failed to order a CT scan of the chest, MRA of the chest, and/or transesophageal echocardiogram, to rule out aortic dissection as a potential cause of the chest pain of plaintiff's decedent, Paul C. Hartzell, Jr. 35. On March 4, 2011, at or about 2158 hours, the Holy Spirit Hospital Emergency Department notified defendant, Dr. Fugate, of a consult to see plaintiff's decedent, Paul C. Hartzell, Jr., regarding his chest pain. 10 I t 36. On March 4, 2011, at or about 2158 hours, defendant, Dr. Fugate, sent his physician assistant, defendant Ms. Mateer, to the HSH emergency department to evaluate plaintiff's decedent, Paul C. Hartzell, Jr., regarding his chest pain. 37. On March 5, 2011, on or about 0001 hours, Mr. Hartzell's blood pressure was severely elevated at 160/121. 38. On March 5, 2011, at or about 0200 hours, Ms. Mateer's cardiology consult, performed for Associated Cardiologists and Dr. Fugate, noted that plaintiff's decedent, Paul C. Hartzell, Jr., had presented to the emergency department with chest pain that was relieved with sublingual nitroglycerin and intravenous morphine. 39. On March 5, 2011, at or about 0200 hours, Ms. Mateer's cardiology consult performed for Associated Cardiologists and Dr. Fugate, noted that plaintiff's decedent, Paul C. Hartzell, Jr., never experienced chest pain prior to March 4, 2011. 40. On March 5, 2011, at or about 0200 hours, Ms. Mateer's consult for Associated Cardiologists noted that plaintiff's decedent, Paul C. Hartzell, Jr., had a history of hypertension and diabetes. 41. On March 5, 2011, at or about 0200 hours, Ms. Mateer, as an agent of Associated Cardiologists, Dr. Fugate, and HSH made the assessment that plaintiff's decedent, Paul C. Hartzell, Jr.'s chest pain was "atypical" and "possibly secondary to Lipitor." 42. On March 5, 2011, at or about 0200 hours, Ms. Mateer's cardiology consult performed for Associated Cardiologists and Dr. Fugate, noted that the blood pressure of plaintiff's decedent, Paul C. Hartzell, Jr., had been increasing and she recommended increasing his blood pressure medication, Cozaar. 11 s k 43. On March 5, 2011, at or about 0200 hours, Ms. Mateer, as an agent of Associated Cardiologists, Dr. Fugate, and HSH ordered that the blood pressure medication, Cozaar, of plaintiff's decedent, Paul C. Hartzell, Jr., be increased, and also gave a phone order to change the diastolic parameter for giving the previously ordered blood pressure medication, hydralazine. 44. On March 5, 2011, at or about 0200 hours, Ms. Mateer, completing a cardiology consultation and evaluation of plaintiff's decedent, Paul C. Hartzell, Jr., as an agent of Associated Cardiologists, attending Dr. Fugate, and HSH indicated that Associated Cardiologists "will follow." 45. On March 5, 2011, at or about 0200 hours, Ms. Mateer and Dr. Fugate failed to consider aortic dissection as a potential cause of the chest pain of plaintiff's decedent, Paul C. Hartzell, Jr. 46. On March 5, 2011, at or about 0800 hours, according to the medical record, plaintiff's decedent, Paul C. Hartzell, Jr., had an elevated blood pressure of 158/103 mm Hg. 47. On March 5, 2011, at or about 0800 hours, according to the medical record, plaintiff's decedent, Paul C. Hartzell, Jr., was placed on oxygen 2L/min nasal cannula. 48. On March 5, 2011, at or about 1230 hours, Holy Spirit Hospital hospitalist and defendant, Dr. Kaushik, upon information and belief an associate of the admitting attending, Hemant Patel, M.D., noted that plaintiff's decedent, Paul C. Hartzell, Jr., had "atypical chest pain." 49. On March 5, 2011, at or about 1230 hours, Holy Spirit Hospital hospitalist and defendant, Dr. Kaushik, noted that plaintiff's decedent, Paul C. Hartzell, Jr., had uncontrolled hypertension. 12 50. On March 5., 2011, at or about 1600 hours, according to the medical record, plaintiff s decedent, Paul C. Hartzell, Jr., had an elevated blood pressure of 184/116 mm Hg. 51. On March 5, 2011, at or about 1735 hours, an associate of Dr. Fugate with the illegible signature, upon information and belief, Dr. Sackman, cosigned Ms. Mateer's consultation note of plaintiff s decedent, Paul C. Hartzell, Jr. 52. On March 5, 2011, at or about 1735 hours, upon information and belief made by Dr. Sackman, Ms. Mateer's Associated Cardiologists' consult indicated that he doubted that the chest pain of plaintiff s decedent, Paul C. Hartzell, Jr., was cardiac in origin. 53. On March 5, 2011, at or about 1735 hours, Dr. Sackman failed to order a CT scan of the chest, MRA of the chest, and/or transesophageal echocardiogram, to rule out aortic dissection as a potential cause of the chest pain of plaintiff s decedent, Paul C. Hartzell, Jr. 54. On March 5, 2011, at or about 1735 hours, Dr. Sackman failed to consider aortic dissection as a cause of the chest pain of plaintiff's decedent, Paul C. Hartzell, Jr. 55. On March 5, 2011, at or about 1735 hours, Dr. Sackman discontinued the Norvasc previously ordered for plaintiff s decedent, Paul C. Hartzell, Jr., and ordered Bystolic 10 mg po bid. 56. From March 5, 2011, at or about 1735 hours, until the time of his death, no one from Associated Cardiologists, including Dr. Fugate, Ms. Mateer, Dr. Sackman, and/or the associate cardiologist of Dr. Fugate who signed Ms. Mateer's consult with the illegible signature, "followed," examined, evaluated, or treated plaintiffs decedent, Paul C. Hartzell, Jr., regarding his chest pain and/or uncontrolled hypertension. 57. On March 5, 2011, at or about 1745 hours, according to the medical record, plaintiffs decedent, Paul C. Hartzell, Jr., had an elevated blood pressure of 162/106 mm Hg. 13 58. On March 5, 2011, at or about 1925 hours, the nurse caring for Mr. Hartzell noted that he continued to have high blood pressures and was short of breath at times. 59. On March 5, 2011, at or about 1810 hours, Holy Spirit Hospital hospitalist and defendant, Dr. Kaushik, gave a telephone order for plaintiff's decedent, Paul C. Hartzell, Jr., to receive clonidine "now" for his uncontrolled hypertension. 60. On March 6, 2011, at or about 0406 hours, according to the medical record, plaintiff s decedent, Paul C. Hartzell, Jr., had an elevated blood pressure of 143/93 mm Hg. 61. On March 6, 2011, at or about 0800 hours, according to the medical record, plaintiff's decedent, Paul C. Hartzell, Jr., had an elevated blood pressure of 158/103 mm Hg. 62. On March 6, 2011, at or about 1600 hours, according to the medical record, plaintiff's decedent, Paul C. Hartzell, Jr., had an elevated blood pressure of 184/116 mm Hg. 63. On March 6, 2011, at or about 1700 hours, Holy Spirit Hospital hospitalist and defendant, Dr. Kaushik, noted that plaintiff's decedent, Paul C. Hartzell, Jr., had a diagnosis of "chest pain" and "uncontrolled hypertension." 64. On March 6, 2011, at or about 1700 hours, Holy Spirit Hospital hospitalist and defendant, Dr. Kaushik, noted that plaintiff's decedent, Paul C. Hartzell, Jr., complained of mild shortness of breath despite being on supplemental oxygen. 65. On March 6, 2011, at or about 1700 hours, Holy Spirit Hospital hospitalist and defendant, Dr. Kaushik, noted that plaintiff's decedent, Paul C. Hartzell, Jr., had uncontrolled hypertension and the plan was to "adjust meds as needed." 66. On March 6, 2011, on or about 1700 hours, according to the medical records, plaintiff's decedent, Paul C. Hartzell, Jr., was placed on three (3) liters nasal cannula supplemental oxygen. 14 r 67. On March 6, 2011, at or about 1900 hours, according to the medical record, plaintiff's decedent, Paul C. Hartzell, Jr., had an elevated blood pressure of 167/90 mm Hg. 68. On March 6, 2011, at or about 2345 hours, according to the medical record, plaintiff's decedent, Paul C. Hartzell, Jr., had an elevated blood pressure of 134/104 mm Hg. 69. On March 7, 2011, at or about 0023 hours, according to the medical record, plaintiff's decedent, Paul C. Hartzell, Jr., had an elevated blood pressure of 160/96 mm Hg. 70. On March 7, 2011, at or about 0850 hours, according to the medical records, plaintiff's decedent, Paul C. Hartzell, Jr., underwent a nuclear Lexiscan stress test by Associated Cardiologists' Nurse G. Smith, R.N., which was later read by Dr. Sackman as being negative for ischemia. 71. On March 7, 2011, at or about 1130 hours, Holy Spirit Hospital hospitalist and defendant, Dr. Kaushik, noted that plaintiff's decedent, Paul C. Hartzell, Jr., had been ruled out for a myocardial infarction. 72. On March 7, 2011, on or about 1500 hours, according to the medical records, plaintiff's decedent, Paul C. Hartzell, Jr., was placed on four (4) liters nasal cannula supplemental oxygen. 73. On March 7, 2011, at sometime after 2323 hours, plaintiff's decedent, Paul C. Hartzell, Jr., began to have prolonged pauses noted on his telemetry monitor. 74. On March 8, 2011, at sometime prior to 0049 hours, Lisa T. Jones, R.N., was informed by the telemetry monitor technician that plaintiff's decedent, Paul C. Hartzell, Jr., was having prolonged pauses noted on his telemetry monitor. 75. On March 8, 2011, at or about 0049 hours, Lisa T. Jones, R.N., was informed by the telemetry monitor technician that plaintiff's decedent, Paul C. Hartzell, Jr., was asystolic. 15 T t 76. On March 8, 2011, at or about 0049 hours, Lisa T. Jones, R.N., found plaintiff's decedent, Paul C. Hartzell, Jr., in cardiac arrest and called a code blue. 77. On March 8, 2011, at or about 0118 hours, plaintiff's decedent, Paul C. Hartzell, Jr., was pronounced dead. 78. On March 10, 2010, plaintiff's decedent, Paul C. Hartzell, Jr., underwent an autopsy performed by forensic pathologist, Dr. Isadore Mihalakis. 79. On March 10, 2011, Dr. Mihalakis determined, on the basis of his autopsy examination, that the cause of death of plaintiff's decedent, Paul C. Hartzell, Jr., was a rupture of his thoracic aortic dissection. 80. All defendants, including Dr. Fugate, Dr. Sackman, Dr. Kaushik, Ms. Mateer, the associate of Dr. Fugate who signed Ms. Mateer's consult with the illegible signature, and any healthcare provider who participated in the negligent medical care of plaintiff's decedent, Paul C. Hartzell, Jr., at Holy Spirit Hospital during the time period March 4 through March 8, 2011, including Hermant Patel, M.D., failed to recognize that the sudden onset of chest pain with radiation to the back, as described by plaintiff's decedent, Paul C. Hartzell, Jr., is a characteristic symptom of aortic dissection. 81. All defendants, including Dr. Fugate, Dr. Sackman, Dr. Kaushik, Ms. Mateer, the associate of Dr. Fugate who signed Ms. Mateer's consult with the illegible signature, and any healthcare provider who participated in the negligent medical care of plaintiff's decedent, Paul C. Hartzell, Jr., at Holy Spirit Hospital during the time period March 4 through March 8, 2011, including Hermant Patel, M.D., failed to recognize that the sudden onset of chest pain with radiation to the back in a patient with uncontrolled hypertension, as was the case of plaintiff's decedent, Paul C. Hartzell, Jr., placed him at high risk for aortic dissection. 16 82. All defendants, including Dr. Fugate, Dr. Sackman, Dr. Kaushik, Ms. Mateer, the associate of Dr. Fugate who signed Ms. Mateer's consult with the illegible signature, and any healthcare provider who participated in the negligent medical care of plaintiff's decedent, Paul C. Hartzell, Jr., at Holy Spirit Hospital during the time period March 4 through March 8, 2011, including Hermant Patel, M.D., failed to order a CT of the chest for plaintiff's decedent, Paul C. Hartzell, Jr., to determine the cause of his increasing oxygen requirements and chest pain, and to rule out aortic dissection. 83. All defendants, including Dr. Fugate, Dr. Sackman, Dr. Kaushik, Ms. Mateer, the associate of Dr. Fugate who signed Ms. Mateer's consult with the illegible signature, and any healthcare provider who participated in the negligent medical care of plaintiff's decedent, Paul C. Hartzell, Jr., at Holy Spirit Hospital during the time period March 4 through March 8, 2011, including Hermant Patel, M.D., failed to order a MRI of the chest for plaintiff's decedent, Paul C. Hartzell, Jr., to determine the cause of his increasing oxygen requirements and chest pain, and to rule out aortic dissection. 84. All defendants, including Dr. Fugate, Dr. Sackman, Dr. Kaushik, Ms. Mateer, the associate of Dr. Fugate who signed Ms. Mateer's consult with the illegible signature, and any healthcare provider who participated in the negligent medical care of plaintiff's decedent, Paul C. Hartzell, Jr., at Holy Spirit Hospital during the time period March 4 through March 8, 2011, including Hermant Patel, M.D., failed to order a transthoracic and/or a transesophageal echocardiogram of the chest for plaintiff's decedent, Paul C. Hartzell, Jr., to determine the cause of his increasing oxygen requirements and chest pain, and to rule out aortic dissection. 85. All defendants, including Dr. Fugate, Dr. Sackman, Dr. Kaushik, Ms. Mateer, the associate of Dr. Fugate who signed Ms. Mateer's consult with the illegible signature, and any 17 healthcare provider who participated in the negligent medical care of plaintiff's decedent, Paul C. Hartzell, Jr., at Holy Spirit Hospital during the time period March 4 through March 8, 2011, including Hermant Patel, M.D., failed to order a standard upright posteroanterior and lateral chest xray to evaluate the chest pain and increasing oxygen requirement of plaintiff's decedent, Paul C. Hartzell, Jr. 86. All defendants, including Dr. Fugate, Dr. Sackman, Dr. Kaushik, Ms. Mateer, the associate of Dr. Fugate who signed Ms. Mateer's consult with the illegible signature, and any healthcare provider who participated in the negligent medical care of plaintiff's decedent, Paul C. Hartzell, Jr., at Holy Spirit Hospital during the time period March 4 through March 8, 2011, including Hermant Patel, M.D., failed to evaluate the increasing respiratory failure and increasing oxygen requirement of plaintiff's decedent, Paul C. Hartzell, Jr. 87. All defendants, including Dr. Fugate, Dr. Sackman, Dr. Kaushik, Ms. Mateer, the associate of Dr. Fugate who signed Ms. Mateer's consult with the illegible signature, and any healthcare provider who participated in the negligent medical care of plaintiff's decedent, Paul C. Hartzell, Jr., at Holy Spirit Hospital during the time period March 4 through March 8, 2011, including Hermant Patel, M.D., failed to treat the uncontrolled hypertension of plaintiff's decedent, Paul C. Hartzell, Jr., thus placing him at increased risk rupture of his aortic dissection. 88. At all relevant times hereto, defendants, Dr. Fugate, Dr. Sackman, Dr. Kaushik, Ms. Mateer, the associate of Dr. Fugate who signed Ms. Mateer's consult with the illegible signature, and all other healthcare providers involved in the negligent medical care of plaintiff's decedent, Paul C. Hartzell, Jr., at Holy Spirit Hospital during the time period March 4 through March 8, 2011, including Hermant Patel, M.D., knew or should have known that plaintiff's decedent, Paul C. Hartzell, Jr., had an aortic dissection. 18 89. At all relevant times hereto, defendants, Dr. Fugate, Dr. Sackman, Dr. Kaushik, Ms. Mateer, the associate of Dr. Fugate who signed Ms. Mateer's consult with the illegible signature, and all other healthcare providers involved in the negligent medical care of plaintiff's decedent, Paul C. Hartzell, Jr., at Holy Spirit Hospital during the time period March 4 through March 8, 2011, including Hermant Patel, M.D., herein had an obligation and duty as to the accepted standard of medical care to promptly and properly diagnose and treat the aortic dissection of plaintiff's decedent, Paul C. Hartzell, Jr., but failed to do so in violation of the standard of care. 90. These violations of the accepted standards of medical practice by all defendants, Dr. Fugate, Dr. Sackman, Dr. Kaushik, Ms. Mateer, the associate of Dr. Fugate who signed Ms. Mateer's consult with the illegible signature, and all other healthcare providers involved in the negligent medical care of plaintiff's decedent, Paul C. Hartzell, Jr., at Holy Spirit Hospital during the time period March 4 through March 8, 2011, including Hermant Patel, M.D., were substantial contributing factors causing the aforementioned injuries and death of plaintiff's decedent, Paul C. Hartzell, Jr. 91. These violations of the accepted standards of medical care by defendants, Dr. Fugate, Dr. Sackman, Dr. Kaushik, Ms. Mateer, the associate of Dr. Fugate who signed Ms. Mateer's consult with the illegible signature, and all other healthcare providers involved in the negligent medical care of plaintiff's decedent, Paul C. Hartzell, Jr., at Holy Spirit Hospital during the time period March 4 through March 8, 2011, including Hermant Patel, M.D., as well as those set forth below, directly and proximately resulted in the aforementioned injuries and death of plaintiff's decedent, Paul C. Hartzell, Jr. 19 92. The injuries and death of plaintiff's decedent, Paul C. Hartzell, Jr., were the direct result of the negligence of defendants, their agents, servants, and/or employees, including defendants, Dr. Fugate, Dr. Sackman, Dr. Kaushik, Ms. Mateer, the associate of Dr. Fugate who signed Ms. Mateer's consult with the illegible signature, and any healthcare provider who participated in the negligent medical care of plaintiffs decedent, Paul C. Hartzell, Jr., at Holy Spirit Hospital during the time period March 4 through March 8, 2011, including Hermant Patel, M.D., and were due in no manner whatsoever to the failure to act on the part of the decedent, or any other person other than the defendants, their agents, servants, and/or employees. 93. The negligence of all defendants, including Dr. Fugate, Dr. Sackman, Dr. Kaushik, Ms. Mateer, the associate of Dr. Fugate who signed Ms. Mateer's consult with the illegible signature, and any healthcare provider who participated in the negligent medical care of plaintiff s decedent, Paul C. Hartzell, Jr., at Holy Spirit Hospital during the time period March 4 through March 8, 2011, including Hermant Patel, M.D., jointly and severally, as more fully set forth in the counts below caused plaintiffs decedent, Paul C. Hartzell, Jr., to experience the following injuries and damages: (a) respiratory distress; (b) respiratory failure; (c) severe chest pain; (d) hypoxia; (e) hypoxemia; (f) hypoperfusion; (g) hemodynamic instability; (h) cardiac dysfunction; 20 I (i) fear; 0) cardiorespiratory collapse; (k) cardiac arrest; (1) requirement for cardiorespiratory resuscitation; (m) cardiac tamponade; (n) ruptured aortic dissection; (o) shock; (p) ventricular fibrillation; (q) asystole; (r) fright; (s) anxiety; (t) suffering; (u) perforation of the ascending aorta; (v) mental anguish; (w) hemorrhage; (x) back pain; (y) neck pain; (z) death; (aa) all damages allowable under the Survival Act; and (bb) all damages allowable under the Wrongful Death Act. 21 COUNT I - NEGLIGENCE Plaintiffs v. Defendants Dr. Kaushik, Holy Spirit, and HSHS 94. The paragraphs and allegations stated above are fully incorporated herein by reference as though set forth fully herein. 95. Defendant, Dr. Kaushik, and through her/him, Holy Spirit and HSHS, were careless and negligent in one or more of the following particular respects: a. failure to properly, appropriately, adequately, and timely rule out thoracic aortic dissection as a cause of the chest pain of plaintiff's decedent, Paul C. Hartzell, Jr., chest pain while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; b. failure to properly, appropriately, adequately, and timely obtain a CT scan of the chest to rule out thoracic aortic dissection as a cause of the chest pain of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; C. failure to properly, appropriately, adequately, and timely work-up the chest pain of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; d. failure to properly, appropriately, adequately, and timely diagnose the aortic dissection of plaintiffs decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011, in such a manner as to prevent rupture of the aortic dissection; e. failure to properly, appropriately, adequately, and timely diagnose the aortic dissection of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011, in such a manner as to prevent rupture of the aortic dissection and cardiac tamponade; f. failure to properly, appropriately, adequately, and timely diagnose the aortic dissection of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011, in such a manner as to prevent death; 22 g. failure to properly, appropriately, adequately, and timely evaluate, appreciate, diagnose, and treat the aortic dissection of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; h. failure to properly, appropriately, adequately, and timely consult a physician competent in the evaluation of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; i. failure to properly, appropriately, adequately, and timely evaluate, appreciate, diagnose, and treat the precarious medical status of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; j. failure to properly, appropriately, adequately, and timely provide appropriate medical intervention and treatment of the aortic dissection of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; k. failure to properly, appropriately, adequately, and timely evaluate plaintiff's decedent, Paul C. Hartzell, Jr, while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011, when he/she knew, or should have known, that Plaintiffs decedent, Paul C. Hartzell, Jr. was at risk for aortic dissection; failure to properly, appropriately, adequately, and timely rule out aortic dissection prior to assuming that the chest pain experienced by plaintiff's decedent, Paul C. Hartzell, Jr., was due to reaction to Lipitor; in. failure to properly, appropriately, adequately, and timely order a MRI scan of the chest to rule out thoracic aortic dissection as a cause of the chest pain of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; n. failure to properly, appropriately, adequately, and timely order an echocardiogram of the chest to rule out thoracic aortic dissection as a cause of the chest pain of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; o. failure to properly, appropriately, adequately, and timely order a PA and lateral chest xray to evaluate the chest pain of plaintiff's decedent, Paul C. 23 Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; P. failure to properly, appropriately, adequately, and timely manage and/or treat the uncontrolled hypertension of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; q. failure to properly, appropriately, and timely evaluate the increased oxygen requirements of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; r. failure to properly, appropriately, adequately, and timely evaluate the increasing respiratory failure of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; S. failure to properly, appropriately, adequately, and timely recognize that the sudden onset of chest pain with radiation to the back, as described by plaintiff's decedent, Paul C. Hartzell, Jr., upon presentation to Holy Spirit Hospital on March 4, 2011, was a characteristic symptom of aortic dissection; and t. failure to properly, appropriately, adequately, and timely recognize that the history of sudden onset of chest pain with radiation to the back in a patient with uncontrolled hypertension, as was the case with plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011, placed him at high risk for aortic dissection, rupture, cardiac tamponade, and death. 96. All defendants, undertook and/or assumed a duty to render reasonable, proper, adequate, and appropriate medical care to plaintiff's decedent, Paul C. Hartzell, Jr., and to avoid harm to him, and that duty was breached by all defendants. 97. Plaintiff's decedent, Paul C. Hartzell, Jr., relied on the knowledge, treatment, and skill of all defendants. 24 98. The carelessness and negligence of all defendants increased the risk of harm and was a substantial factor in causing the injuries and damages suffered by plaintiff's decedent, Paul C. Hartzell, Jr., as set forth more fully above. WHEREFORE, Plaintiff, Brenda D. Hartzell, Administratrix of the Estate of Paul C. Hartzell, Jr., deceased, demands damages against all defendants, jointly and severally, in an amount in excess of $50,000.00, and in excess of the prevailing arbitration limits, exclusive of prejudgment interest, postjudgment interest, and costs. COUNT II - NEGLIGENCE Plaintiff v. Defendants, Dr. Fugate, Associated Cardiologists, Holy Spirit, and HSHS 99. The paragraphs and allegations stated above are fully incorporated herein by reference as though set forth fully herein. 100. Defendant, Dr. Fugate, and through him Associated Cardiologists, Holy Spirit, and HSHS, were careless and negligent in one or more of the following particular respects: a. failure to properly, appropriately, adequately, and timely rule out thoracic aortic; dissection as a cause of the chest pain of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; b. failure to properly, appropriately, adequately, and timely obtain a CT scan of the chest to rule out thoracic aortic dissection as a cause of the chest pain of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; C. failure to properly, appropriately, adequately, and timely work-up the chest: pain of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; d. failure to properly, appropriately, adequately, and timely diagnose the aortic dissection of plaintiff's decedent, Paul C. Hartzell, Jr., while he was 25 a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011, in such a manner as to prevent rupture of the aortic dissection; failure to properly, appropriately, adequately, and timely diagnose the aortic dissection of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011, in such a manner as to prevent rupture of the aortic dissection and cardiac tamponade; f. failure to properly, appropriately, adequately, and timely diagnose the aortic dissection of plaintiff s decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011, in such a manner as to prevent death; g. failure to properly, appropriately, adequately, and timely evaluate, appreciate, diagnose, and treat the aortic dissection of plaintiffs decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; h. failure to properly, appropriately, adequately, and timely consult a physician competent in the evaluation of plaintiffs decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; i. failure to properly, appropriately, adequately, and timely evaluate, appreciate, diagnose, and treat the precarious medical status of plaintiffs decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; failure to properly, appropriately, adequately, and timely provide appropriate medical intervention and treatment of the aortic dissection of plaintiffs decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; k. failure to properly, appropriately, adequately, and timely evaluate plaintiffs decedent, Paul C. Hartzell, Jr, while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011, when he/she knew, or should have known, that Plaintiffs decedent, Paul C. Hartzell, Jr. was at risk for aortic dissection; failure to properly, appropriately, adequately, and timely rule out aortic dissection prior to assuming that the chest pain experienced by plaintiffs decedent, Paul C. Hartzell, Jr., was due to reaction to Lipitor; 26 in. failure to properly, appropriately, adequately, and timely order a MRI scan of the chest to rule out thoracic aortic dissection as a cause of the chest pain of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; n. failure to properly, appropriately, adequately, and timely order an echocardiogram of the chest to rule out thoracic aortic dissection as a cause of the chest pain of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; o. failure to properly, appropriately, adequately, and timely order a PA and lateral chest xray to evaluate the chest pain of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; P. failure to properly, appropriately, adequately, and timely manage and/or treat the uncontrolled hypertension of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; q. failure to properly, appropriately, and timely evaluate the increased oxygen requirements of plaintiff s decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; r. failure to properly, appropriately, adequately, and timely evaluate the increasing respiratory failure of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; S. failure to properly, appropriately, adequately, and timely recognize that the sudden onset of chest pain with radiation to the back, as described by plaintiff's decedent, Paul C. Hartzell, Jr., upon presentation to Holy Spirit Hospital on March 4, 2011, was a characteristic symptom of aortic dissection; t. failure to properly, appropriately, adequately, and timely recognize that the history of sudden onset of chest pain with radiation to the back in a patient with uncontrolled hypertension, as was the case with plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011, placed him at high risk for aortic dissection, rupture, cardiac tamponade, and death; 27 U. failure to properly, appropriately, adequately, timely, and personally evaluate plaintiff's decedent, Paul C. Hartzell, Jr., as the cardiology attending "on call" for Associated Cardiologists, in the Holy Spirit Hospital Emergency Department on March 4-5, 2011, immediately following the evaluation by the Associated Cardiolgists' physician assistant, Ms. Mateer; V. failure to properly, appropriately, adequately, and timely supervise the Associated Cardiolgists' physician assistant, Ms. Mateer, during her evaluation of plaintiff's decedent, Paul C. Hartzell, Jr., in the Holy Spirit Hospital Emergency Department on March 4-5, 2011; W. failure to properly, appropriately, adequately, and timely communicate and/or "hand off," as the weekend cardiologist on call, Mr. Hartzell to his associate from Associated Cardiologists who would be making rounds at Holy Spirit Hospital on the morning of Monday, May 5, 2011; and X. failure to properly, appropriately, adequately, timely, and personally evaluate plaintiff's decedent, Paul C. Hartzell, Jr., as the cardiology attending on call for Associated Cardiologists, in the Holy Spirit Hospital Emergency Department on March 5, 2011, rather than allowing Mr. Hartzell's diagnosis and treatment be determined by an unsupervised physician assistant. 101. All defendants, undertook and/or assumed a duty to render reasonable, proper, adequate, and appropriate medical care to plaintiff's decedent, Paul C. Hartzell, Jr., and to avoid harm to him, and that duty was breached by all defendants. 102. Plaintiff's decedent, Paul C. Hartzell, Jr., relied on the knowledge, treatment, and skill of all defendants. 103. The carelessness and negligence of all defendants increased the risk of harm and was a substantial factor in causing the injuries and damages suffered by plaintiff's decedent, Paul C. Hartzell, Jr., as set forth more fully above. WHEREFORE, Plaintiff, Brenda D. Hartzell, as Administratrix of the Estate of Paul C. Hartzell, Jr., deceased, demands damages against all defendants, jointly and severally, in an 28 amount in excess of $50,000.00, and in excess of the prevailing arbitration limits, exclusive of prejudgment interest, postjudgment interest, and costs. COUNT III - NEGLIGENCE Plaintiff v. Defendants Dr. Sackman, Cardiologists, Holy Spirit, and HSHS 104. The paragraphs and allegations stated above are fully incorporated herein by reference as though set forth fully herein. 105. Defendant, Dr. Sackman, and through him Associated Cardiologists, Holy Spirit, and HSHS, were careless and negligent in one or more of the following particular respects: a. failure to properly, appropriately, adequately, and timely rule out thoracic aortic dissection as a cause of the chest pain of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; b. failure to properly, appropriately, adequately, and timely obtain a CT scan of the chest to rule out thoracic aortic dissection as a cause of the chest pain of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; C. failure to properly, appropriately, adequately, and timely work-up the chest pain of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; d. failure to properly, appropriately, adequately, and timely diagnose the aortic dissection of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011, in such a manner as to prevent rupture of the aortic dissection; e. failure to properly, appropriately, adequately, and timely diagnose the aortic dissection of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011, in such a manner as to prevent rupture of the aortic dissection and cardiac tamponade; 29 f. failure to properly, appropriately, adequately, and timely diagnose the aortic dissection of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011, in such a manner as to prevent death; g. failure to properly, appropriately, adequately, and timely evaluate, appreciate, diagnose, and treat the aortic dissection of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; h. failure to properly, appropriately, adequately, and timely consult a physician competent in the evaluation of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; i. failure to properly, appropriately, adequately, and timely evaluate, appreciate, diagnose, and treat the precarious medical status of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; failure to properly, appropriately, adequately, and timely provide appropriate medical intervention and treatment of the aortic dissection of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit: Hospital during the time period March 4 through March 8, 2011; k. failure to properly, appropriately, adequately, and timely evaluate Plaintiff's decedent, Paul C. Hartzell, Jr, while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011, when he/she knew, or should have known, that Plaintiff's decedent, Paul C. Hartzell, Jr. was at risk for aortic dissection; failure to properly, appropriately, adequately, and timely rule out aortic dissection prior to assuming that the chest pain experienced by plaintiff's decedent, Paul C. Hartzell, Jr., was due to reaction to Lipitor; in. failure to properly, appropriately, adequately, and timely order a MRI scan of the chest to rule out thoracic aortic dissection as a cause of the chest pain of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; n. failure to properly, appropriately, adequately, and timely order an echocardiogram of the chest to rule out thoracic aortic dissection as a cause of the chest pain of plaintiff's decedent, Paul C. Hartzell, Jr., while 30 he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; o. failure to properly, appropriately, adequately, and timely order a PA and lateral chest xray to evaluate the chest pain of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; P. failure to properly, appropriately, adequately, and timely manage and/or treat the uncontrolled hypertension of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; q. failure to properly, appropriately, and timely evaluate the increased oxygen requirements of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; r. failure to properly, appropriately, adequately, and timely evaluate the increasing respiratory failure of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; S. failure to properly, appropriately, adequately, and timely recognize that the sudden onset of chest pain with radiation to the back, as described by plaintiff's decedent, Paul C. Hartzell, Jr., upon presentation to Holy Spirit Hospital on March 4, 2011, was a characteristic symptom of aortic dissection; t. failure to properly, appropriately, adequately, and timely recognize that the history of sudden onset of chest pain with radiation to the back in a patient with uncontrolled hypertension, as was the case with plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011, placed him at high risk for aortic dissection, rupture, cardiac tamponade, and death; U. failure to properly, appropriately, adequately, and timely "follow' and evaluate, diagnose, and treat plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 5 through March 8, 2011, as the Associated Cardiologists' cardiologist who had the responsibility to follow consults at Holy Spirit Hospital during the week of March 5, 2011; 31 V. failure to properly, appropriately, adequately, and timely supervise the nurse performing Mr. Hartzell's cardiac stress test on March 7, 2011, at Holy Spirit Hospital; and w. failure to properly, appropriately, adequately, and timely personally evaluate Mr. Hartzell at the time of his cardiac stress test on March 7, 2011, at Holy Spirit Hospital. 106. All defendants, undertook and/or assumed a duty to render reasonable, proper, adequate, and appropriate medical care to plaintiff's decedent, Paul C. Hartzell, Jr., and to avoid harm to him, and that duty was breached by all defendants. 107. Plaintiff's decedent, Paul C. Hartzell, Jr., relied on the knowledge, treatment, and skill of all defendants. 108. The carelessness and negligence of all defendants increased the risk of harm and was a substantial factor in causing the injuries and damages suffered by plaintiff's decedent, Paul C. Hartzell, Jr., as set forth more fully above. WHEREFORE, Plaintiff, Brenda D. Hartzell, as Administratrix of the Estate of Paul C. Hartzell, Jr., deceased, demands damages against all defendants, jointly and severally, in an amount in excess of $50,000.00, and in excess of the prevailing arbitration limits, exclusive of prejudgment interest, postjudgment interest, and costs. COUNT IV - NEGLIGENCE Plaintiff v. Defendants Ms. Mateer, Cardiologists, Holy Spirit, and HSHS 109. The paragraphs and allegations stated above are fully incorporated herein by reference as though set forth fully herein. 110. Defendant, Ms. Mateer, and through her Associated Cardiologists, Holy Spirit, and HSHS were careless and negligent in one or more of the following particular respects: 32 a. failure to properly, appropriately, adequately, and timely rule out thoracic aortic dissection as a cause of the chest pain of plaintiff's decedent, Paul C. Hartzell, Jr., when she evaluated him in the Holy Spirit Hospital Emergency Department on March 8, 2011, as an employee and/or agent of Associated Cardiologists; b. failure to properly, appropriately, adequately, and timely obtain a CT scan of the chest to rule out thoracic aortic dissection as a cause of the chest pain of plaintiff's decedent, Paul C. Hartzell, Jr., when she evaluated him in the Holy Spirit Hospital Emergency Department on March 8, 2011, as an employee and/or agent of Associated Cardiologists; failure to properly, appropriately, adequately, and timely work-up the chest pain of plaintiff's decedent, Paul C. Hartzell, Jr., when she evaluated him in the Holy Spirit Hospital Emergency Department on March 8, 2011, as an employee and/or agent of Associated Cardiologists; d. failure to properly, appropriately, adequately, and timely diagnose the aortic dissection of plaintiff's decedent, Paul C. Hartzell, Jr., when she evaluated him in the Holy Spirit Hospital Emergency Department on March 8, 2011, as an employee and/or agent of Associated Cardiologists; e. failure to properly, appropriately, adequately, and timely diagnose the aortic dissection of plaintiff's decedent, Paul C. Hartzell, Jr., when she evaluated him in the Holy Spirit Hospital Emergency Department on March 8, 2011, as an employee and/or agent of Associated Cardiologists, in such a manner as to prevent rupture of his aortic dissection and cardiac tamponade; f. failure to properly, appropriately, adequate, and timely diagnose the aortic dissection of plaintiff's decedent, Paul C. Hartzell, Jr., when she evaluated him in the Holy Spirit Hospital Emergency Department on March 8, 2011, as an employee and/or agent of Associated Cardiologists, in such a manner as to prevent death; g. failure to properly, appropriately, adequately, and timely evaluate, appreciate, diagnose, and treat the aortic dissection of plaintiff's decedent, Paul C. Hartzell, Jr., when she evaluated him in the Holy Spirit Hospital Emergency Department on March 8, 2011, as an employee and/or agent of Associated Cardiologists; h. failure to properly, appropriately, adequately, and timely consult a physician competent in the evaluation of plaintiff's decedent, Paul C. Hartzell, Jr., when she evaluated him in the Holy Spirit Hospital 33 Emergency Department on March 8, 2011, as an employee and/or agent of Associated Cardiologists; failure to properly, appropriately, adequately, and timely evaluate, appreciate, diagnose, and treat the precarious medical status of plaintiffs decedent, Paul C. Hartzell, Jr., when she evaluated him in the Holy Spirit Hospital Emergency Department on March 8, 2011, as an employee and/or agent of Associated Cardiologists; failure to properly, appropriately, adequately, and timely provide appropriate medical intervention and treatment of the aortic dissection of plaintiffs decedent, Paul C. Hartzell, Jr., when she evaluated him in the Holy Spirit Hospital Emergency Department on March 8, 2011, as an employee and/or agent of Associated Cardiologists; k. failure to properly, appropriately, adequately, and timely evaluate plaintiffs decedent, Paul C. Hartzell, Jr., when she evaluated him in the Holy Spirit Hospital Emergency Department on March 8, 2011, as an employee and/or agent of Associated Cardiologists, when he/she knew, or should have known, that plaintiffs decedent, Paul C. Hartzell, Jr. was at risk for aortic dissection; failure to properly, appropriately, adequately, and timely rule out aortic dissection in plaintiff s decedent, Paul C. Hartzell, Jr., when she evaluated him in the Holy Spirit Hospital Emergency Department on March 8, 2011, as an employee and/or agent of Associated Cardiologists, prior to assuming that the chest pain experienced by plaintiffs decedent, Paul C. Hartzell, Jr., was due to reaction to Lipitor; in. failure to properly, appropriately, adequately, and timely order a MRI scan of the chest to rule out thoracic aortic dissection as a cause of the chest pain of plaintiffs decedent, Paul C. Hartzell, Jr., when she evaluated him in the Holy Spirit Hospital Emergency Department on March 8, 2011, as an employee and/or agent of Associated Cardiologists; n. failure to properly, appropriately, adequately, and timely order an echocardiogram of the chest to rule out thoracic aortic dissection as a cause of the chest pain of plaintiffs decedent, Paul C. Hartzell, Jr., when she evaluated him in the Holy Spirit Hospital Emergency Department on March 8, 2011, as an employee and/or agent of Associated Cardiologists; o. failure to properly, appropriately, adequately, and timely order a PA and lateral chest xray to evaluate the chest pain of plaintiff s decedent, Paul C. Hartzell, Jr., when she evaluated him in the Holy Spirit Hospital 34 Emergency Department on March 8, 2011, as an employee and/or agent of Associated Cardiologists; P. failure to properly, appropriately, adequately, and timely manage and/or treat the uncontrolled hypertension of plaintiff's decedent, Paul C. Hartzell, Jr., when she evaluated him in the Holy Spirit Hospital Emergency Department on March 8, 2011, as an employee and/or agent of Associated Cardiologists; q. failure to properly, appropriately, adequately, and timely recognize that the sudden onset of chest pain with radiation to the back, as described by plaintiff's decedent, Paul C. Hartzell, Jr., upon presentation to Holy Spirit Hospital on March 4, 2011, was a characteristic symptom of aortic dissection; r. failure to properly, appropriately, adequately, and timely recognize that the history of sudden onset of chest pain with radiation to the back in a patient with uncontrolled hypertension, as was the case with plaintiff's decedent, Paul C. Hartzell, Jr., when she evaluated him in the Holy Spirit Hospital Emergency Department on March 8, 2011, as an employee and/or agent of Associated Cardiologists, placed him at high risk for aortic dissection, rupture, cardiac tamponade, and death; S. failure to properly, appropriately, adequately, and timely communicate and/or "hand off' Mr. Hartzell to the cardiologist from Associated Cardiologists who would be making rounds at Holy Spirit Hospital on the morning of Monday, May 5, 2011; and t. failure to properly, appropriately, adequately, and timely communicate with the attending cardiologist on call for Associated Cardiologists, Dr. Fugate, following her evaluation of plaintiff's decedent, Paul C. Hartzell, Jr., in the Holy Spirit Hospital Emergency Department on March 8, 2011. 111. Defendants, undertook and/or assumed a duty to render reasonable, proper, adequate, and appropriate medical care to plaintiff's decedent, Paul C. Hartzell, Jr., and to avoid harm to him, and that duty was breached by all defendants. 112. Plaintiff's decedent, Paul C. Hartzell, Jr., relied on the knowledge, treatment, and skill of defendants. 35 113. The carelessness and negligence of defendants increased the risk of harm and was a substantial factor in causing the injuries and damages suffered by plaintiff's decedent, Paul C. Hartzell, Jr., as set forth more fully above. WHEREFORE, Plaintiff, Brenda D. Hartzell, as Administratrix of the Estate of Paul C. Hartzell, Jr., deceased, demands damages against all defendants, jointly and severally, in an amount in excess of $50,000.00, and in excess of the prevailing arbitration limits, exclusive of prejudgment interest, postjudgment interest, and costs. COUNT V - NEGLIGENCE Plaintiff v. Defendants, Holy Spirit, HSHS, and/or Cardiologists, for the Negligence of their Employees and/or Agents 114. The paragraphs and allegations stated above are fully incorporated herein by reference as though set forth fully herein. 115. Defendants, Associated Cardiologists, Holy Spirit, and HSHS, through the negligent actions and/or omissions of their employees and/or agents, were careless and negligent in one or more of the following particular respects: a. failure to properly, appropriately, adequately, and timely rule out thoracic aortic dissection as a cause of the chest pain of plaintiffs decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; b. failure to properly, appropriately, adequately, and timely obtain a CT scan of the chest to rule out thoracic aortic dissection as a cause of the chest pain of plaintiff s decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; C. failure to properly, appropriately, adequately, and timely work-up the chest pain of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; 36 d. failure to properly, appropriately, adequately, and timely diagnose the aortic dissection of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011, in such a manner as to prevent rupture of the aortic dissection; e. failure to properly, appropriately, adequately, and timely diagnose the aortic dissection of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011, in such a manner as to prevent rupture of the aortic dissection and cardiac tamponade; f. failure to properly, appropriately, adequately, and timely diagnose the aortic dissection of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011, in such a manner as to prevent death; g. failure to properly, appropriately, adequately, and timely evaluate, appreciate, diagnose, and treat the aortic dissection of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; h. failure to properly, appropriately, adequately, and timely consult a physician competent in the evaluation of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; failure to properly, appropriately, adequately, and timely evaluate, appreciate, diagnose, and treat the precarious medical status of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; j . failure to properly, appropriately, adequately, and timely provide appropriate medical intervention and treatment of the aortic dissection of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; k. failure to properly, appropriately, adequately, and timely evaluate plaintiff's decedent, Paul C. Hartzell, Jr, while he was a patient at Holy Spirit: Hospital during the time period March 4 through March 8, 2011, when he/she knew, or should have known, that Plaintiff's decedent, Paul C. Hartzell, Jr. was at risk for aortic dissection; 37 1. failure to properly, appropriately, adequately, and timely rule out aortic dissection prior to assuming that the chest pain experienced by plaintiff's decedent, Paul C. Hartzell, Jr., was due to reaction to Lipitor; M. failure to properly, appropriately, adequately, and timely order a MRI scan of the chest to rule out thoracic aortic dissection as a cause of the chest pain of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; n. failure to properly, appropriately, adequately, and timely order an echocardiogram of the chest to rule out thoracic aortic dissection as a cause of the chest pain of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; o. failure to properly, appropriately, adequately, and timely order a PA and lateral chest xray to evaluate the chest pain of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; P. failure to properly, appropriately, adequately, and timely manage and/or treat the uncontrolled hypertension of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; q. failure to properly, appropriately, and timely evaluate the increased oxygen requirements of plaintiffs decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; r. failure to properly, appropriately, adequately, and timely evaluate the increasing respiratory failure of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011; S. failure to properly, appropriately, adequately, and timely recognize that the sudden onset of chest pain with radiation to the back, as described by plaintiff's decedent, Paul C. Hartzell, Jr., upon presentation to Holy Spirit Hospital on March 4, 2011, was a characteristic symptom of aortic dissection; t. failure to properly, appropriately, adequately, and timely recognize that the history sudden onset of chest pain with radiation to the back in a patient with uncontrolled hypertension, as was the case with plaintiff's 38 decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011, placed him at high risk for aortic dissection, rupture, cardiac tamponade, and death; U. failure to properly, appropriately, adequately, and timely personally evaluate plaintiff's decedent, Paul C. Hartzell, Jr., as the cardiology attending on call for Associated Cardiologists, in the Holy Spirit Hospital Emergency Department on March 5, 2011, after the evaluation by the Associated Cardiologists' physician assistant, Ms. Mateer; V. failure to properly, appropriately, adequately, and timely supervise the Associated Cardiologists' physician assistant, Ms. Mateer, following her evaluation of plaintiff's decedent, Paul C. Hartzell, Jr., in the Holy Spirit Hospital Emergency Department on March 5, 2011; W. failure to properly, appropriately, adequately, and timely communicate and/or "hand off," as the weekend cardiologist on call, Mr. Hartzell to his associate from Associated Cardiologists who would be making rounds at Holy Spirit Hospital on the morning of Monday, May 5, 2011; and X. failure to properly, appropriately, evaluate plaintiff's decedent, Paul attending on call for Associated Can Emergency Department on March Hartzell's diagnosis and treatment physician assistant. adequately, and timely personally C. Hartzell, Jr., as the cardiology iiologists, in the Holy Spirit Hospital 5, 2011, rather than allowing Mr. be determined by an unsupervised Y. failure to properly, appropriately, adequately, and timely "follow' and evaluate, diagnose, and treat plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 5 through March 8, 2011, as the Associated Cardiologists' cardiologist who had the responsibility to follow consults at Holy Spirit Hospital during the week of March 5, 2011; Z. failure to properly, appropriately, adequately, and timely supervise the nurse performing Mr. Hartzell's cardiac stress test on March 7, 2011, at Holy Spirit Hospital; and aa. failure to properly, appropriately, adequately, and timely personally evaluate Mr. Hartzell at the time of his cardiac stress test on March 7, 2011, at Holy Spirit Hospital. 39 116. All defendants, undertook and/or assumed a duty to render reasonable, proper, adequate, and appropriate medical care to plaintiff's decedent, Paul C. Hartzell, Jr., and to avoid harm to him, and that duty was breached by all defendants. 117. Plaintiff's decedent, Paul C. Hartzell, Jr., relied on the knowledge, treatment, and skill of all defendants. 118. The carelessness and negligence of all defendants increased the risk of harm and was a substantial factor in causing the injuries and damages suffered by plaintiff's decedent, Paul C. Hartzell, Jr., as set forth more fully above. WHEREFORE, Plaintiff, Brenda D. Hartzell, as Administratrix of the Estate of Paul C. Hartzell, Jr., deceased, demands damages against all defendants, jointly and severally, in an amount in excess of $50,000.00, and in excess of the prevailing arbitration limits, exclusive of prejudgment interest, postjudgment interest, and costs. FIRST CAUSE OF ACTION - WRONGFUL DEATH ACTION Plaintiff v. Dr. Kaushik, Holy Spirit, HSHS, Dr. Fugate, Dr. Sackman, Ms. Mateer, and Cardiologists 119. The paragraphs and allegations stated above are fully incorporated herein by reference as if set forth fully herein. 120. Plaintiff, Brenda D. Hartzell, Administratrix of the Estate of Paul C. Hartzell, Jr., deceased, brings this action under and by virtue of the Wrongful Death Act, 42 Pa.C.S.A. §8301, and the applicable Rules of Civil Procedure, and decisional law. 121. Paul C. Hartzell, Jr., deceased, left surviving him as his statutory heirs-at-law entitled to recover for damages under the Wrongful Death Act 42 Pa.C.S.A. §8301, his wife: a. Brenda D. Hartzell (wife) 12 Princeton Street 40 Duncannon, Pennsylvania 17020; b. Amy Marie Gamble (adult daughter of decedent) 1655 B. State Road Duncannon, Pennsylvania 17020; C. Melissa Henry (adult daughter of decedent) 5330 Davidsburg Road Dover, PA 17315 122. As a result of the negligent acts and omissions of all defendants and their agents, including defendants, Dr. Fugate, Dr. Sackman, Ms. Mateer, Dr. Kaushik, the associate of Dr. Fugate who signed Ms. Mateer's consult with the illegible signature, and any healthcare provider who participated in the negligent medical care of plaintiff's decedent, Paul C. Hartzell, Jr., while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011, including Hermant Patel, M.D., plaintiff's decedent was caused grave injuries and death resulting in entitlement to damages by the aforementioned beneficiaries under the Wrongful Death Act. 123. Plaintiff, Brenda D. Hartzell, as Administratrix of the Estate of Paul C. Hartzell, Jr., deceased, on behalf of the wrongful death beneficiaries, claims all expenses recoverable under the Wrongful Death Act, including, but not limited to, damages for medical, funeral, and burial expenses, and expenses of administration necessitated by the reason of the injuries which caused the death of plaintiff s decedent, Paul C. Hartzell, Jr. 124. Plaintiff, Brenda D. Hartzell, as Administratrix of the Estate of Paul C. Hartzell, Jr., deceased, on behalf of the Wrongful Death Act beneficiaries, claims the full measure of damages for all pecuniary losses cognizable pursuant to and by virtue of the Wrongful Death Act 42 Pa.C.S.A. §8301 and the decisional law interpreting this Act, which were and continue to be suffered by beneficiaries arising out of the negligence of the defendants, jointly and severally. 41 1 WHEREFORE, Plaintiff, Brenda D. Hartzell, as Administratrix of the Estate of Paul C. Hartzell, Jr., deceased, demands damages against all defendants, jointly and severally, in an amount in excess of $50,000.00, and in excess of the prevailing arbitration limits, exclusive of prejudgment interest, postjudgment interest, and costs. SECOND CAUSE OF ACTION - SURVIVAL ACTION Plaintiff v. Dr. Kaushik, Holy Spirit, HSHS, Dr. Fugate, Dr. Sackman, Ms. Mateer, and Cardiologists 125. The paragraphs and allegations stated above are incorporated herein by reference and made apart hereof as if set forth in full. 126. Plaintiff, Brenda D. Hartzell, as Administratrix of the Estate of Paul C. Hartzell, Jr., deceased, brings this survival action on behalf of the Estate of Paul C. Hartzell, Jr., deceased, and claims the full measure of damages under the Survival Act 42 Pa.C.S.A. §8302, the applicable Rules of Civil Procedure, and the decisional law interpreting said Act. 127. As a result of the negligent acts and omissions of all defendants and their agents, including defendants, Dr. Fugate, Dr. Sackman, Ms. Mateer, Dr. Kaushik, the associate of Dr. Fugate who signed Ms. Mateer's consult with the illegible signature, and any healthcare provider who participated in the negligent medical care at Holy Spirit while he was a patient at Holy Spirit Hospital during the time period March 4 through March 8, 2011, including Hermant Patel, M.D., plaintiff's decedent, Paul C. Hartzell, Jr., was caused grievous injuries and death, resulting in entitlement to damages by the Estate of Paul C. Hartzell, Jr., deceased under the aforementioned Survival Act 42 Pa.C.S.A. §8302. 42 128. On behalf of' the decedent's Estate, plaintiff claims the loss of earnings in economic loss to decedent's Estate, including decedent's total estimated future earning power, less his costs of personal maintenance, as a result of decedent's death. 129. On behalf of decedent's Estate, plaintiff claims damages for the pain, suffering, humiliation, and disfigurement endured by the decedent prior to his death and all of the damages recoverable under the aforementioned Survival Act 42 Pa.C.S.A. §8302, the applicable Rules of Civil Procedure, and the decisional law interpreting said Act. WHEREFORE, Plaintiff, Brenda D. Hartzell, as Administratrix of the Estate of Paul C. Hartzell, Jr., deceased, demands damages against all defendants, jointly and severally, in an amount in excess of $50,000.00, and in excess of the prevailing arbitration limits, exclusive of prejudgment interest, postjudgment interest, and costs. Respectfully submitted, By: i Date: 7 ? As ? 12• KLINE & SPECTER, A Professional Corporation 4w-t,rt qk%? THOMAS R. KLINE, ESQUIRE ANDREW S. YOUMAN, ESQUIRE GEARY L. YEISLEY, ESQUIRE Attorneys for Plaintiff 43 VERIFICATION I, Brenda D. Hartzell, hereby verify that the within Civil Action Complaint is based on first-hand information and on information furnished to my counsel and/or obtained by counsel in the course of investigating the underlying facts giving rise to this lawsuit. The language of the document is that of counsel, and not mine. To the extent that the contents of the document are based upon information furnished to counsel and/or obtained by counsel during the course of this lawsuit, and counsel's investigation of the facts giving rise to this lawsuit, I have relied in good faith upon counsel in signing this verification. All statements are founded upon my reasonable belief that the statements contained in this Civil Action Complaint are true and correct. This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. BRENDA D. HARTZELL Date: \W__ SHORT CERTIFICATE - LETTERS TESTAMENTARY COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF PERRY Estate No: 5011-0117 I, Wendy M. Welfley, Register of Wills in and for the County of Perry, in the Commonwealth of Pennsylvania, DO HEREBY CERTIFY that on the 19th day of July, 2011 LETTERS TESTAMENTARY on the Estate of PAUL C HARTZELL, JR deceased, were granted to Brenda D Hartzell having first been qualified well and truly to administer the same. And I further certify that no revocation of said Letters appears of record in my office. Date of Death March 8, 2011 Given under my hand and seal of office this Social Security No. 206-38-8780 19th day of July, 2011 Register NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL .?,..?? `? , ,,.? `_? i KLINE & SPECTER, P.C. By: Thomas R. Kline, Esquire Andrew S. Youman, Esquire Geary L. Yeisley, Esquire Attorney ID Nos. 28895/65924/205719 1525 Locust Street, 19?h Floor Philadelphia, PA 19102 (215) 772-1000 BRENDA D. HARTZELL, Administratrix of the Estate of PAUL C. HARTZELL, JR., DECEASED 12 Princeton Street Duncannon, Pennsylvania 17020 Plaintiff V. : HOLY SPIRIT HOSPITAL, 503 N. 21St Street Camp Hill, Pennsylvania 17011 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. JURY TRIAL DEMANDED Certificate of Merit as to Defendant, Holy Spirit Hospital I, Geary L. Yeisley, Esquire, certify that: ? [check for individual named defendants] An appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR [check for other licensed professionals who are agents/employees of a defendant] 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 other licensed professionals for whom this defendant is responsible 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 [check for vicarious liability claim] the claim that this defendant deviated from an acceptable professional standard is based on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to 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 harms; OR Ell expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: z Y 1Y JEY, IRE t t KLINE & SPECTER, P.C. By: Thomas R. Kline, Esquire Andrew S. Youman, Esquire Geary L. Yeisley, Esquire Attorney ID Nos. 28895/65924/205719 1525 Locust Street, 19th Floor Philadelphia, PA 19102 (215) 772-1000 Attorneys for Plaintiff BRENDA D. HARTZELL, Administratrix of the Estate of PAUL C. HARTZELL, JR., DECEASED 12 Princeton Street Duncannon, Pennsylvania 17020 Plaintiff V. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. JURY TRIAL DEMANDED HOLY SPIRIT HOSPITAL 503 N. 21St Street Camp Hill, Pennsylvania 17011 Certificate of Merit as to Defendant, Holy Spirit Hospital I, Geary L. Yeisley, Esquire, certify that: [check for individual named defendants] An appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR [check for other licensed professionals who are agents/employees of a defendant] 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 other licensed professionals for whom this defendant is responsible 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 X [check for vicarious liability claim] the claim that this defendant deviated from an acceptable professional standard is based on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to 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 harms; OR D expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: z y ZI Z e A R Y L. VE ISLEY, SQUIRE KLINE & SPECTER, P.C. By: Thomas R. Kline, Esquire Andrew S. Youman, Esquire Geary L. Yeisley, Esquire Attorney ID Nos. 28895/65924/205719 1525 Locust Street, 19th Floor Philadelphia, PA 19102 (215) 772-1000 Attorneys for Plaintiff BRENDA D. HARTZELL, Administratrix of the Estate of PAUL C. HARTZELL, JR_ DECEASED 12 Princeton Street Duncannon, Pennsylvania 17020 Plaintiff V. HOLY SPIRIT HOSPITAL 503 N. 21St Street Camp Hill, Pennsylvania 17011 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. JURY TRIAL DEMANDED Certificate of Merit as to Defendant, Holy Spirit Health System n X I, Geary L. Yeisley, Esquire, certify that: [check for individual named defendants] An appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR [check for other licensed professionals who are agents/employees of a defendant] 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 other licensed professionals for whom this defendant is responsible 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 71 [check for vicarious liability claim] the claim that this defendant deviated from an acceptable professional standard is based on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to 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 harms; OR El expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: y i k2`ARY L. E LEY, ESQUIRE KLINE & SPECTER, P.C. By: Thomas R. Kline, Esquire Andrew S. Youman, Esquire Geary L. Yeisley, Esquire Attorney ID Nos. 28895/65924/205719 1525 Locust Street, 19th Floor Philadelphia, PA 19102 (215) 772-1000 Attorneys for Plaintiff BRENDA D. HARTZELL, Administratrix of the Estate of PAUL C. HARTZELL, JR., DECEASED 12 Princeton Street Duncannon, Pennsylvania 17020 Plaintiff V. HOLY SPIRIT HOSPITAL 503 N. 21St Street Camp Hill, Pennsylvania 17011 : COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. JURY TRIAL DEMANDED Certificate of Merit as to Defendant, Holy Spirit Health System I, Geary L. Yeisley, Esquire, certify that: [check for individual named defendants] An appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR [check for other licensed professionals who are agents/employees of a defendant] 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 other licensed professionals for whom this defendant is responsible 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 g [check for vicarious liability claim] the claim that this defendant deviated from an acceptable professional standard is based on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to 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 harms; OR expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: 1 Y / , G RY L. EISLEY, ES IRE KLINE & SPECTER, P.C. By: Thomas R. Kline, Esquire Andrew S. Youman, Esquire Geary L. Yeisley, Esquire Attorney ID Nos. 28895/65924/205719 1525 Locust Street, 19th Floor Philadelphia, PA 19102 (215) 772-1000 Attorneys for Plaintiff BRENDA D. HARTZELL, Administratrix of the Estate of PAUL C. HARTZELL, JR., DECEASED 12 Princeton Street Duncannon, Pennsylvania 17020 Plaintiff v. HOLY SPIRIT HOSPITAL 503 N. 21s' Street Camp Hill, Pennsylvania 17011 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. JURY TRIAL DEMANDED Certificate of Merit as to Defendant, Sushma Kaushik. M.D. 11 I, Geary L. Yeisley, Esquire, certify that: [check for individual named defendants] An appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR [check for other licensed professionals who are agents/employees of a defendant] 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 other licensed professionals for whom this defendant is responsible 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 [check for vicarious liability claim] the claim that this defendant deviated from an acceptable professional standard is based on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to 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 harms; OR expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: ((?YRY L. SLEY, ESQUIRE , 4 KLINE & SPECTER, P.C. By: Thomas R. Kline, Esquire Andrew S. Youman, Esquire Geary L. Yeisley, Esquire Attorney ID Nos. 28895/65924/205719 1525 Locust Street, 19th Floor Philadelphia, PA 19102 (215) 772-1000 Attorneys for Plaintiff BRENDA D. HARTZELL, Administratrix of the Estate of PAUL C. HARTZELL, JR., DECEASED 12 Princeton Street : Duncannon, Pennsylvania 17020 Plaintiff v. HOLY SPIRIT HOSPITAL 503 N. 21st Street Camp Hill, Pennsylvania 17011 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. JURY TRIAL DEMANDED Certificate of Merit as to Defendant, Jeffrey S. Fugate, D O 1-1 I, Geary L. Yeisley, Esquire, certify that: [check for individual named defendants] An appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR [check for other licensed professionals who are agents/employees of a defendant] 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 other licensed professionals for whom this defendant is responsible 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 [check for vicarious liability claim] the claim that this defendant deviated from an acceptable professional standard is based on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to 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 harms; OR expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: 1.y / ARY L. YEISLEY, ESQUIRE KLINE & SPECTER, P.C. By: Thomas R. Kline, Esquire Andrew S. Youman, Esquire Geary L. Yeisley, Esquire Attorney ID Nos. 28895/65924/205719 1525 Locust Street, 19th Floor Philadelphia, PA 19102 (215) 772-1000 Attorneys for Plaintiff BRENDA D. HARTZELL, Administratrix of the Estate of PAUL C. HARTZELL, JR., DECEASED 12 Princeton Street Duncannon, Pennsylvania 17020 Plaintiff V. HOLY SPIRIT HOSPITAL 503 N. 21st Street Camp Hill, Pennsylvania 17011 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. JURY TRIAL DEMANDED Certificate of Merit as to Defendant, Kerri Mateer, P A -C X G I, Geary L. Yeisley, Esquire, certify that: [check for individual named defendants] An appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR [check for other licensed professionals who are agents/employees of a defendant] t 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 other licensed professionals for whom this defendant is responsible 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 ? [check for vicarious liability claim] the claim that this defendant deviated from an acceptable professional standard is based on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to 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 harms; OR ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: '7 /7--y / L 40-1 le-I G Y L. UIVEY, ESQ IRE KLINE & SPECTER, P.C. By: Thomas R. Kline, Esquire Andrew S. Youman, Esquire Geary L. Yeisley, Esquire Attorney ID Nos. 28895/65924/205719 1525 Locust Street, 19th Floor Philadelphia, PA 19102 (215) 772-1000 Attorneys for Plaintiff BRENDA D. HARTZELL, Administratrix of the Estate of PAUL C. HARTZELL, JR., DECEASED 12 Princeton Street Duncannon, Pennsylvania 17020 Plaintiff V. HOLY SPIRIT HOSPITAL 503 N. 21St Street Camp Hill, Pennsylvania 1701 t COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. JURY TRIAL DEMANDED Certificate of Merit as to Defendant, Ira Sackman, M.D. I, Geary L. Yeisley, Esquire, certify that: 4 [check for individual named defendants] An appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ? [check for other licensed professionals who are agents/employees of a defendant] 11 11? , 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 other licensed professionals for whom this defendant is responsible 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 [check for vicarious liability claim] the claim that this defendant deviated from an acceptable professional standard is based on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to 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 harms; OR ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: Z y , ARY SLEY, QUIRE KLINE & SPECTER, P.C. By: Thomas R. Kline, Esquire Andrew S. Youman, Esquire Geary L. Yeisley, Esquire Attorney ID Nos. 28895/65924/205719 1525 Locust Street, 19`h Floor Philadelphia, PA 19102 (215) 772-1000 BRENDA D. HARTZELL, Administratrix of the Estate of PAUL C. HARTZELL, JR., DECEASED 12 Princeton Street Duncannon, Pennsylvania 17020 Plaintiff v. HOLY SPIRIT HOSPITAL 503 N. 21" Street Camp Hill, Pennsylvania 17011 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. JURY TRIAL DEMANDED Certificate of Merit as to Associated Cardiolocists, P.C. 11 A I, Geary L. Yeisley, Esquire, certify that: [check for individual named defendants] An appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR [check for other licensed professionals who are agents/employees of a defendant] 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 other licensed professionals for whom this defendant is responsible 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 ? [check for vicarious liability claim] the claim that this defendant deviated from an acceptable professional standard is based on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to 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 harms; OR ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: RY ?SLEY, UIRE V M -il KLINE & SPECTER, P.C. By: Thomas R. Kline, Esquire Andrew S. Youman, Esquire Geary L. Yeisley, Esquire Attorney ID Nos. 28895/65924/205719 1525 Locust Street, 19th Floor Philadelphia, PA 19102 (215) 772-1000 Attorneys for Plaintiff BRENDA D. HARTZELL, Administratrix of the Estate of PAUL C. HARTZELL, JR., DECEASED 12 Princeton Street Duncannon, Pennsylvania 17020 Plaintiff V. HOLY SPIRIT HOSPITAL 503 N. 21St Street : Camp Hill, Pennsylvania 17011 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. JURY TRIAL DEMANDED Certificate of Merit as to Associated Cardiolo ists, P.C. I, Geary L. Yeisley, Esquire, certify that: ? [check for individual named defendants] An appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ? [check for other licensed professionals who are agents/employees of a defendant] so ,. d 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 other licensed professionals for whom this defendant is responsible 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 X [check for vicarious liability claim] the claim that this defendant deviated from an acceptable professional standard is based on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to 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 harms; OR expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. " Date: 7 2 `? It AR SLEY, ESQUIRE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRENDA'D. HARTZELL, Administratrix of the Docket No. 12-4665 Estate of PAUL C. HARTZELL, JR., Deceased, Plaintiff CIVIL ACTION - LAW V. HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM, SUSHMA KAUSHIK, M.D., : JEFFREY I S. FUGATE, D.O., KERRI MATEERI PA C, IRA SACKMAN, M.D., ASSOCIATED CARDIOLOGISTS, P.C. Defendants. F "ROTHONOTAR;' L ";11O)21 AM 11: 111 %U1''IBERLAND COUNTY PENNSYLVANIA JURY TRIAL DEMANDED ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Stevens & Lee, P.C., Michael D. Pipa, Esquire and Brandon R. Conrad, Esquire on behalf of Defendants Jeffrey S. Fugate, D.O., Ira Sackman, M.D., and Associated Cardiologists, P.C., and serve all papers at 17 North Second Street, 16th Floor, Harrisburg, Pennsylvania, 17101. STEVENS & LEE Date: ( Z i) ZO (Z e?4 ?Ir? By: Michael D. Pipa, Esq Ur Attorney I.D. No. 53624 Brandon R. Conrad, Esquire Attorney I.D. No. 308249 17 North Second Street, 16th Floor Harrisburg, PA 17101 (717) 255-7376 (610) 371-7743 (facsimile) mdp@stevenslee.com brc@stevenslee.com Counsel for Defendants Jeffrey S. Fugate, D. 0., Ira Sackman, M.D., and Associated Cardiologists, P. C. CERTIFICATE OF SERVICE I, Erika L. Montgomery, an employee of Stevens & Lee, P.C., certify that on this date, I served a certified true and correct copy of the foregoing document upon the following counsel of record, by depositing the same in the United States mail, postage prepaid, addressed as follows: Thomas R. Kline, Esquire Andrew S. Youman, Esquire Geary L. Yeisley, Esquire Kline & Specter, P.C. 1525 Locust Street 19th Floor Philadelphia, PA 19102 Holy Spirit Hospital 503 N. 21St Street Camp Hill, PA 17011 Holy Spirit Health System 503 N. 21St Street Camp Hill, PA 17011 Sushma Kaushik, M.D. c/o Risk Manager 503 N. 21St Street Camp Hill, PA 17011 Kerri Mateer, PA-C 2808 Old Post Road Harrisburg, PA 17110 Date: D 0+a 2 1351650 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: Thomas M. Chairs, Esquire ATTORNEY; I.D. NO. 78565 BY: Aaron Si Jayman, Esquire ATTORNEY; I.D. NO. 85651 Plaza 21, Sui,e 302 425 North 21$t Street Camp Hill, P'1 17011 717-731-4800 (Tele) 888-811-7144(Fax) BRENDA D. HARTZELL, Administratrix of the Estate of PAUL C. HARTZELL, JR., Deceased, Plaintiff V. HOLY SPIRIT HOSPITAL; HOLY SPIRIT EALTH SYSTEM; SUSHMA KAUSH K, M.D.; JEFFREY S. FUGATE, D.O.; K RRI MATEER, PA.-C.; IRA SACKM N, M.D. AND ASSOCIATED CARDIOLOGISTS, P.C., Defendants ATTORNEY FOR: DEFENDANTS HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM AND SUSHMA KAUSHIK, M.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 12-4665 . F CIVIL ACTION - MEDICAL = I;J -- JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Thomas M. Chairs, Esquire and Aaron S..Jayman, F,squire as counsel for Defendants, Holy Spirit Hospital, Holy Spirit Health System and Sushma Kaushik, M.D., in the above-captioned matter. Date: August 17, 2012 Respectfully submitted, DICKIE, MCCAMEY & C COTE, P.C. By: Tho M. Chairs, Esquire Supreme Court I.D. #78565 425 N. 21St Street, Suite 302 Camp Hill, PA 17011-3700 (717) 731-4800 (888) 811-7144 Attorney for Defendants, Holy Spirit Hospital, Holy Spirit Health System and Sushma Kaushik, M. D. CERTIFICATE OF SERVICE AND NOW, August 17, 2012, I, Thomas M. Chairs, 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 Camp Hill, Pennsylvania, addressed as follows: By First-!Class Mail: Thomas R. Kline, Esquire Andrew S. Youman, Esquire Geary L. !,Yeisley, Esquire KLINE SPECTER, P.C. 1525 Locust Street, 19th Floor Philadelphia, PA 19102 (Counsellfor Plaintiff) Jeffrey S; Fugate, D.O. 2808 Old, Post Road Harrisbu>g, PA 17110 Kerry M4teer, Pa-C 2808 010 Post Road Harrisburg, PA 17110 Ira Sackman, M.D. 2808 010 Post Road Harrisburg, PA 17110 Associated Cardiologists, P.C. 2808 Old Post Road Harrisburg, PA 17110 ?r- Thomas . Chairs, Esquire KLINE 4k SPECTER, P.C. By: Thomas R. Kline, Esquire Andrew S. Youman, Esquire Geary L. Yeisley, Esquire Attorney ll) Nos. 28895/65924/205719 1525 Locust Street, 19th Floor Philadel ia, PA 19102 (215) 772-1000 HONJTARY C' ; FR 1. AN 11 CTj4TY Attorneys for Plaintiff BRENDA D. HARTZELL, Adminis*atrix of the Estate of PAUL C? HARTZELL, JR., DECEASED Plaintiff V. HOLY SPIRIT HOSPITAL, ET AL. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 12-4665 JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-captioned matter, attached hereto as Exhibit "A." KLINE & SPECTER, By: Date: 2 ! Zv1 Z Ck# 11y793 jZNa79?5 A Professional Corporation SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ??tt>>l?, rt ?rtiri?rr{ ?b a? Richard W Stewart Solicitor - . ,, ? ?". Brenda D. Hartzell vs. Holy Spirit Hospital (et al.) Case Number 2012-4665 SHERIFF'S RETURN OF SERVICE 08/10/2012 01:10 PM - John Hanner, Deputy Sheriff, who being duly sworn according to law, states that on August 10, 2012 at 1310 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Holy Spirit Hospital, by making known unto Kay Tipton, Legal Coordinator for Holy Spirit Hospital at 503 N. 21 st Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the some time handing to her personally the said true and correct copy of the same. 111:L2 N HA ER, DEPUTY 08/10/2012 01:10 PM - John Hanner, Deputy Sheriff, who being duly sworn according to law, states that on August 10, 2012 at 1310 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Holy Sprit Health Systems, by making known unto Kay Tipton, Legal Coordinator for Holy Spirit Health Systems at 503 N. 21st Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. J HAW&R, DEPUTY 08/10/2012 01:10 PM - John Hanner, Deputy Sheriff, who being duly sworn according to law, states that on August 10, 2012 at 1310 hours, he served a true copy of the within Complaint and Notice, upon the within named defemdant, to wit: Sushma Kaushik, MD, by making known unto Kay Tipton, Legal Coordinator for Holy Spirit; Hospital at 503 N. 21st Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $75.00 August 15, 2012 A?j??2?2? J HAN ,DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF C KLINE & SPECTER, P.C. By: Thomas R. Kline, Esquire Andrew S. Youman, Esquire Geary L. Yeisley, Esquire Attorney ID Nos. 28895/65924/205719 1525 Locust Street, 19~' Floor Philadelphia, PA 19102 (215) 772-1000 ,', Fig: 1'~gTH1~NOTr~ii" 2012 AUG 29 PPi ~ ~ i 3 ~U~~EFt#.AND CaUNTY f'ENNSYLVA-NIA Attorneys for Plaintiff BRENDA D. HARTZELL, Administratrix of the Estate of PAUL C. HARTZELL, JR., DECEASED COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 12-4665 Plaintiff v. HOLY SPIRIT HOSPITAL, ET AL. JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, GEARY L. YEISLEY, ESQUIRE, being duly sworn according to law, depose and that a true and correct copy of Plaintiff s Complaint, which was filed in the Cumberland Court of Common Pleas, on July 26, 2012, was served upon defendant, Holy Spirit Hospital August 10, 2012, by the Sheriff s Deputy of Cumberland County. A true and copy of the Sheriff s Return of Service is attached hereto as Exhibit "A." KLINE & SPECTER, A Professional Corporation BY: 8/27/12 Sworn to and subscribed before me this ~1 `'~`Zlay EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor G4~xr~'cr of i~inttGrr~~hd~ ;:;- =~~. G,7~Fit.E 4^F7F?E $F~.P.IFF Brenda D. Hartzell Case Number vs. Holy Spirit Hospital (et al.) 2012-4665 SHERIFF'S RETURN OF SERVICE 08/10/2012 01:10 PM -John Hanner, Deputy Sheriff, who being duly sworn according to law, states that on Augus 10, 2012 at 1310 hours, he served a true copy of the within Complaint and Notice, upon the within nan defendant, to wit: Holy Spirit Hospital, by making known unto Kay Tipton, Legal Coordinator for Holy S Hospital at 503 N. 21st Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and a the same time handing to her personally the said true and correct copy of the same. 08/10/2012 01:10 PM -John Hanner, Deputy Sheriff, who being duly sworn according to law, states that on Augus 10, 2012 at 1310 hours, he served a true copy of the within Complaint and Notice, upon the within nan defendant, to wit: Holy Sprit Health Systems, by making known unto Kay Tipton, Legal Coordinator for Holy Spirit Health Systems at 503 N. 21st Street, Camp Hill, Cumberland County, Pennsylvania 17011 contents and at the same time handing to her personally the said true and correct copy of the same. DEPUTY 08/10/2012 01:10 PM -John Hanner, Deputy Sheriff, who being duly sworn according to law, states tFrat on August 10, 2012 at 1310 hours, he served a true copy of the within Complaint and Notice, upon the within nam d defendant, to wit: Sushma Kaushik, MD, by making known unto Kay Tipton, Legal Coordinator for Holy Spirit Hospital at 503 N. 21st Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents nd at the same time handing to her personally the said true and correct copy of the same. HAND. D SHERIFF COST: $75.00 August 15, 2012 SO ANSWERS, ! ~l-^-~ R ANDERSON, SHERIFF (c) CounlySuife Sheriff, Teleosott. Inc. KLINE & SPECTER, P.C. By: Thomas R. Kline, Esquire Andrew S. Youman, Esquire Geary L. Yeisley, Esquire Attorney ID Nos. 28895/65924/205719 1525 Locust Street, 19th Floor Philadelphia, PA 19102 (215) 772-1000 t_ l ~' r ~~ . ~ ~~: r~~{~ HC?NQ TAF `~~ x011 aUG 29 PM I: ) 3 ~~M~ERLANQ CaUNTY ~'ENNSYI.VANIA Attorneys for Plaintiff BRENDA D. HARTZELL, Administratrix of the Estate of PAUL C. HARTZELL, JR., DECEASED COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 12-4665 Plaintiff v. HOLY SPIRIT HOSPITAL, ET AL. JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, GEARY L. YEISLEY, ESQUIRE, being duly sworn according to law, depose and that a true and correct copy of Plaintiff s Complaint, which was filed in the Cumberland C Court of Common Pleas, on July 26, 2012, was served upon defendant, Hoty Spirit Health System on August 10, 2012, by the Sheriff's Deputy of Cumberland County. A true and copy ~f the Sheriff s Return of Service is attached hereto as Exhibit "A." KLINE & SPECTER, A Professional Corporation 8/27/ 12 Sworn to and subscribed before me this ~'Nday of August, 201? BY: B~RBARA~.A - _ _ . ~ ~ ~:` ~ Cou~r EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~ti~~xt~r of ~>IC~n~rr/~frs? ~ .# ~> s?~ QFFif:E C1F TFi~ SH~P.IFF Brenda D. Hartzell vs. Holy Spirit Hospital (et al.) Case Number 2012-4665 SHERIFF'S RETURN OF SERVICE 08/10/2012 01:10 PM -John Hanner, Deputy Sheriff, who being duly sworn according to law, states that on August 10, 2012 at 1310 hours, he served a true copy of the within Complaint and Notice, upon the within nam defendant, to wit: Holy Spirit Hospital, by making known unto Kay Tipton, Legal Coordinator for Holy Si Hospital at 503 N. 21st~Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. N 08/10/2012 01:10 PM -John Hanner, Deputy Sheriff, who being duly sworn according to law, states that on Augus 10, 2012 at 1310 hours, he served a true copy of the within Complaint and Notice, upon the within nan defendant, to wit: Holy Sprit Health Systems, by making known unto Kay Tipton, Legal Coordinator for Holy Spirit Health Systems at 503 N. 21st Street, Camp Hill, Cumberland County, Pennsylvania 17011 contents and at the same time handing to her personally the said true and correct copy of the same. DEP 08/10/2012 01:10 PM -John Hanner, Deputy Sheriff, who being duly sworn according to law, states that on August 10, 2012 at 1310 hours, he served a true copy of the within Complaint and Notice, upon the within nam defendant, to wit: Sushma Kaushik, MD, by making known unto Kay Tipton, Legal Coordinator for Holy Spirit Hospital at 503 N. 21st Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents at the same time handing to her personally the said true and correct copy of the same. D SHERIFF COST: $75.00 SO ANSWERS, August 15, 2012 R ANDERSON, SHERIFF Vic) CauntySidte Sheri K, Teleosofl, Inc. r ~ KLINE & SPECTER, P.C. By: Thomas R. Kline, Esquire Andrew S. Youman, Esquire Geary L. Yeisley, Esquire Attorney ID Nos. 28895/65924/205719 1525 Locust Street, 19`h Floor Philadelphia, PA 19102 (215) 772-1000 t.~- TNT ~ ~ H4Mtt~Ati`' 2011 AUG 29 F'M is i 2 cut~~tr~iAr~~ cauNrY P~NNS Y~.vANtA Attorneys for Plaintiff BRENDA D. HARTZELL, Administratrix of the Estate of PAUL C. HARTZELL, JR., DECEASED Plaintiff v. HOLY SPIRIT HOSPITAL, ET AL COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 12-4665 JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, GEARY L. YEISLEY, ESQUIRE, being duly sworn according to law, depose and that a true and correct copy of Plaintiff s Complaint, which was filed in the Cumberland Court of Common Pleas, on July 26, 2012, was served upon defendant, on August 10, 2012, by the Sheriff s Deputy of Cumberland County. A true and copy of the Sheriff s Return of Service is attached hereto as Exhibit "A." BY: KLINE & SPECTER, A Professional Corporation Y L. 71tELSLE 8/27/12 Sworn to and subscribed before me this~l~"day of August, 2012. EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor G~sitistr at ~~tirlGrr~;~~~~ :~;~~ ?~ _~ ~~~: QFFi~£ 4F TW.£ D!?£P.I FF Brenda D. Hartzell vs. Holy Spirit Hospital (et al.) Case Number 2012-4665 SHERIFF'S RETURN OF SERVICE 08/10/2012 01:10 PM -John Hanner, Deputy Sheriff, who being duly sworn according to law, states that on August 10, 2012 at 1310 hours, he served a true copy of the within Complaint and Notice, upon the within nam defendant, to wit: Holy Spirit Hospital, by making known unto Kay Tipton, Legal Coordinator for Holy SF Hospital at 503 N. 21st~Street, Camp Hitl, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. N HA~I~IER, DEPUTY 08/10/2012 01:10 PM -John Hanner, Deputy Sheriff, who being duly sworn according to law, states that on Augus 10, 2012 at 1310 hours, he served a true copy of the within Complaint and Notice, upon the within nan defendant, to wit: Holy Sprit Health Systems, by making known unto Kay Tipton, Legal Coordinator for Holy Spirit Health Systems at 503 N. 21st Street, Camp Hill, Cumberland County, Pennsylvania 17011 contents and at the same time handing to her personally the said true and correct copy of the same. DEPUTY 08/10/2012 01:10 PM -John Hanner, Deputy Sheriff, who being duly sworn according to law, states that on August 10, 2012 at 1310 hours, he served a true copy of the within Complaint and Notice, upon the within nam defendant, to wit: Sushma Kaushik, MD, by making known unto Kay Tipton, Legal Coordinator for Holy Spirit Hospital at 503 N. 21st Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents at the same time handing to her personally the said true and correct copy of the same. HAN(`~2, DE SHERIFF COST: $75.00 August 15, 2012 SO ANSWERS, x ~-`-~ R ANDERSON, SHERIFF c1 CountpSuite Sheri H, Teleosott, Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY + Ronny R Anderson Sheriff I H? t,s{Q Iti y3V?, ?(>-? ral?? Jody S Smith Chief Deputy 212 $EP '6 AM IQ: 13 Richard W Stewart MBLAN COUNTY Solicitor PE NS YLVA N I A Brenda D. Hartzell Case Number vs. 2012-4665 Holy Spirit Hospital (et al.) SHERIFF'S RETURN OF SERVICE 08/10/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Associated Cardiologists, PC, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint and Notice according to law. 08/10/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Jeffrey S. Fugate, DO, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint and Notice according to law. 08/10/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Kerri Mateer, PA-C, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint and Notice according to law. 08/10/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Ira Sackman, MD, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint and Notice according to law. 08/16/2012 Dauphin County Return: And now, August 16, 2012 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Kerri Mateer, PA-C the defendant named in the within Complaint and Notice and that I am unable to find her in the County of Dauphin and therefore return same NOT FOUND. Deputies attempted service at 2808 Old Post Road, Harrisburg, Pennsylvania 17110, but were advised Kerri Mateer, PA-C is no longer associated with Associated Cardiologists, PC. Kerri Mateer is currently practicing with Capitol Cardiovascular Associates at 101 Erford Road, Suite 101, Camp Hill, Pennsylvania 17011. 08/16/2012 02:54 PM - Dauphin County Return: And now August 16, 2012 at 1454 hours 1, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Ira Sackman, MD by making known unto Alice Gerow, Executive Assistant for Associated Cardiologists, PC at 2808 Old Post Road, Harrisburg, Pennsylvania 17110 its contents and at the same time handing to her personally the said true and correct copy',of the same. 08/16/2012 02:54 PM - Dauphin County Return: And now August 16, 2012 at 1454 hours 1, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jeffrey S. Fugate, DO by making known unto Alice Gerow, Executive Assistant for Associated Cardiologists, PC at 2808 Old Post Road, Harrisburg, Pennsylvania 17110 its contents and at the same time handing to her personally the said true and correct copy of the same. 08/16/2012 02:54 PM - Dauphin County Return: And now August 16, 2012 at 1454 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Associated Cardiologists, PC by making known unto Alice Gerow, Executive Assistant for Associated Cardiologists, PC at 2808 Old Post Road, Harrisburg, Pennsylvania 17110 its contents and at the same time handing to her personally the said true and correct copy of the same. (c) CountySuite Sheriff, Teleosoft, Inc. SHERIFF COST: $85.00 August 29, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosatt, Inc. (Otfire rCfthe *4vrr ?f Shelley Ruhl Real Esta e Deputy William T. Tully Solicitor Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax.(717) 255-2889 Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonw0alth of Pennsylvania County of Dauphin BRENDA D. HARTZELL, ADMINISTRATRIX OF THE ESTATE OF PAUL C. HARTZELL, JR, DECEASED VS ASSOCIATED CARDIOLOGISTS, P.C. Sheriff s Return No. 2012-T-2262 OTHER COUNTY NO. 2012-4665 And now: AUGUST 16, 2012 at 2:54:00 PM served the within NOTICE & COMPLAINT upon ASSOCIATED CARDIOLOGISTS, P.C. by personally handing to ALICE GEROW 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 2808 OLD POST ROAD HARRISBURG PA 17110 EXECUTIVE ASSISTANT - PERSON IN CHARGE AT TIME OF SERVICE. Sworn and subscribed to before me this 20TH day of August, 2012 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M ommission Expires August 17, 2014 So Answers, k /C- Sheriff of I)43bi+% ( By ??40T' Deputy Sheriff Deputy: W CONWAY Sheriffs Costs: $105 8/15/2012 W tfirt "' C ;:S111 cri M Shelley? Ruhl U .•? Jack Duignan f D Real Es , Deputy eputy °"?"• Chie William T. Tully Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717)255-2889 Jack Lotwick Sheriff BRENDA D. HARTZELL, Commonw@alth of Pennsylvania ADMINISTRATRIX OF THE ESTATE OF PAUL C. HARTZELL, JR, DECEASED VS County of Dauphin ASSOCIATED CARDIOLOGISTS, P.C. Sheriff s Return No. 2012-T-2262 OTHER COUNTY NO. 2012-4665 And now: AUGUST 16, 2012 at 2:54:00 PM served the within NOTICE & COMPLAINT upon IRA SACKMAN M.D. by personally handing to ALICE GEROW 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 2808 OLD POST ROAD HARRISBURG PA 17110 EXECUTIVE ASSISTANT - PERSON IN CHARGE AT TIME OF SERVICE. Sworn and subscribed to before me this 20TH day of August, 2012 -)P? So Answers, ?, Sheriff of Dd*bin ByfZZA!!tr /•' COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17, 2014 Dejuty Sheriff Deputy: W CONWAY Sheriffs Costs: $105 8/15/2012 of the'*4cr"f t _f Shelley Ruhl Real Esta e Deputy William T. Tully Solicitor Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Duppan Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin BRENDA D. HARTZELL, ADMINISTRATRIX OF THE ESTATE OF PAUL C. HARTZELL, JR, DECEASED VS ASSOCIATED CARDIOLOGISTS, P.C. Sheriff s Return No. 2012-T-2262 OTHER COUNTY NO. 2012-4665 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for KERRI MATEER, P.A.-C. the DEFENDANT named in the within NOTICE & COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, AUGUST 16, 2012. DEFENDANT IS NO LONGER ASSOCIATED WITH ASSOCIATED CARDIOLOGISTS, P.C., 2808 OLD POST ROAD, HARRISBURG, PA 17110. THE DEFENDANT IS CURRENTLY WITH CAPITOL CARDIOVASCULAR ASSOCIATES AT ADDRESS 101 ERFORD ROAD, SUITE 101, CAMP HILL, PA 17011. Sworn and subscribed to before me this 20TH day of August, 2012 -)P? Z COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17, 2014 So Answers, ka Sheriff of DeObhin ( Deputy Sheriff Deputy: W CONWAY Sheriffs Costs: $105 8/15/2012 a s . { t ?E f T Shelley Ruhl Real Esta e Deputy William T. Tully Solicitor Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph:(717) 780-6590 fax'.(717)255-2889 Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin BRENDA D. HARTZELL, ADMINISTRATRIX OF THE ESTATE OF PAUL C. HARTZELL, JR, DECEASED VS ASSOCIATED CARDIOLOGISTS, P.C. Sheriff s Return No. 2012-T-2262 OTHER COUNTY NO. 2012-4665 And now: AUGUST 16, 2012 at 2:54:00 PM served the within NOTICE & COMPLAINT upon JEFFREY S FUGATE, D.O. by personally handing to ALICE GEROW 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 2808 OLD POST ROAD HARRISBURG PA 17110 EXECUTIVE ASSISTANT - PERSON IN CHARGE AT TIME OF SERVICE. Sworn and subscribed to before me this 20TH day of August, 2012 -)P*2 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17, 2014 So Answers, le i- Sheriff of Deputy Sheriff Deputy: W CONWAY Sheriffs Costs: $105 8/15/2012 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRENDA U. HART~ELL, Administratrix of the Docket No. ] 2-4665 Estate of F'AUL C. HARTZELL, JR., Deceased, - . Plaintiff CIVIL ACTION -LAW ~ - ~~ v. JiJRY TRIAL DEMANDED- . -- ;` HOLY SP[KIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM, SUSHMA KAUSHIK, M.D., JEFFREY S. FUGATE, D.O., KERRI MATTER. PA-C, IRA SACKMAN, M.D., ASSOCIATED CARL)IOLOGISTS, P.C. Defendants. NOTICE TO PLEAD TO NEW MATTER TO: Brenda D. Hartzell c/o "Thomas R Kline, Esquire Gary L. Yeisley, Esquire Kline & Specter, P.C. 1525 Locust Street, 19th Floor Philadelphia, PA 19102 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 yau. Dated: November 2, 2012 STEVENS tic LEE P. . , ~ J Michael D. Pipa, uire Attorney I.D. No. 53624 Brandon R. Conrad, Esquire Attorney I.D. No. 308249 17 North Second Street, 16th Floor Harrisburg, PA 17101. (717) 255-7376 (610) 371-7743 (facsimile) mdp@,stevenslee.com Counsel for Defendants .Ieffrey S. Fugate, 1~. O., Ira Sackman, M. D., and Associated Cardiologists, P. C. SL l I 193261 v l 0~1 l 199.00643 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRENDA D. HARTZELL, Administratrix of the Docket No. 12:-4665 Estate of F'AUL G HARTZELL, JR., Deceased, Plaintiff CIVIL ACTION -LAW v. JiJRY TRIAL DEMANDED HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM, SUSHMA KAUSHIK, M.D., JEFFREY S. FUGATE, D.O., KERRI MATEER, PA-C, IRA. SACKMAN, M.D., ASSOCIATED CARDIOLOGISTS, I'.C. Defendants. ANSWER WITH NEW MATT>H;R OF DEFENDANTS, JEFFREY S. FUCfiATE, D.O., IRA SACKMAN, M.D., AND ASSOCIATED CARDIOLOGISTS, P.C. AND NOW, come Defendants, Jeffrey S. Fugate, D.O., Ira Sackman, M.D., and Associated Cardiologists, P.C. ("Answering Defendants"), by and through their counsel, Stevens & Lee, to answer the Complaint of Plaintiff, Brenda D. Hartzell, Administratrix of the Estate of Paul C. Hartzell, Jr., and aver the following in support thereof: 1. -4. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of these paragraphs and the same are, therefore, denied. 5. Denied. The averments of this paragraph contain legal conclusions to which no responsive pleading is required and the same are, therefore, denied. 6 -9. Denied. The averments of these paragraphs are directed to a defendant other than Answering Defendants and the same are, therefore, denied. SL I 119261 v 111=11 ] 99.OQ643 10. Admitted in part and denied in part. It is admitted that Dr. Fugate is a duly licensed physician practicing in the Commonwealth of Pennsylvania with an office at ?808 Old Post Road. It is admitted that a malpractice claim has been asserted against him and. a Certificate of Merit is attached to the Complaint. It is specifically denied that Dr. Fugate deviated from the applicable standard of care. 1 1. Denied. The averments of this paragraph. are directed to a defendant other than Answering Defendants and the same are, therefore, denied. 12. Admitted in part and denied in part. It is admitted that Dr. Backman is a duly licensed physician practicing in the Commonwealth of Pennsylvania with an office a.t 2805 Old Post Road.. It is admitted that a malpractice claim has been asserted against him and a Certificate of Merit is attached to the Complaint. It is specifically denied that Dr, Sackman deviated from the applicable standard of care. 13. Admitted in part and denied in part. It is admitted that Associated Cardiologists operates as '?808 Old Post Road. It is admitted that a malpractice claim has been asserted against it and a Certificate of Merit is attached to the Complaint. It is specifically denied that ar7y employees or agents of Associated Cardiologists deviated from the applicable standard of care. l 4. - l 6. Admitted in part and denied in part. It is admitted that Dr. Sac;kman and Dr. Fugate were employed by Associated Cardiologists. 'The remaining averments c>fthese paragraphs are denied generally pursuant to Pa. R.C.P. 1029(e). 17. -21. Denied. The averments of these paragraphs contain legal and medical conclusions to which no responsive pleading is required and the same are, therefore, denied. By way of further answer, it is specificall}~ denied that Answering Defendants deviated. from thf; S L l 1 193261 v l od 1 199.00643 applicable standard of care or caused any harm. Rather, all care provided by Answ~;ring Defendants was within the standard of care. To the extent a responsive pleading is deemed required, the averments of these paragraphs are denied generally pursuant to Pa.R.C".P. ] 029(e). 22. -34. Denied. The averments of these paragraphs reference care before the involvement of Answering Defendants and the same are, therefore, denied. 35. - 44. Admitted in part and denied in part. The averments of these paragraphs appear to reference information contained in the medical. records which, being in writing, speak for themselves. To the extent Plaintiff accurately references the medical records, they are admitted. To the extent Plaintiff s references are inaccurate or a misrepresentation, thev are denied. -~~. Denied. The averments of this paragraph contain legal and medical conclusions to which n~o responsive pleading is required. By way of further answer, it is speci~7cally denied that Answering Defendants deviated from the applicable standard of care or caused any harm. Rather, all care provided by Answering Defendants was within the standard of care. To the extent a responsive pleading is deemed required, the averments of these paragraphs axe denied generally pursuant to I'a.R.C.P. 1029(e). 46. - 52. Admitted in part and denied in part. The averments of these paragraphs appear to reference information contained in the medical records which, being in writing, speak for themselves. To the extent Plaintiff accurately references the medical records, they are admitted. To the extent Plaintiff s references are inaccurate or a misrepresentation., 1:hey are denied.. SL, l I 193261 v l Od 1199.OOE43 53. -54. Denied. The averments of these paragraphs contain legal and medical conclusions to which no responsive pleading is required. By way of further answer, it is specifically denied that Answering Defendants deviated from the applicable standard of care or caused any harm. Rather, all care provided by Answering Defendants was withirA t:he standard of care. 'lo the extent a responsive pleading is deemed required, the averments of these. paragraphs are denied generally pursuant to Pa.F;.C.P. 1029(e). ~5. - 79. Admitted in part. and denied in part. The averments of these paragraphs appear to reference information contained in the medical records which, being in writing, speak for themsf_]ves. To the extent Plaintiff accurately references the medical records, they ~rre admitted. To the extent Plaintiff's references are inaccurate or a misrepresentation, they are denied. 80. -93. L)enied. The averments of these paragraphs contain legal and medical conclusions to which :no responsive pleading is required. By way of further answer.. it is specifically denied that Answering Defendants deviated from the applicable standard of care or caused any harm. Rather, all care provided by Answering Defendants was within the standard of care. To the extent a responsive pleading is deemed required, the averments of these paragraphs are denied generally pursuant to Pa.R.C.P. 1029(e). COUNT I -NEGLIGENCE Plaintiff v. Defendants, Dr. Kaushik, Holy Spirit, and HSHS 94. The foregoing paragraphs are incorporated herein b_y reference as if set: forth fully at length. SL 1 ] 19 ti261 v ! 041 199.00643 95. - 98. The averments of these paragraphs and subparagraphs are directed to Defendah~ts other than Answering Defendants and are, therefore, denied. WHEREFORE, Defendants, Jeffrey S. Fugate, D.O.. Ira Sackman, M.D.., and Associated Cardiologists, P.C., request that this Honorable Court enter judgment in their favor and against Plaintiff; Brenda D. Hart~.rell, Administratrix of the Estate of Paul C. Hartzell, Jr., with costs assessed to Plaintiff. COUNT II -NEGLIGENCE Plaintiff v. Defendants, Dr. Fugate, Associated Cardiologists, Holy Spirit, and HSHS 99. The foregoing paragraphs are incorporated herein by reference as if set forth fully at length. 100. -103. Denied. The averments of these paragraphs and subparagraphs contain legal conclusions to which no responsive pleading is required. By way of further answer, it is specifically denied that Dr. Fugate deviated from the applicable standard of care or caused any harm. Rather, all care provided by Dr. Fugate was within the standard of care. To the extent a responsive pleading is deemed required, the averments of these paragraphs are denied generally pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendants, Jeffrey S. Fugate, D.O., Ira Sackman, M.D.. and Associated Cardiologists, P.C., request that this Honorable Court enter judgment iri their favor and against Plaintiff, Brenda D. Hartzell, Administratrix of the Estate of Paul G. Hartzell, Jr., with costs assessed to Plaintiff. SL I 1 191261 v l 041 199.00643 COUNT III -NEGLIGENCE Plaintiff v. Defendants, Dr. Sackman, Associated Cardiologists, Holy Spirit, and HSHS 104. The foregoing paragraphs are incorporated herein by reference as if set forth fully at length. 1 O5. -108. Denied. The averments of these paragraphs and subparagraphs contain legal conclusions to which no responsive pleading is required. I3y way of further answer, it is specifcally denied that Dr. Sackman deviated from the applicable standard of care or caused any harm. Rather, all care provided by Dr. Sackman was within the standard of care. T'o the extent a responsive pleading is deemed required, the averments of these paragraphs are denied generally pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendants, Jeffrey S. Fugate. D.O., Ira Sackman, M.D.. and Associated Cardiologists, P.C., request that this Honorable Court enter judgment in their favor and against Plaintiff, Brenda D. Hartzell, Administratrix of the Estate of Paul C. I-lartzell, Jr., with costs assessed to Plaintiff. COUNT IV -NEGLIGENCE Plaintiff v. Defendants, Ms. Mateer, Associated Cardiologists, Holy Spirit, and HSHS 109. The foregoing paragraphs are incorporated herein by reference as if set forth fully at length. 1 10. -113. Denied. The averments of these paragraphs and subparagraphs contain legal conch~sions to which no responsive pleading is required. By way of further answer, it is specifically denied that PA- Mateer deviated from the applicable standard of care or caused any harm. Rather. all care provided by PA-Mateer was within the standard of care. To the extent a SLI 119;261v1 k)41199.0064~~~ responsive pleading .is deemed required, the averments of these paragraphs are denied generally pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendants, Jeffrey S. Fugate, D.O., Ira Sackman, M.D., and Associated Cardiologists, P.C., request that this Honorable Court enter judgment in their favor and against Plaintiff, Brenda D. Hartzell, Administratrix of the Estate of Paul C. Hartzell, Jr., with costs assessed to Plaintiff. COUNT V -NEGLIGENCE Plaintiff v. Defendants, Associated Cardiologists, Holy Spirit, and HSHS, for their Employees and/or Agents 1 14. The foregoing paragraphs are incorporated herein by reference as if set forth fully at length. l 15. -118. Denied. The averments of these paragraphs and subparagraphs contain legal conclusions to which no responsive pleading is required. By way of further answer, it is specifically denied that employees or agents of Associated Cardiologists deviated from the applicable standard of care or caused any harm. Rather, all care provided by employees or agents of ~~ssociated Cardiologists was within the standard of care. To the extent a responsive pleading is deemed required, the averments of these paragraphs are denied generally pursuant to Pa.RC.P. I U29(e). WHEREFORE, Defendants, Jeffrey S. Fugate, D.O., lira Sackman, M.D.,, and Associated Cardiologists, P.C., request that this Honorable Court enter judgment in their favor and against Plaintiff, Brenda D. Hartzell, Administratrix of the Estate ofPaul C. Hartzell, Jr., with costs assessed to Plaintiff. SLl 1 19 ;261 v l 041 199.0064.9 _ - - FIRST CAUSE OF ACTION -WRONGFUL DEATH ACTION Plaintiff v. All Defendants 119. The foregoing paragraphs are incorporated herein by reference as if'set forth fully at length. l 20. -124. Denied. The averments of these paragraphs and subparagraphs contain legal conclusions to which no responsive pleading is required. By way of further answer, it is specifically denied that Answering Defendants deviated from the applicable standard of care or caused any harm. Rather, all care provided by employees or agents of Answering Defendants was within the standard of care. To the extent a responsive pleading is deemed required, the averments of these paragraphs are denied generally pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendants, Jeffrey S. Fugate, D.O., Ira Sackman, M. D.. and Associated Cardiologists, P.C., request that this Honorable Court enter judgment in their favor and against Plaintiff, Brenda D. Hartsell, Administratrix of the Estate of Paul C. Hartzell, Jr., with costs assessed to Plaintiff. SECOND CAUSE OF ACTION -WRONGFUL DEATH ACTI N Plaintiff v. All Defendants 125. The foregoing paragraphs are incorporated herein by reference as if set forth fully at length. 126. -129. Denied. The awerments of these paragraphs and subparagraphs contain legal conclusions to which no responsive pleading is required. By way of further answer, it is specifically denied that Answering Defendants deviated from the applicable standard of care or caused any harm. Rather, all care provided by employees or agents of Answering Defendants SL I 1 193261 ~-1 041 199.00643 was .within the standard of care. To the extent a responsive pleading is deemed required, the averments of these paragraphs are denied generally pursuant to Pa.R.~C.P. l 029(e ). WHEREFORE, Defendants, Jeffrey S. Fugate, D.O., Ira Sackman, M.D., and Associated Cardiologists, P.C., request that this Honorable Court enter judgment in their favor and against Plaintiff. Brenda D. Hartzell, Administratrix of the Estate of Paul C. Hartzell, Jr., with costs assessed to Plaintiff: NEW MATTER l 27. The foregoing paragraphs are incorporated herein by reference as i f~ set forth fully at length. 128. Plaintiff has failed to state a claim upon which relief may be granted. 129. No conduct on the part of Answering Defendants was a substantial factor in causing o~° contributing to Plaintiff s or Plaintiff's Decedent's alleged injuries. 130. If Plaintiff suffered any damages, the damages were caused by th.e conduct of others over whom Answering Defendants had no control or right of control. 13l . Plaintiff's and Plaintiff's Decedent's alleged injuries were the result of superseding and/or intervening causes. 132. Plaintiff's claims are barred in whole or in part by the applicable statute of limitations. 133. Plaintiff s claims are barred in whole or reduced in part by the application of the doctrine of assumption of risk, comparative negligence, and/or contributory negligence. 134. At al]'_ relevant times, the care and treatment provided by Answering; Defendants were c:omrnensurate with the applicable standard of care. SL 1 1193261 ~r i 041 199.00643 r - - -- 135. Plaintiffs damages were the result of the underlying medical hi story of Paul C. Hartzell, .f r. 136. Answering Defendants raise all defenses, limitations on damages, and immunities available under the MCARE Act. WHEREFORE, Defendants, Jeffrey S. Fugate, D.O., Ira Sackman, M.D., and Associated Cardiologists, P.C., request that this Honorable Court enter judgment in their favor and against Plaintiff, Brenda D. Hartzell, Administratrix of the Estate of Paul C. FIartzell, Jr., with costs assessed to Plaintiff. Respectfully Submitted, STEVENS & LEE r~ Date: November 2, 2012 By: ~~ dczt~. _____ Michael D. Pipa, squire Attorney LD. No. 53624 Brandon R. Conrad, Esquire Attorney I.D. No. 308249 17 North Second Street, 16th Floar Harrisburg, PA 1.7101 (717) 255-7376 (610) 371-7743 (facsimile) mdp@stevenslee.com brc@stevenslee.com Counsel for Defendants .Ieffrey S. F'ugciCe, D.O., Ira Sackman, M. D., and Associated Cardiologists, P. C. SL I 1 143261 ~~ ] 041 199.00643 VERIFICATION I, Ira Backman, M.D.., a defendant in this matter, being duly a~rrned according to Iaw, depose and say that the facts set forth in the foregoing Answer with New Matter, are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. 4904, relating to vnsworn falsification to authorities. Dated: !` ~ SL1 I193261v1 a41199.00643~ 2012 ~c~ _~~~% Ira Backman, M.D. -- 13 VERIFICATION I, Jeffrey S. Fugate, D.O., a defendant in this matter, being duly affirmed according to law, depose and say that the facts set forth in the foregoing Answer with New Matter, are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. X904, relating to unsworn falsification to authorities. ;, Jeffrey S.1~ugate; D.O. i Dated: • ' ; ~ ~ 1 .2012 SL1 ll93261v1 041199.00643 CERTIFICATE OF SERVICE L Erika L. Montgomery, an employee of Stevens & Lee, P.C., certify that on this date, I served a certified true and correct copy of the foregoing Answer with New Matter t~_~ Plaintiff's Complaint upon the following counsel of record, by depositing the same in the United States mail. postage prepaid, addressed as follows: 7f homas R. Kline, Esquire (teary L. Yeisley, Esquire Kline & Specter, P.C. 1525 Locust Street, 19th Floor Philadelphia, PA 19102 Thomas M. Chairs, F?squire Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17 011 Craig A. Stone, Esquire Melissa L. Kelso, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 C~~ ---- Date; November 2, 2012 ~ ~ t 14 SLR 1 193261 v 1 041 199.00643 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA P..., - ..: BRENDA D. HARTZELL, Administratrix of the Docket No. 12-4665 ' =. ;~, Estate of PAUL C. HARTZELL, JR., Deceased, -`~-,,~~ ;~ `' Plaintiff CIVIL ACTION -LAW =~-y- ~'° '~,~~ ~ v. JURY TRIAL DEMANDED ~ ~. ~ -.'w ~,., _4. ~.._ :~ c-~ _. • y Gti ~ cY:~ ~ -c . HOLY SPIRIT HOSPITAL, HOLY SPIRIT .p. ~: ~~ ;-~' HEALTH SYSTEM, SUSHMA KAUSHIK, M.D., : --j_ r~ JEFFREY S. FUGATE, D.O., KERRI MATEER, PA-C, IRA SACKMAN, M.D., ASSOCIATED CARDIOLOGISTS, P.C. Defendants. STIPULATION OF COUNSEL TO AMEND THE ANSWER OF DEFENpANTS, JEFFREY S. FUGATE, D.O., IRA SACKMAN, M.D.. AND ASSOCIATED CARDIOLOGISTS, P.C., TO PLAINTIFF'S COMPLAINT Defendants, Jeffrey S. Fugate, D.O., Ira Sackman, M.D., and Associated Cardiologists, P.C., and Plaintiff, Brenda D. Hartzell, by and through their counsel, hereby agree and stipulate to amend the Answer of Defendants, Jeffrey S. Fugate, D.O., Ira Sackman, M.D., and Associated Cardiologists, P.C., to Plaintiff's Complaint as follows: Defendants incorporate by reference their Answer with New Matter to the Complaint of Plaintiff as if set forth fully at length. 14. -16. Admitted in part and denied in part. It is admitted that Dr. Sackman, Dr. Fugate, and Kerri Mateer, PA-C, were employed by Associated Cardiologists. The remaining averments of these paragraphs are denied generally pursuant to Pa. R.C.P. 1029(e). S L l 1201683 v 1 041199.00643 Date: November ~, 2012 Date: November ~ 2012 SLl 1201b83vi 04tI99,00643 By: Michael D. Pipa, uire Attorney I.D. No. 53624 Brandon R. Conrad, Esquire Attorney T.D. No. 308249 17 North Second Street, 16th Floor Harrisburg, PA 17101 Counsel. for Defendants Jeffrey S. Fugate, D.O., Ira Sackman, M.D., and Associated Cardiologists, P. C. By: G ly . Ye' ley, E quir ~ K ne Spec e , ~/ 1 S Locust Street, 19th Floor Philadelphia, PA 19102 Counsel for Plaints 1?. Brenda Hartzell 2 CERTIFICATE OF SERVICE I, Erika L. Montgomery, an employee of Stevens & Lee, P.C., certify that on this date, I served a certified true and correct copy of the foregoing Stipulation to Amend the Answer of Defendants, Jeffrey S. Fugate, D.O., Ira Sackman, M.D., and Associated Cardiologists, P.C., upon the following counsel of record, by depositing the same in the United States mail, postage prepaid, addressed as follows: Thomas R. Kline, Esquire Geary L. Yeisley, Esquire Kline & Specter, P.C. 1525 Locust Street, 19th Floor Philadelphia, PA 19102 Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 Craig A. Stone, Esquire Melissa L. Kelso, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Date: November 19, 2012 3 SL 1 1201683v 1 041199.00643 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN ''D rf1x 0-I Craig A.I.D. 1 5907 Stone, Esquire �� r• 14 100 Corporate Center Drive, Suite 2011Ct Camp Hill, PA 17011 Telephone: (717) 651-3502 Attorneys for Defendant, Kerri Mateer, PA-C BRENDA D. HARTZELL, Administratrix of IN THE COURT OF COMMON PLEAS OF the Estate of PAUL C. HARTZELL, JR., : CUMBERLAND COUNTY, PENNSYLVANIA Deceased, Plaintiff NO. 12-4665 V. CIVIL ACTION - LAW HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM, SUSHMA KAUSHIK, : JURY TRIAL DEMANDED M.D., JEFFREY S FUGATE, D.O., KERRI MATEER, PA-C, IRA SACKMAN, M.D. and ASSOCIATED CARDIOLOGISTS, P.C., Defendants PRAECIPE FOR CHANGE OF ADDRESS TO THE PROTHONOTARY: Please note the change of address of counsel for Defendant, Kerri Mateer, PA-C from 4200 Crums Mill Road, Suite B, Harrisburg, PA 17112 to: Marshall, Dennehey, Warner, Coleman&Goggin 100 Corporate Center Drive, Suite 201 Camp Hill,PA 17011 MARSHAL E EY, WARNER COLEMA G BY: Date: November 19 2013 Craig A. to e, Esquire CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document has been served upon the following known counsel and parties of record this 19`" day of November, 2013, via United States First-Class Mail, postage prepaid: Thomas R. Kline, Esquire Thomas M. Chairs, Esquire Kline & Specter Dickie McCamey & Chilcote, P.C. 1525 Locust Street 425 N. 21st Street, Suite 302 19th Floor Camp Hill, PA 1701 1-3700 Harrisburg, PA 19102 Michael D. Pipa, Esquire Brandon R. Conrad, Esquire Stevens & Lee 17 North Second Street, 16th Floor Harrisburg, PA 17101 MARSHAL EHEY, WARNER COLEMA & GIN BY: Craig 05/1134274.v 1 KLINE & SPECTER,P.C. , hon o By: Thomas R. Kline,Esquire 2 0 14 jI i 22 Andrew S. Youman, Esquire 'i i i(: v Geary L.Yeisley,Esquire y L8:t5 j„ f��� Attorney ID Nos. 28895/65924/205719 PEN,!$Y�1/ COLN 1'� 1525 Locust Street, 19th Floor p' C Philadelphia, PA 19102 (215)772-1000 Attorneys for Plaintiff BRENDA D. HARTZELL, • COURT OF COMMON PLEAS Administratrix of the Estate of CUMBERLAND COUNTY PAUL C. HARTZELL,JR., DECEASED DOCKET NO. 12-4665 • Plaintiff • v. • • JURY TRIAL DEMANDED HOLY SPIRIT HOSPITAL, ET AL. • PLAINTIFF'S MOTION FOR DISCOVERY MANAGEMENT ORDER Plaintiff, by and through the undersigned counsel, Kline & Specter, A Professional Corporation, hereby request that this Honorable Court enter the enclosed Discovery Management Order. In support thereof, aver as follows: 1. This medical malpractice action arises out of the failure to properly and timely treat Plaintiff's Decedent, Paul C. Hartzell, Jr. 2. Plaintiff filed a Complaint in the above captioned matter on July 26, 2012. 3. All Defendants have filed an answer to the Complaint. 4. All parties have served written discovery requests. 5. All parties are in Agreement with the enclosed proposed Discovery Management Order. OS WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter the proposed discovery management order in this case. KLINE & SPECTER A Professional Corporation By: Y M S R. LINE, • IRE itDR . YOUM• '∎ ESQUIRE EARY ISLEY, ESQUIRE Attorneys for Plaintiff Date: 11q CERTIFICATE OF SERVICE I, GEARY L. YEISLEY, counsel for Plaintiff herein, hereby certify that a true and correct copy of Plaintiff's Motion for a Discovery Management Order was served first class mail, postage prepaid, addressed as follows: Michael D. Pipa, Esquire Stevens & Lee 17 North Second Street, 16th Floor mdp(&stevenslee.com Counsel for Defendants,Jeffrey S. Fugate,D.O., Ira Sackman, M.D., and Associated Cardiologists, P.C. Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 tchairs(a&dmclaw.com Counsel for Defendants, Holy Spirit Hospital,Holy Spirit Health System, and Sushma Kaushik, M.D. Craig A. Stone, Esquire Marshall Dennehey Warner Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: castone(&mdwcg.com Attorney for Defendant,Kerri Mateer,PA-C KLINE & SPECTER A Professional Corporation By: ,-0 O • ' . KLINE - .QUIRE D' S. YOU ' •4 , ESQUIRE GE• ' EISLEY, ESQUIRE Attorneys for Plaintiff Date: 1 ' ' /r a i tLEO�y'tOFFICt: KLINE & SPECTER,P.C. By: Thomas R. Kline, Esquire 2014 JAN 24 FM 2. 50 Andrew S. Youman, Esquire Geary L. Yeisley, Esquire CUM80tLAND COUNTY Attorney ID Nos. 28895/65924/205719 PENNSYLVANIA 1525 Locust Street, 19"'Floor Philadelphia, PA 19102 (215)772-1000 Attorneys for Plaintiff BRENDA D. HARTZELL, COURT OF COMMON PLEAS Administratrix of the Estate of CUMBERLAND COUNTY PAUL C. HARTZELL,JR., DECEASED DOCKET NO. 12-4665 Plaintiff V. JURY TRIAL DEMANDED HOLY SPIRIT HOSPITAL, ET AL. DISCOVERY MANAGEMENT ORDER AND NOW, this day of �,,� w`✓►li 6c✓ y ,2013 upon agreement of the parties, the following Order is entered: 1. Discovery to be completed by May 1, 2014 2. Plaintiff's expert reports shall be due by June 15,2014 3. Defendants' expert reports shall be due by August 15, 2014 4. Replies to expert reports shall be due by September 15, 2014 5. All dispositive motions are to be filed by October 1, 2014 6. All responses to any dispositive motions shall be filed by October 20, 2014 7. This case is to be placed on the Trial List by the signing of a Trial Praecipe, if there are no diapositive motions by October 1, 2014 8. In the event there are dispositive motions,the case is to be placed on the Trial List by the signing of a Trial Praecipe within ten(10)days after said dispositive motions are decided. BY THE COURT: J. C. /P� 1/1(y ` :T ' M >S KLINE & SPECTER, P.C. '. By: Thomas R. Kline, Esquire Andrew S. Youman, Esquire Geary L. Yeisley, Esquire .1 i 5 Attorney .i- ID Nos. 28895/65924/205719 1525 Locust Street, 19th Floor Philadelphia, PA 19102 (215) 772-1000 Attorneys for Plaintiff BRENDA D. HARTZELL, COURT OF COMMON PLEAS Administratrix of the Estate of CUMBERLAND COUNTY PAUL C. HARTZELL, JR., DECEASED . DOCKET NO. 12-4665 Plaintiff • v. JURY TRIAL DEMANDED HOLY SPIRIT HOSPITAL, ET AL. PLAINTIFF'S (1) MOTION TO COMPEL HOLY SPIRIT HEALTH SYSTEM TO PROVIDE RESPONSES TO PLAINTIFF'S DISCOVERY DATED OCTOVER 19, 2012; (2) MOTION TO COMPEL HOLY SPIRIT HOSPITAL TO PROVIDE SUBSTANTIVE ANSWERS TO PLAINTIFF'S DISCOVERY DATED OCTOBER 19,2012; AND (3) MOTION TO COMPEL DEPOSITIONS OF DR. PATEL AND MS. SNYDER Plaintiff, Brenda C. Hartzell, Administrators of the Estate of Paul C. Hartzell, deceased, by and through her undersigned counsel, Kline & Specter, P.C., A Professional Corporation, hereby request that this Honorable Court enter the attached Order. In support thereof, Plaintiff avers as follows: A. Motion to Compel Holy Spirit Health System to Provide Responses to Plaintiff s Initial Interrogatories and Request for Production of Documents 1. This is a professional liability medical negligence case instituted by the filing of a Complaint on July 26, 2012. 1 2. Plaintiff served on Defendant, Holy Spirit Health System ["HSHS"], Interrogatories and Request for Production of Documents dated October 19, 2012. See letter and discovery dated October 19, 2012, attached hereto as Exhibit"A." 3. On December 19, 2102, counsel for Plaintiff wrote to counsel for Defendant HSHS and advised that their Responses to Plaintiff's Discovery were overdue. See letter dated December 19,2012, attached hereto as Exhibit"B." 4. On January 7, 2013, counsel for Plaintiff again wrote to counsel for Defendant, HSHS S advisin that their Responses to Plaintiff's Discovery were overdue and that Plaintiff would file a Motion to Compel if Plaintiff did not receive the answers to discovery. See letter dated January 7,2013 as Exhibit"C." 5. On March 29, 2013, counsel for Plaintiff spoke directly with counsel for Defendant, HSHS regarding outstanding discovery. See email documenting said conversatio' attached hereto dated March 29, 2013, as Exhibit"D." 6. On April 15, 2013 and April 22, 2013, counsel for Plaintiff emailed counsel Defendant HSHS requesting the outstanding discovery responses. See email dated Apr 2013 and April 22, 2013 as Exhibit"E." 7. On June 6, 2013, counsel for Plaintiff emailed counsel for Defendar advising them that Plaintiff still had not received discovery responses from Holy Sc System. See email dated June 6, 2013 as Exhibit"F." 8. On June 6, 2013, counsel for Plaintiff sent a letter dated June 6, 2 that Holy Spirit Health System's discovery responses were long overdue Defendant's outstanding Responses to said discovery to avoid the necessity of fil Compel. See letter dated June 6, 2013 as Exhibit"G." 2 r 9. Again on November 13, 2013, counsel for Plaintiff wrote to counsel for Defendant HSHS advising that their discovery responses are long overdue and requested outstanding Responses to said discovery to avoid necessity of filing a Motion to Compel. See letter dated November 13, 2013 as Exhibit"H." 10. On December 13, 2013, counsel for Plaintiff spoke directly to counsel for Defendants HSHS. See email dated December 13, 2013 documenting said conversation attached hereto as Exhibit"I." 11. Again on January 6, 2014, counsel for Plaintiff emailed counsel for Defendant HSHS advising that if they did not receive answers within 10 days we would be filing a Motion to Compel. See email dated January 6, 2014 as Exhibit"J." 12. As of the time of the filing of the instant Motion, counsel for Defendant HSHS has failed to provide Responses to Plaintiff's Interrogatories and Request for Production of Documents dated October 19, 2012. 13. Pennsylvania Rule of Civil Procedure 4003.1 states in relevant part that a "party may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action." Pa.R.C.P. No. 4003.1(a). Rule 4005 further provides that such discovery may be accomplished through written Interrogatories. See Pa.R.C.P. No. 4005(a). 14. Pursuant to Pennsylvania Rule of Civil Procedure 4009.1 and 4009.11, a plaintiff may request the production of relevant documents and things. Pa.R.C.P. No. 4009.1; Pa.R.C.P. No. 4009.11. 15. Pennsylvania Rule of Civil Procedure 4006 provides that the answering party "shall serve a copy of the answers, and objections if any, within thirty days after the service of the interrogatories." Pa.R.C.P. No. 4006(a)(2) (emphasis added); see also Pa.R.C.P. No. 3 4009.12(a)(2) ("The party upon whom the request is served shall within thirty days after the service of the request... produce or make available to the party submitting the request those documents and things described in the request to which there is no objection.") (emphasis added). 16. As more than thirty (30) days have passed since the service of these interrogatories and written discovery requests, responses are due pursuant to the Rules of Civil Procedure. See Pa.R.C.P. No. 4006; see also Pa.R.C.P. No. 4009.12. 17. Plaintiff is severely prejudiced in her ability to prepare for trial and/or resolve this case through settlement without the full and complete Responses of Defendant HSHS to Plaintiff's Interrogatories and Request for Production of Documents dated October 19, 2012. 18. Plaintiff now moves this Honorable Court to compel Defendant, Holy Spirit Health System, to produce full and complete Response to Plaintiff's Interrogatories and Request for Production of Documents dated October 19, 2012,within twenty (20) days. B. Motion to Compel Defendant Holy Spirit Hospital to More Specific Provide Substantive Answers to Plaintiff's Initial Interrogatories and Request for Production of Documents 19. Plaintiff served on defendant, Holy Spirit Hospital ["HSH"], the initial set of Interrogatories and Request for Production of Documents dated October 19, 2012. See Plaintiff's Discovery Requests dated October 19, 2012, attached hereto as Exhibit"A." 20. Defendant's Response to the above discovery requests were due November 19, 2012. 21. On June 6, 2013, counsel for Plaintiff wrote to counsel for Defendant, HSH that they had received Defendant's Answers to Discovery but found them to be deficient in several 4 r respects. Counsel for plaintiff requested more specific information regarding, inter alia, excess insurance coverage. See letter dated June 6, 2013 as Exhibit"G." 22. On July 29, 2013, counsel for Plaintiff also wrote to counsel for Defendant, HSH advising that the request for an audit trail was incomplete as Plaintiff had requested an audit trail from March 4, 2011 to the present. Defendant have only produced the audit trail from March 4, 2011 through March 8, 2011. See letter dated July 29, 2013 as Exhibit"K." 23. On December 13, 2013, counsel for Plaintiff spoke to counsel for Defendant regarding the requested complete audit trail from March 4, 2011 to the present. See email dated December 13, 2013 as Exhibit"I." 24. Again on January 6, 2014, counsel for Plaintiff emailed counsel for Defendant requesting the discovery issues regarding Holy Spirit Hospital and advising the Plaintiff would file Motion to Compel if outstanding discovery was not received within 10 days. See email dated January 6, 2014 as Exhibit"J." 25. As of the time of the filing of the instant Motion, counsel for Defendant has failed to provide more specific answers to Plaintiff's Interrogatories and Request for Production of Documents dated October 19, 2012. 26. Pennsylvania Rule of Civil Procedure 4003.1 states in relevant part that a "party may obtain discovery regarding any matter, not privileged,which is relevant to the subject matter involved in the pending action." Pa.R.C.P. No. 4003.1(a). Rule 4005 further provides that such discovery may be accomplished through written Interrogatories. See Pa.R.C.P. No. 4005(a). 27. Pursuant to Pennsylvania Rule of Civil Procedure 4009.1 and 4009.11, a plaintiff may request the production of relevant documents and things. Pa.R.C.P. No. 4009.1; Pa.R.C.P. No. 4009.11. 5 l 28. The Pennsylvania Rules of Civil Procedure allows the discovery of insurance information as follows: A party may obtain discovery of the existence and terms of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. Information concerning the insurance agreement is not by reason of such disclosure admissible in evidence at trial. For the purposes of this paragraph, an application for insurance shall not be treated as part of an insurance agreement. Pa.R.C.P.4003.2. Scope of Discovery. Insurance 29. Plaintiff is severely prejudiced in her ability to prepare for trial and/or resolve this case through settlement without the full and complete answers of Defendant to Plaintiff's Interrogatories and Request for Production of Documents dated October 19, 2012. 30. Plaintiff now moves this Honorable Court to strike defendant's objections to discovery requests regarding excess insurance and complete audit trail, and compel Defendant Holy Spirit Hospital to produce more specific answers to Plaintiff's Interrogatories and Request for Production of Documents within twenty (20) days. Specifically, Plaintiff moves this Honorable Court to Compel Defendant HSHS to produce requested (1) excess insurance information and (2) audit trail from date of admission to the present time. C. Motion to Compel Depositions 32. This is a professional liability medical negligence case instituted by the filing of a Complaint on July 26, 2012. 33. Plaintiff has made multiple requests for dates for the deposition of key witness, Hermant Patel, M.D., dating back to September 30, 2013. See letter dated September 30, 2013 as Exhibit"L." 6 34. Counsel for Plaintiff again wrote to counsel for Defendant on November 13, 2013 requesting dates for Dr. Patel's deposition. See letter dated November 13, 2013 as Exhibit"M." 35. Plaintiff again requested dates for the deposition of key witness, Morgan L. Snyder, PA-C, dating back to November 20, 2013. See letter dated November 20, 2013 as Exhibit"N." 36. On December 13, 2013, counsel for Plaintiff requested dates for the depositions of the Dr. Patel and Ms. Snyder to avoid the necessity of having to file a Motion to Compel. See email dated December 13, 2013 as Exhibit"I." 37. On January 6, 2014, counsel for Plaintiff again requested dates for Dr. Patel and PA Snyder. See email dated January 6, 2014 as Exhibit"J." 38. As of the date of the filing of the instant Motion, counsel for Defendant HSH has failed to provide Plaintiffs with any dates of availability for the depositions of the key witnesses named above. 39. Pennsylvania Rule of Civil Procedure 4001(c) states in relevant part that: "...any party may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories for the purpose of discovery, or for preparation of pleadings, or for preparation or trial of a case, or for use at a hearing upon petition, motion or rule, or for any combination of the foregoing purposes." P.a.R.C.P 4001(c). 40. Plaintiff is severely prejudiced in her ability to prepare for trial and/or resolve this case through settlement without the deposition testimony of key witnesses, Hermant Patel, M.D. and Morgan L. Snyder, PA-C. 7 41. Plaintiff now moves this Honorable Court to compel Defendant HSH to produce key witnesses, Hermant Patel, M.D. and Morgan L. Snyder, PA-C within twenty (20) days, on a date and time chosen by Plaintiffs' counsel. WHEREAS, Plaintiff's respectfully request this Honorable Court to grant Plaintiff s Motion and enter Order attached hereto. KLINE & SPECTER, A Professional Corporation By: THOMAS R. ALINE, ESQUIRE ANDREW S. YOUMAN, ESQUIRE GEARY L. YEISLEY, ESQUIRE Attorneys for Plaintiffs Date: z( c(��`( 8 KLINE & SPECTER, P.C. By: Thomas R. Kline, Esquire Andrew S. Youman, Esquire Geary L. Yeisley, Esquire Attorney ID Nos. 28895/65924/205719 1525 Locust Street, 19th Floor Philadelphia, PA 19102 (215) 772-1000 Attorneys for Plaintiff BRENDA D. HARTZELL, : COURT OF COMMON PLEAS Administratrix of the Estate of CUMBERLAND COUNTY PAUL C. HARTZELL, JR., DECEASED : DOCKET NO. 12-4665 • Plaintiff • v. JURY TRIAL DEMANDED HOLY SPIRIT HOSPITAL, ET AL. MEMO OF LAW IN SUPPORT OF PLAINTIFF'S (1)MOTION TO COMPEL HOLY SPIRIT HEALTH SYSTEM TO PROVIDE RESPONSES TO PLAINTIFF'S DISCOVERY DATED OCTOVER 19,2012; (2) MOTION TO COMPEL HOLY SPIRIT HOSPITAL TO PROVIDE SUBSTANTIVE ANSWERS TO PLAINTIFF'S DISCOVERY DATED OCTOBER 19, 2012; AND (3) MOTION TO COMPEL DEPOSITIONS OF DR. PATEL AND MS. SNYDER I. MATTER BEFORE THE COURT Plaintiff, Brenda C. Hartzell, Administrator of the Estate of Paul C. Hartzell, deceased, by and through her undersigned counsel, Kline & Specter, A Professional Corporation, hereby requests that this Honorable Court enter an Order to compel Defendants Holy Spirit Health System ["HSHS"] to provide full and complete responses to Plaintiff's Discovery Requests, dated October 19, 2012, to compel Holy Spirit Hospital ["HSH"] to provide substantive answers regarding excess insurance and complete audit trail, and to compel the depositions of witnesses, 1 Herman Patel, M.D., and Morgan L. Snyder, PA-C. In support of her Motion, Plaintiff submits the following memorandum of law. II. FACTS This is a medical malpractice negligence case arising out of the care received by Paul C. Hartzell, Jr. deceased at the Holy Spirit Hospital in March, 2011. Mr. Hartzell is a 61 year old who presented to HSH following a sudden onset of chest pain that started approximately three hours earlier. Mr. Hartzell had a history of uncontrolled HTN. Defendants failed to consider aortic dissection as a potential cause of the chest pain and failed to order a CT scan of the chest, MRA of the chest, and/or transesophageal echocardiogram to rule out aortic dissection as a potential cause of his chest pain. On March 6, 2011 hospitalist and defendant, Dr. Kaushik, noted that plaintiff's decedent, Paul C. Hartzell, had a diagnosis of "chest pain" and "uncontrolled hypertension." While in the hospital, Mr. Hartzel continued to have uncontrolled HTN and became hypoxic, requiring On March 7, 2011, on or about 1500 hours, according to the medical records, plaintiff's decedent, Paul C. Hartzell,Jr.,was placed on four(4)liters nasal cannula supplemental oxygen. On March 8, 2011, at or about 0049 hours, Lisa T. Jones, R.N., found plaintiff's decedent, Paul C. Hartzell, Jr., in cardiac arrest and called a code blue. On March 8, 2011, at or about 0118 hours, plaintiff's decedent, Paul C. Hartzell, Jr., was pronounced dead. Autopsy revealed the COD to be ruptured type A aortic dissection. III. QUESTIONS BEFORE THE COURT a. Whether Holy Spirit Health ["HSHS"] should provide full and complete responses to Plaintiff's First Set of Supplemental Interrogatories and Request for Production of Documents dated October 19, 2012. Suggested Answer: Yes 2 b. Whether Defendant HSH should provide more specific responses to Plaintiff's Interrogatories and Request to Production of Documents regarding excess insurance and a complete audit trail to present. Suggested Answer: Yes c. Whether Defendants should produce witnesses, Hermant Patel, M.D., and Morgan L. Snyder, PA-C for deposition at the time and place of Plaintiff's choosing. Suggested Answer: Yes IV ARGUMENT Plaintiff filed a timely lawsuit on July 26, 2012 in the Cumberland County Court and subsequently served discovery on defendants, to which defendants have responded mostly with objections, or simply ignored. Plaintiffs have also made repeated requests for deposition dates of several key witnesses. The purpose of this Motion is the following: 1) to compel full responses to Plaintiff's interrogatories and request for production of documents by Defendant Holy Spirit Health System and 2) to compel more specific responses from Defendant Holy Spirit Hospital; and 3) to compel depositions of Dr. Patel and Ms. Snyder. A. Plaintiffs Discovery Requests sent to Defendant HSHS October 19, 2012 Plaintiff served on Defendant, Holy Spirit Health System ("HSHS"], Interrogatories and Request for Production of Documents dated October 19, 2012. See letter and discovery dated October 19, 2012, attached hereto as Exhibit "A." On December 19, 2102, counsel for Plaintiff wrote to counsel for Defendant HSHS and advised that their Responses to Plaintiff's Discovery were overdue. See letter dated December 19, 2012, attached hereto as Exhibit`B." 3 On January 7, 2013, counsel for Plaintiff again wrote to counsel for Defendant HSHS advising that their Responses to Plaintiff's Discovery were overdue and that Plaintiff would file a Motion to Compel if Plaintiff did not receive the answers to discovery. See letter dated January 7, 2013 as Exhibit"C." On March 29, 2013, counsel for Plaintiff spoke directly with counsel for Defendant HSHS regarding outstanding discovery. See email documenting said conversation attached hereto dated March 29, 2013, as Exhibit"D." On April 15, 2013 and April 22, 2013, counsel for Plaintiff emailed counsel for Defendant HSHS requesting the outstanding discovery responses. See email dated April 15, 2013 and April 22, 2013 as Exhibit"E." On June 6, 2013, counsel for Plaintiff emailed counsel for Defendant HSHS advising them that Plaintiff still had not received discovery responses from Holy Spirit Heath System. See email dated June 6, 2013 as Exhibit"F." On June 6, 2013, counsel for Plaintiff sent a letter dated June 6, 2013 advising that Holy Spirit Health System's discovery responses were long overdue and requested Defendant's outstanding Responses to said discovery to avoid the necessity of filing a Motion to Compel. See letter dated June 6, 2013 as Exhibit"G." Again on November 13, 2013, counsel for Plaintiff wrote to counsel for Defendant HSHS advising that their discovery responses are long overdue and requested outstanding Responses to said discovery to avoid necessity of filing a Motion to Compel. See letter dated November 13, 2013 as Exhibit "H." 4 On December 13, 2013, counsel for Plaintiff spoke directly to counsel for Defendants HSHS. See email dated December 13, 2013 documenting said conversation attached hereto as Exhibit"I." Again on January 6, 2014, counsel for Plaintiff emailed counsel for Defendant HSHS advising that if they did not receive answers within 10 days we would be filing a Motion to Compel. See email dated January 6, 2014 as Exhibit "J." As of the time of the filing of the instant Motion, counsel for Defendant HSHS has failed to provide Responses to Plaintiff's Interrogatories and Request for Production of Documents dated October 19, 2012. Pennsylvania Rule of Civil Procedure 4003.1 states in relevant part that a "party may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action." Pa.R.C.P. No. 4003.1(a). Rule 4005 further provides that such discovery may be accomplished through written Interrogatories. See Pa.R.C.P. No. 4005(a). Pursuant to Pennsylvania Rule of Civil Procedure 4009.1 and 4009.11, a plaintiff may request the production of relevant documents and things. Pa.R.C.P. No. 4009.1; Pa.R.C.P. No. 4009.11. Pennsylvania Rule of Civil Procedure 4006 provides that the answering party "shall serve a copy of the answers, and objections if any, within thirty days after the service of the interrogatories." Pa.R.C.P. No. 4006(a)(2) (emphasis added); see also Pa.R.C.P. No. 4009.12(a)(2) ("The party upon whom the request is served shall within thirty days after the service of the request... produce or make available to the party submitting the request those documents and things described in the request to which there is no objection.") (emphasis added). 5 a As more than thirty (30) days have passed since the service of these interrogatories and written discovery requests, responses are due pursuant to the Rules of Civil Procedure. See Pa.R.C.P. No. 4006; see also Pa.R.C.P. No. 4009.12. Plaintiff is severely prejudiced in her ability to prepare for trial and/or resolve this case through settlement without the full and complete Responses of Defendant HSHS to Plaintiff's Interrogatories and Request for Production of Documents dated October 19, 2012. Plaintiff now moves this Honorable Court to compel Defendant, Holy Spirit Health System, to produce full and complete Response to Plaintiff's Interrogatories and Request for Production of Documents dated October 19, 2012, within twenty(20)days. B. Incomplete Discovery Responses by HSH Plaintiff served on defendant, Holy Spirit Hospital ["HSH"J, the initial set of Interrogatories and Request for Production of Documents dated October 19, 2012. See Plaintiff's Discovery Requests dated October 19, 2012, attached hereto as Exhibit"A." Defendant's Response to the above discovery requests were due November 19, 2012. On June 6, 2013, counsel for Plaintiff wrote to counsel for Defendant, HSH that they had received Defendant's Answers to Discovery but found them to be deficient in several respects. Counsel for plaintiff requested specific information regarding, inter alia, excess insurance coverage. See letter dated June 6, 2013 as Exhibit"G." On July 29, 2013, counsel for Plaintiff also wrote to counsel for Defendant, HSH advising that the request for an audit trail was incomplete as Plaintiff had requested an audit trail from March 4, 2011 to the present. Defendants have only produced the audit trail from March 4, 2011 through March 8, 2011. See letter dated July 29, 2013 as Exhibit"K." 6 • On December 13, 2013, counsel for Plaintiff spoke to counsel for Defendant regarding the requested complete audit trail from March 4, 2011 to the present. See email dated December 13, 2013 as Exhibit"I." Again on January 6, 2014, counsel for Plaintiff emailed counsel for Defendant requesting the discovery issues regarding Holy Spirit Hospital and advising the Plaintiff would file Motion to Compel if outstanding discovery was not received within 10 days. See email dated January 6, 2014 as Exhibit"J." As of the time of the filing of the instant Motion, counsel for Defendant has failed to provide more specific answers to Plaintiff's Interrogatories and Request for Production of Documents dated October 19, 2012. Pennsylvania Rule of Civil Procedure 4003.1 states in relevant part that a "party may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action." Pa.R.C.P. No. 4003.1(a). Rule 4005 further provides that such discovery may be accomplished through written Interrogatories. See Pa.R.C.P. No. 4005(a). Pursuant to Pennsylvania Rule of Civil Procedure 4009.1 and 4009.11, a plaintiff may request the production of relevant documents and things. Pa.R.C.P. No. 4009.1; Pa.R.C.P. No. 4009.11. The Pennsylvania Rules of Civil Procedure allows the discovery of insurance information as follows: A party may obtain discovery of the existence and terms of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. Information concerning the insurance agreement is not by reason of such disclosure admissible in evidence at trial. For the purposes of this 7 paragraph, an application for insurance shall not be treated as part of an insurance agreement. Pa.R.C.P 4003.2. Scope of Discovery. Insurance. Plaintiff is severely prejudiced in their ability to prepare for trial and/or resolve this case through settlement without the full and complete answers of Defendant to Plaintiffs Interrogatories and Request for Production of Documents dated October 19, 2012. Plaintiffs now move this Honorable Court to strike defendants objections to discovery requests regarding excess insurance and complete audit trail, and compel Defendant, Holy Spirit Hospital to produce more specific answers to Plaintiff's Interrogatories and Request for Production of Documents within twenty (20) days. Specifically, Plaintiff moves this Honorable Court to Compel Defendant HSHA to produce requested (1) excess insurance information and (2) audit trail from date of admission to the present time. C. Deposition of Dr. Patel and Ms. Snyder Plaintiff has made multiple requests for dates for the deposition of key witness, Hermant Patel, M.D., dating back to September 30, 2013. See letter dated September 30, 2013 as Exhibit 1, „ Counsel for Plaintiff again wrote to counsel for Defendant on November 13, 2013 requesting dates for Dr. Patel's deposition. See letter dated November 13, 2013 as Exhibit"M." Plaintiff again requested dates for the deposition of key witness, Morgan L. Snyder, PA- C, dating back to November 20, 2013. See letter dated November 20, 2013 as Exhibit"N." On December 13, 2013, counsel for Plaintiff requested dates for the depositions of the Dr. Patel and Ms. Snyder to avoid the necessity of having to file a Motion to Compel with regard to same. See email dated December 13, 2013 as Exhibit"I." 8 . On January 6, 2014, counsel for Plaintiff again requested dates for Dr. Patel and PA Snyder. See email dated January 6, 2014 as Exhibit"J." As of the date of the filing of the instant Motion, counsel for Defendants has failed to provide Plaintiffs with any dates of availability for the depositions of the key witnesses named above. Pennsylvania Rule of Civil Procedure 4001 (c) states in relevant part that: "...any party may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories for the purpose of discovery, or for preparation of pleadings, or for preparation or trial of a case, or for use at a hearing upon petition, motion or rule, or for any combination of the foregoing purposes." Pa. R.C.P 4001 (c). Plaintiffs are severely prejudiced in their ability to prepare for trial and/or resolve this case through settlement without the deposition testimony of key witnesses, Hermant Patel, M.D. and Morgan L. Snyder, PA-C. Plaintiffs now move this Honorable Court to compel Defendants to produce key witnesses, Hermant Patel, M.D. and Morgan L. Snyder, PA-C within twenty (20) days, on a date and time chosen by Plaintiffs' counsel. Plaintiff has made multiple requests for dates for the deposition of key witness, Hermant Patel, M.D., dating back to September 30, 2013. See letter dated September 30, 2014 as Exhibit"L." V. CONCLUSION WHEREFORE, plaintiffs respectfully request that this Honorable Court enter an Order in the form attached hereto, to Plaintiffs' Discovery Requests dated October 19, 2012, and Compel Defendant, Holy Spirit Health System to provide full and complete substantive answers to Plaintiffs' Discovery Requests, and more specific answers from Holy Spirit Hospital within ten 9 (10) days, and produce Hermant Patel, M.D. and Morgan L. Snyder, PA-C for deposition at the time and place of Plaintiffs' choosing, within thirty (30) days. KLINE & SPECTER, A Professional Corporation By: THOMAS R. I INE, ESQUIRE ANDREW S. YOUMAN, ESQUIRE GEARY L. YEISLEY, ESQUIRE Attorneys for Plaintiff Date: � r(I{`-{ 10 ATTORNEY CERTIFICATION OF GOOD FAITH The undersigned counsel for plaintiffs hereby certifies and attests that he has had contacts with opposing counsel regarding the discovery matter contained in the foregoing discovery motion and in an effort to resolve the specific discovery dispute at issue and, further, that despite all of counsel's good faith attempts to resolve the dispute, they have been unable to do so. On October 19, 2012, December 19, 2012, January 7, 2013, April 15, 2013, April 22, 2013, June 6, 2013, July 25, 2013, July 29, 2013, September 30, 2013, November 13, 2013, November 20, 2013 December 13, 2013, and January 6, 2014, plaintiff's counsel wrote to counsel for defendant, specifically requesting deposition dates and/or discovery responses and/or documents as outlined in the aforementioned Motion. CERTIFIED TO THE COURT: ANDREW S. OUMAN, ESQUIRE VERIFICATION I, Andrew S. Youman, Attorney for Plaintiff in the within action, hereby verify that I am authorized to make this verification on behalf of plaintiffs and that the statements made in the foregoing Plaintiff's Motion to Compel Discovery Answers and Motion to Compel Depositions and accompanying Memorandum of Law, are true and correct to the best of my knowledge, information and belief. I understand that false statements therein made are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Andrew S. uman CERTIFICATE OF SERVICE ANDREW S. YOUMAN, ESQUIRE, hereby certifies that he caused a copy of the foregoing (1) Plaintiffs' Motion to Compel Holy Spirit Health System Answers to Plaintiff's Discovery Dated October 19, 2012; (2) Plaintiff's Motion to Compel Holy Spirit Hospital to Answer More Specific Answers To Plaintiff's Discovery Dated October 19, 2012, And (3) To Compel The Depositions of Hermant Patel, M .D. and Morgan L. Snyder, PA-C., to be served upon the following via U.S. First Class Mail, postage prepaid, on this 11th day of February 2014, as follows: Michael D. Pipa, Esquire Stevens & Lee 17 North Second Street, 16th Floor Harrisburg, PA 17101 Counsel for Defendants,Jeffery S. Fugate, D.O., Ira Sackman, M.D., and Associated Cardiologists, P.C. Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 Counsel for Defendants, Holy Spirit Hospital,Holy Spirit Health System, and Sushma Kaushik, M.D. Craig A. Stone, Esquire Marshall, Dennehey,Warner, Coleman & Goggin 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 Counsel for Defendant, Kerri Mateer, PA-C 4"—S/if-- ANDREW S.YOUMAN, ESQUIRE DATED: �("( m X J,. fp KLINE & SPECTER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW THE NINETEENTH FLOOR 1525 LOCUST STREET PHILADELPHIA, PENNSYLVANIA 19102 WWW.KLINESPECTER.COM GEARY L. YEISLEY, M.D., J.D. 215-772-1000 GEARY.YEISLEY®KLINESPECTER.COM FAX: 215-772-1359 October 19, 2012 Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 RE: Brenda D. Hartzell, Executor of the Paul C. Hartzel, deceased v. Holy Spirit Hospital, et al. Court of Common Pleas, Cumberland County No. 12--4665 Dear Mr. Chairs: Enclosed please find the following: (1) Plaintiff's Interrogatories and Request for Production of Documents addressed to Holy Spirit Hospital; (2) Plaintiff's Interrogatories and Request for Production of Documents addressed to Holy Spirit Health System; and, (3) Plaintiff's Interrogatories and Request for Production of Documents addressed to Sushma Kaushik, M.D. Kindly respond to same in accordance with the Pennsylvania Rules of Civil Procedure. Please also advise what dates Dr. Kaushik is available for her deposition. Very truly yours, -- ARY . E' : EY ir GLY/mk Enclosures CC: Craig Stone, Esquire (w/enc. ) Michael Pipa, Esquire (w/enc. ) - i KLINE & SPECTER,P.C. By: Thomas R. Kline,Esquire Andrew S. Youman,Esquire iI Geary L. Yeisley,Esquire Attorney ID Nos. 28895/65924/205719 1525 Locust Street, 19th Floor Philadelphia,PA 19102 (215) 772-1000 Attorneys for Plaintiff �I BRENDA D. HART7ELL, • COURT OF COMMON PLEAS Administratrix of the Estate of • CUMBERLAND COUNTY PAUL C.HARTZELL,JR.,DECEASED : DOCKET NO. 12-4665 • Plaintiff • v. : I, • JURY TRIAL DEMANDED HOLY SPIRIT HOSPITAL,ET AL. • • PLAINTIFF'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO HOLY SPIRIT HEATLH SYSTEM Please respond within thirty(30)days. These questions and requests apply to information and documents in possession of the defendant,their attorneys,representatives, and/or insurers. These discovery requests are continuing and require you to supplement your responses as further information becomes available. The term"documents"as used herein is used in a comprehensive and broad sense and includes anything in your possession, custody or control of any of your expert witnesses or attorneys,whether past or present, and includes without limiting the generality of meaning:work orders,invoices,letters,telegrams, intracorporate communications of any nature,reports, memoranda,minutes,bulletins, circulars,instructions,work assignments,handwritten notes, books,workings,assignment papers,formal and informal sketches, drawing of any nature, blueprints,microfilm,photographs, drafts, shorts,worksheets, advertisements, catalogues, • periodicals,proving ground records, consultations,communications, experiments,videotapes, movie films, studies and other writings and physical objects of whatever nature,including copies of mechanical and photocopy reproductions of any or all of the foregoing items. If in response to this request for production of documents,you withhold production of any document on the ground of a privilege,please state with respect to each document: a. the type of document involved and a general description of the contents of the document; b. the name,business and residence addresses,the telephone numbers and position of !� the individual(s)from whom the documents emanated; c. the names,business, and written addresses and telephone numbers and positions of each individual(s)to whom the document or company of the document was sent; , d. the date of each document; e. the privilege upon which said defendant relies on in withholding the document; f. the facts upon which the defendant relies on in support of its claim that it is privileged to withhold such document; g. the names,business and resident addresses and telephone numbers, and positions or occupations of individual(s)known or believed by defendant to have knowledge concerning the factual basis for defendant's assertion of privilege with regard to the document; h. the names,business and resident addresses and telephone numbers, and positions or occupations of individual(s)known or believed by defendant to have ever possessed this document. FOR EACH DOCUMENT PRODUCED, CORRELATE THE DOCUMENT TO THE REQUEST. • } 2 INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS 1. Please produce any and all medical records and/or documents regarding Paul C.Hartzell, Jr., deceased,including any and all computerized records. Ij 2. Please produce the audit trail documenting all occasions when,and by whom,the computerized medical records of Paul C. Hartzell, Jr.,deceased were accessed from March 4, 2011 through the present. I+ 3. Identify,by name and current business address, each and every physician,nurse practitioner,physician assistant,and nurse who were involved in the care of Paul C.Hartzell, Jr., deceased,at Holy Spirit Health System on March 4 through March 8, 2011. 4. Please produce the Table of Contents and/or Index of Holy Spirit Health System's Policies and Procedures in effect in March 2011. • 5. Do you have a system, computerized or not,that permits health care providers to report problems,relating in any manner to patient care,to the administration of the hospital? If the answer to this question is"yes,"please respond to the following: (a) Did any health care provider utilize this system in relation to any of the facts relating to this lawsuit? (b) If the system was utilized, who utilized it and when was the report made? (c) Produce a copy of that report. (d) Was any action taken in response to any report made? If yes,what action was taken? (e) Produce a copy of all documents relating to the action taken in response to any report made. 6. Please identify and produce any and all e-mails related to the care received by Paul C. Hartzell,Jr., deceased at Holy Spirit Health System from March 4—March 8 2011 (To the extent that privilege is claimed as to certain responsive documents,please identify each such document by date, author, subject matter and identify the precise nature of the privilege claimed.) 3 7. Was any investigation undertaken by the Holy Spirit Health System or anyone affiliated with Holy Spirit Health System with respect to the care Paul C. Hartzell,Jr., deceased received at Holy Spirit Health System from March 4,2011 through March 8,2011? If so,please identify by name all person(s)involved in such investigation(s),the date of the investigation(s)and produce any and all documents related to such investigation(s). 8. Please produce the risk management file regarding Paul C. Hartzell, Jr., deceased. (To the extent that privilege is claimed as to certain responsive documents,please identify each such document by date, author and subject matter and identify the precise nature of the privilege claimed. 9. Please produce any and all statements made by persons involved in the care and treatment of Paul C.Hartzell,Jr.,deceased at the Holy Spirit Health System on March 4 through 8,2011. 10. Please produce any and all billing records for inpatient and outpatient treatment that Paul C.Hartzell,Jr., deceased received at Holy Spirit Health System. :s 11. Please produce copies of any contracts and/or employment contracts or similar writings, between Holy Spirit Health System and/or Holy Spirit Hospital for the following individuals and/or entities: (a) _ Sushma Kauski, M.D.; (b) Jeffrey S. Fugate,D.O.; (c) Kerri Mateer,P.A.-C; (d) Ira Sackman, M.D.; (e) Associated Cardiologist,P.C.; 12. Produce any and all documents, correspondence,memoranda, and other writings relating to the hiring of, and/or contracts with the following health care providers and/or entities: (a) Sushma Kauski,M.D.; (b) Jeffrey S.Fugate,D.O.; (c) Kerri Mateer,P.A.-C; (d) Ira Sackman,M.D.; (e) Associated Cardiologist,P.C.; 4 1 13. Produce any and all documents, correspondence,memoranda, and other writings,relating to the credentialing or granting of privileges to: (a) Sushma Kauski,M.D.; (b) Jeffrey S.Fugate,D.O.; (c) Kern Mateer,P.A.-C; (d) Ira Sackman,M.D.; 14. State whether a query was submitted to the National Practitioner Data Bank with respect to the following. If yes,please state the date on which the inquiry was made. (a) Sushma Kauski,M.D.; (b) Jeffrey S.Fugate,D.O.; (c) Kerri Mateer,P.A.-C; (d) Ira Sackman,M.D.; 15. Please explain the corporate relationship between Holy Spirit Health System: (a) Sushma Kauski,M.D.; (b) Associated Cardiologist,P.0 16. Identify the electronic medical record software in use in the Holy Spirit Health System on March 4—8,2011. Please also identify the corporate employee most knowledgeable of the clinical use of the software identified above. 17. State the factual basis for all of your contentions made in your New Matter or Affirmative Defenses. 18. Identify and produce any and all writings,memoranda,letters and other documents relevant to Paul C.Hartzell, Jr., deceased. • 5 19. Identify and produce any and all original medical records and bills relating to plaintiff's decedent. 20. Identify and produce any unprivileged or non-work product document relating to plaintiff or plaintiff's decedent. 21. State your exact corporate name as if it exists now and,if different,at the time of the care at issue in this case. 22. State whether there was a formal peer review meeting at which issues related to the plaintiff were discussed(please answer Yes or No). 6 CREDENTIALING AND SENTINEL EVENTS 23. Produce copies of the non-privileged portions of the credential file for defendant[s], Sushma Kaushik,M.D.,Jeffrey S.Fugate,D.O.,Kern i Mateer,PA-C, and Ira Sackman,M.D., including but not limited to copies of his/her application(s) and renewal application(s)for staff privileges, and all documents submitted by or on behalf of them in support of their application(s) and renewal application(s)for staff privileges.' 24. Produce copies of risk management incident, event, and/or occurrence reports,or similar type documents which were prepared in connection with the care rendered to Paul C. Hartzell, Jr., deceased while he was a patient at your facility 2 25. Produce all documents which identify or define a"sentinel event"within your hospital/organization. 26. Produce those documents which identify the person(i.e.risk manager or others)who determines what constitutes a sentinel event within your hospital/facility. 27. Produce copies of all emails between and among individuals who are not members of the Patient Safety Committee with respect to any event you claim is sentinel even for which privilege is claimed. , 'This information was held to be discoverable and not subject to confidentiality under the Peer Review Protection Act in Pitts v.The Children's Hospital of Philadelphia,Phila.,CCP,October Term,1998,No.3055,and Lindsay v. p Dr.Stanley D.Bosta,at al,Allegheny CCP,No.GD95-3789. More recently,these types of documents were held to be discoverable and not protected by the PRPA in the following additional cases: Geiger v.Zelenkofske,CP Lehigh Cty.,August 16,2001,Wallitsch,J.;Piper-Ochas v.Guthre Clinic,CP Lackawanna Cty.,November 29, 1999, F' Corbett,J.;Johnson v.Tray,43 D&C. 129(Fulton Cty. 1999);and Sotack v.Gnaden Huetten Memorial Hospital ,ri No.2842 Civil 1994(Monroe Cty.,February 10, 1997). See also the following trial court opinion from various counties in the Commonwealth of Pennsylvania: ii Holliday v.Klimowski,3 Pa.D&C.2°d408(Washington Cty. 1976);Fowler v.Pirris,34 Pa.D&C.3d 530 (Washington Cty. 1981);Bolten v.Holy Spirit Hospital, 105 Dauphin Co.Rep.40(1984);Resnick v.Hahnemann r University Hospital,28 Phila.,561(Phila. 1995)and Short v.Pavilides,M.D..at al.31 Phila.221 (1996). I 2 Hospital incident reports were held to be discoverable by the Pennsylvania Superior Court and not subject to confidentiality by the Peer Review Protection Act in Atkins v.Pottstown Memorial Medical Center,634 Aid 258 (Pa.Super. 1993). , 7 ii EXPERTS 28. Identify by name, address, and specialty any person you expect to call as an expert witness at trial and attach a copy of his/her Curriculum Vitae as part of your answer to this Interrogatory. ii 29. Identify all articles and texts published in peer review literature,author or co-author to each person you expect to call as an expert witness at trial,or attach a copy of such experts' bibliography. 30. State the subject matter on which each expert is expected to testify. 31. State the substance of the facts and opinions to which each expert is expected to testify. 32. State a summary of the grounds for each opinion to which any expert is expected to testify. As part of your answer to this Interrogatory,attach all reports, and drafts of reports of any expert expected to testify at trial. 33. For the past 5 years, state the caption of every case in which any such person you expect to call as an.expert witness at trial has previously testified as an expert. 34. Identify all medical records, documents, and other writing which have been reviewed by any person you expect to call as an expert witness at trial. f3 35. Identify and produce any and all expert reports relating to this lawsuit. 36. Provide all information regarding expert testimony to fully comply with Pa.R.C.P.4003.5 and all the applicable rules regarding disclosure of expert testimony. 8 INSURANCE 37. State whether Holy Spirit Health System was covered by or were the subject of any policy(ies) of liability insurance for the claims set forth in the Complaint filed in this case. CI 38. If the answer to the previous Interrogatory is in the affirmative, state the following as to each such policy of insurance: a. The name of each insured under the policy; b. The name of the carrier(s)and policy number; c. The period of the policy; d. The amount of coverage provided by the policy; e. Whether or not you are being defended pursuant to the provisions of such insurance policy; f. Whether the defense is being provided under any type of reservation of rights; g. Whether your consent is required to settle this claim. I1 39. State whether Holy Spirit Health System was covered by or subject to any policy of excess liability insurance for the injuries arising out of the instant case. 40. If the answer to the previous Interrogatory is in the affirmative, state the following as to each such policy of insurance: a. The name of each insured under the policy; f ' b. The name of the carrier(s)and policy number; c. The period of the policy; d. The amount of coverage provided by the policy; e. Whether or not you are being defended pursuant to the provisions of such insurance policy; 9 f. Whether the defense is being provided under any type of reservation of rights; g. Whether your consent is required to settle this claim. 41. Has the excess liability carrier been informed of this claim? 42. Identify and produce all insurance policies providing any coverage including excess coverage, for the claims asserted in this case. 43. State whether any exclusion under any policy is or may be applicable to any claim presented by plaintiff's civil action. 44. If the answer to the previous interrogatory is in the affirmative, state the precise language of each exclusion which is or may be applicable,and in some form,the facts upon which it is contended each such exclusion is or may be applicable. 45. State whether this case is being defended by the attorney who has entered his/her appearance on your behalf subject to a reservation of rights agreement between you and your insurance carrier. 46. If the answer to the previous interrogatory is in the affirmative,as to each reservation of rights agreement, state the following: (a) The name of each party to the agreement; (b) The date the agreement was entered into; and { (c) According to your information,what is the state position of the carrier as to the reservation of rights? ip 10 it 47. State the amount of insurance coverage applicable to any present or potential future claims against defendants for injuries sustained by plaintiffs as a result of treatment relating to this lawsuit,as follows: Do not answer this question to the effect that there is "statutory coverage"; rather,please state the exact amounts of coverage and the identities of all insurance carriers. INSURED SELF-RETAINED LIMITS PRIMARY INSURANCE Name of carrier,policy period,policy no. and amount of coverage MCARE FUND FIRST LAYER INSURANCE Name of carrier,policy period,policy no. and amount of coverage SECOND LAYER INSURANCE Name of carrier,policy period,policy no. and amount of coverage g THIRD LAYER EXCESS INSURANCE Name of carrier,policy period,policy no. and amount of coverage ANY ADDITIONAL COVERAGE Name of carrier,policy period,policy no. and amount of coverage si ri 11 REQUEST FOR PRODUCTION OF DOCUMENTS 48. Produce any and all discoverable statements under Pa.R.C.P. 4003.4 relevant to the claims and/or causes of action pled in Plaintiffs Complaint. 49. Produce any and all investigative materials and things pursuant to Pa.R.C.P. 4003.1 and 4003.3 relevant to the claims and/or causes of action pled in Plaintiffs Complaint. 50. Identify and produce any and all writings,memoranda,letters, and other documents relevant to the claims and/or causes of action pled in Plaintiffs Complaint. 51. Produce any and all incident reports,handwritten notes,documents, or other writings of any nature which were prepared in relation to the facts as pled in Plaintiffs Complaint. 52. Produce any and all expert reports relating to this lawsuit. 53. Produce a copy of all materials supplied to any expert in relation to this lawsuit. 54. Produce any documents relating to the plaintiff and/or her decedent. 55. Produce all documents which will be marked or introduced as evidence at trial. 6 12 • 56. Produce copies of any and all correspondence, contracts,agreements in any form,oral or written,that you contend are relevant to this lawsuit(including contracts between or among defendants). 57. Produce the written agreement between physician assistant Kerri Mateer,PA-C, and her supervising physician,as required by subchapter D of Chapter 18 of Title 49 of the Pennsylvania Code§ 18.142 which implements section 13 of the Medical Practice Act(63 P.S. §422.13). 58. Produce the employment/credential file of Kerri Mateer,PA-C. 59. Produce the Holy Sprint Health System policy and procedure that would allow physician assistant to answer cardiology consult in ER without patient being seen by cardiologist. KLINE& SPECTER, A Professional Corporation • By: .� 0 ' • ' . , , ESQ. ,� • fir∎REW . S • ,E RE GEARY L. YEISLEY,ESQUIRE Attorneys for Plaintiff Date: &44 7? '1 • l 13 • � r ( c KLINE & SPECTER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW THE NINETEENTH FLOOR 1525 LOCUST STREET PHILADELPHIA, PENNSYLVANIA 19102 WWW.KLI NESPECTER.COM GEARY L. YEISLEY, M.D., J.D. 215-772-1000 GEARY.YEISLEY®KLINESPECTER.COM FAX: 215-772-1359 December 19, 2012 Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey&Chilcote, P.C. Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 RE: Brenda D.Hartzell,Executor of the Paul C.Hartzel,deceased v.Holy Spirit Hospital,et al. Court of Common Pleas,Cumberland County No. 12--4665 Gentlemen: Please be advised that Plaintiffs' Interrogatories and Request for Production of Documents dated October 19, 2012 are now long overdue. On October 19, 2012 we also requested potential dates for Dr. Kaushik's deposition. Kindly provide us with potential dates for Dr. Kaushik's deposition, and let us know when we can expect Answers to Plaintiff's Discovery Requests. We wish to avoid involvement of the Court on this issue. Very truly yours, ' EARY . YEISLEY GLY/mk cc: Michael Pipa,Esquire Craig A. Stone, Esquire m x C") KLINE & SPECTER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW THE NINETEENTH FLOOR 1525 LOCUST STREET PHILADELPHIA, PENNSYLVANIA 19102 WWW.KLINESPECTER.COM GEARY L. YEISLEY, M.D., J.D. 215-772-1000 GEARY.YEISLEY®KLIN ESP ECTER.COM FAX: 215-772-1 359 January 7,2013 Thomas M. Chairs,Esquire Aaron S. Jayman, Esquire Dickie, McCamey&Chilcote,P.C. Plaza 21, Suite 302 425 North 21st Street Camp Hill,PA 17011 RE: Brenda D.Hartzell,Executor of the Paul C.Hartzel,deceased v.Holy Spirit Hospital,et al. Court of Common Pleas, Cumberland County No. 12--4665 Gentlemen: We have written to your office on several occasions requesting all of the outstanding discovery responses. To date, we have not received any response from your office in this regard. We have also requested the dates of depositions for Sushma Kaushik, M.D without any response. Therefore,please be advised that, if we do not hear from you within ten days of the date of this letter regarding the aforementioned discovery responses and dates of availability for Dr. Kaushik,we will have no choice but to file a Motion to Compel with the Court. If you wish to attempt to resolve this matter without court intervention, please do not hesitate to contact me. Very truly yours, �i U AR' . ISL GLY/mk cc: Michael Pipa,Esquire Craig A. Stone, Esquire m C- v Maureen Klaus From: Yeisley, Geary Sent: Friday, March 29, 2013 4:02 PM To: Youman,Andy S. Cc: Neveling, Jean; Maureen Klaus Subject: FW: Hartzell-T Chairs Spoke to torn chairs today. He promises to get us discovery next week. He offers July 23 or 24 for dep of Dr.Kaushik. Also,he notes that,although Ms.Mateer worked for Sackman/Fugate Cardiology group in 2011,she now works for HSH. When she was hired,HSH provided her with tail insurance to cover pre-employment lawsuits(so HSH insurance covers Ms.Mateer as well). Geary L.Yeisley,MD,JD Kline&Specter,PC 1525 Locust Street Philadelphia,PA 19102 215-772-2475 (direct) 267-303-8786(cell) 215-772-1005 (fax) From: Neveling, Jean Sent: Friday, March 29, 2013 9:15 AM To: Yeisley, Geary Cc: Maureen Klaus Subject: RE: Hartzell -T Chairs He owes us all his discovery—Holy Spirit Hospital/Health System and Sushma Kaushik, M.D. He also recently sent a Stipulation to substitute Spirit Physician Services Inc in place of Holy Spirit Health System From: Yeisley, Geary Sent: Friday, March 29, 2013 9:07 AM To: Neveling,Jean Cc: Maureen Klaus Subject: Re: Hartzell -T Chairs What discovery does Mr. Chairs owe us? From: Neveling, Jean Sent: Friday, March 29, 2013 09:00 AM To: Yeisley, Geary Subject: Hartzell -T Chairs Thomas Chairs called 717-731-4800 1 • m 74: Maureen Klaus From: Yeisley, Geary Sent: Monday, April 22, 2013 5:51 PM To: Chairs, Tom Cc: Youman,Andy S.; Neveling, Jean; Maureen Klaus Subject: RE: Hartzell--HSH discovery responses Thanks! Geary L.Yeisley,MD,JD Kline&Specter,PC 1525 Locust Street Philadelphia,PA 19102 215-772-2475(direct) 267-303-8786(cell) 215-772-1005(fax) From: Chairs,Tom [mailto:TChairs@admclaw.com] Sent: Monday, April 22, 2013 5:50 PM To: Yeisley, Geary; Youman, Andy S. Subject: Re: Hartzell--HSH discovery responses First response went out in the mail Thursday. If you don't have it by tomorrow let me know and I will re-send. From: Yeisley, Geary [mailto:Geary.YeisleyCa�KlineSpecter.com] Sent: Monday, April 22, 2013 05:46 PM To: Chairs,Tom Cc: Youman, Andy S. <Andy.Youman(aKlineSpecter.com> Subject: RE: Hartzell--HSH discovery responses Tom: Please let us know when we can expect the discovery responses of your clients in this matter. Best, Geary Geary L.Yeisley,MD,JD Kline&Specter,PC 1525 Locust Street Philadelphia,PA 19102 215-772-2475(direct) 267-303-8786(cell) 215-772-1005(fax) From: Yeisley, Geary Sent: Monday,April 15, 2013 12:39 PM To: 'tchairs©dmclaw.com' Cc: Youman, Andy S. Subject: RE: Hartzell--HSH discovery responses Tom: I believe you owe us discovery responses for HSH,Holy Spirit Health System,and Dr.Kaushik.Any idea when we might be receiving them?We need to review the discovery responses before we can discuss your suggestion of substituting Spirit Physician Services,Inc for Holy Spirit Health System. Best, 1 • Geary Geary L.Yeisley,MD,JD Kline&Specter,PC 1525 Locust Street Philadelphia,PA 19102 215-772-2475(direct) 267-303-8786(cell) 215-772-1005(fax) From: Yeisley, Geary Sent: Wednesday, March 20, 2013 4:47 PM To: tchairsCc�dmclaw.com Cc: Youman, Andy S. Subject: Hartzell--Spirit Physician Services, Inc. Tom: We are in receipt of your March 13 letter regarding Spirit Physician Services,Inc. Thank you for accepting service. We have reviewed the Stipulation providing for the substitution of Spirit Physician Services, Inc.as a defendant in place of Holy Spirit Health System. We would like to review the discovery responses(due 4/1/13)for Holy Spirit Hospital and Holy Spirit Health System before agreeing to this stipulation. Best, Geary Geary L.Yeisley,MD,JD Kline&Specter,PC 1525 Locust Street Philadelphia,PA 19102 215-772-2475(direct) 267-303-8786(cell) 215-772-1005(fax) 2 /".2 ,r T \/- Maureen Klaus From: Yeisley, Geary Sent: Thursday, June 06, 2013 2:50 PM To: Chairs, Tom Cc: Youman,Andy S.; Neveling, Jean; Maureen Klaus Subject: RE: Hartzell--HSH discovery responses Tom: We received discovery responses from HSH,but none from Holy Spirit Health System or Dr.Kaushik. Please let me know when we might receive these Responses.We need to review the discovery responses before we can discuss your suggestion of substituting Spirit Physician Services,Inc for Holy Spirit Health System. Thanks, Geary Geary L.Yeisley,MD,JD Kline&Specter,PC 1525 Locust Street Philadelphia,PA 19102 215-772-2475(direct) 267-303-8786(cell) 215-772-1005(fax) From: Chairs,Tom [mailto:TChairsCadmclaw.com] Sent: Monday, April 22, 2013 5:50 PM To: Yeisley, Geary; Youman, Andy S. Subject: Re: Hartzell--HSH discovery responses First response went out in the mail Thursday. If you don't have it by tomorrow let me know and I will re-send. From: Yeisley, Geary [mailto:Geary.YeisleyC lKlineSpecter.com] Sent: Monday, April 22, 2013 05:46 PM To: Chairs, Tom Cc: Youman, Andy S. <Andy.YoumanKlineSpecter.com> Subject: RE: Hartzell--HSH discovery responses Tom: Please let us know when we can expect the discovery responses of your clients in this matter. Best, Geary Geary L.Yeisley,MD,JD Kline&Specter,PC 1525 Locust Street Philadelphia,PA 19102 215-772-2475(direct) 267-303-8786(cell) 215-772-1005(fax) From: Yeisley, Geary Sent: Monday, April 15, 2013 12:39 PM To: 'tchairs @dmclaw.com' Cc: Youman, Andy S. Subject: RE: Hartzell--HSH discovery responses Tom: 1 I believe you owe us discovery responses for HSH, Holy Spirit Health System,and Dr.Kaushik.Any idea when we might be receiving them?We need to review the discovery responses before we can discuss your suggestion of substituting Spirit Physician Services,Inc for Holy Spirit Health System. Best, Geary Geary L.Yeisley,MD,JD Kline&Specter,PC 1525 Locust Street Philadelphia,PA 19102 215-772-2475(direct) 267-303-8786(cell) 215-772-1005 (fax) From: Yeisley, Geary Sent: Wednesday, March 20, 2013 4:47 PM To: tchairs @dmclaw.com Cc: Youman, Andy S. Subject: Hartzell--Spirit Physician Services, Inc. Tom: We are in receipt of your March 13 letter regarding Spirit Physician Services,Inc. Thank you for accepting service. We have reviewed the Stipulation providing for the substitution of Spirit Physician Services,Inc.as a defendant in place of Holy Spirit Health System. We would like to review the discovery responses(due 4/1/13)for Holy Spirit Hospital and Holy Spirit Health System before agreeing to this stipulation. Best, Geary Geary L.Yeisley,MD,JD Kline&Specter,PC 1525 Locust Street Philadelphia,PA 19102 215-772-2475(direct) 267-303-8786(cell) 215-772-1005(fax) 2 \/c, x r.: KLINE Sc SPECTER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW THE NINETEENTH FLOOR 1525 LOCUST STREET PHILADELPHIA, PENNSYLVANIA 19102 WWW.KLI N ESPECTER.COM GEARY L. YEISLEY, M.D., J.D. 215-772-1000 GEARY.YEISLEY®KLINESPECTER.COM FAX: 215-'772-1359 June 6, 2013 Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie,McCamey& Chilcote, P.C. Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 RE: Brenda D. Hartzell, Executor of the Paul C. Hartzel, deceased v. Holy Spirit Hospital, et Al. Court of Common Pleas, Cumberland County No. 12--4665 Dear Mr. Chairs: We recently received your discovery responses for Holy Spirit Hospital in the above captioned matter. I find them to be deficient in several respects. I have set forth below a list of interrogatories and requests that I believe require additional information. 1. Interrogatory No. 4 requests "the table of contents and/or index of Holy Spirit Hospital's Policies and Procedures in effect on March 4th through March 8th, 2011." Your response indicates that this Interrogatory is "overly broad, burdensome and not reasonably calculated to the discovery of admissible information." Plaintiff disagrees. The Interrogatory is not overly broad nor burdensome as it is limited to the "table of contents and/or index" of the policies and procedures rather than the actual policies and procedures themselves. Plaintiff also believes that this request is reasonably calculated to lead to discovery of admissible information since, undoubtedly, several of the policies will be relevant to this case. Please provide the responsive documents. • Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire June 6, 2013 Page -2- 2. Interrogatory No. 16: In addition to requesting the identity of the electronic medical records software used at Holy Spirit Hospital, this Interrogatory also requests the identity "the corporate employee most knowledgeable in clinical use of the software identified..." Please identify this individual or individuals. 3. Insurance Interrogatories No's 38, 40 and 47: As you know, the Pennsylvania Rules of Civil Procedure 4003.2 "Scope of Discovery. Insurance" states that "a party may obtain discovery of existence and terms of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or any of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment..." Please provide the name of the insurance carrier and the amount of coverage for both the primary insurance layer (please do not reply "statutory") and the excess layer of insurance beyond MCARE. If there are several layers of excess insurance, please identify the carrier and amount of coverage for each layer. As per our email exchange on June 6th, we still need the discovery responses for Holy Spirit Health System and Dr. Kaushik. You indicated that you were starting a trial and that you would make these discovery responses your priority in mid June. Please provide the requested discovery responses by July 15th in order to avoid motion practice. Very truly yours, ' .,ems • GE• 'V. YE GLY/mk cc: Michael Pipa,Esquire Craig A. Stone,Esquire / ,,,� L------7 [----' r z (. '"'.."----■-------■--.... _....--- . -,..,....„_ m x 2 2 • KLINE & SPECTER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW THE NINETEENTH FLOOR 1525 LOCUST STREET PHILADELPHIA, PENNSYLVANIA 19102 WWW.KLI NESPECTER.COM GEARY L. YEISLEY, M.D., J.D. GEARY.YEISLEY®KLINESPECTER.COM 215-772-1000 FAX: 215-772-1359 November 13, 2013 Thomas M. Chairs, Esquire Aaron S. Jayman,Esquire Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 RE: Brenda D. Hartzell,Executor of the Paul C. Hartzel, deceased v. Holy Spirit Hospital, et al. Court of Common Pleas, Cumberland County No. 12--4665 Dear Mr. Chairs: On June 6, 2013, our office sent you a letter regarding the following outstanding discovery information: 1. Interrogatory No. 4 requests "the table of contents and/or index of Holy Spirit Hospital's Policies and Procedures in effect on March 4th through March 8th, 2011." Your response indicated that this Interrogatory was "overly broad, burdensome and not reasonably calculated to the discovery of admissible information." Plaintiff disagrees. The Interrogatory is not overly broad nor burdensome as it is limited to the "table of contents and/or index" of the policies and procedures rather than the actual policies and procedures themselves. Plaintiff also believes that this request is reasonably calculated to lead to discovery of admissible information since, undoubtedly, several of the policies will be relevant to this case. Please provide the responsive documents. Thomas M. Chairs,Esquire Aaron S. Jayman, Esquire November 13, 2013 Page -2- 2. Interrogatory No. 16: In addition to requesting the identity of the electronic medical records software used at Holy Spirit Hospital, this Interrogatory also requests the identity "the corporate employee most knowledgeable in clinical use of the software identified..." Please identify this individual or individuals. 3. Insurance Interrogatories No's 38, 40 and 47: As you know, the Pennsylvania Rules of Civil Procedure 4003.2 "Scope of Discovery. Insurance" states that "a party may obtain discovery of existence and terms of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or any of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment..." Please provide the name of the insurance carrier and the amount of coverage for both the primary insurance layer (please do not reply "statutory") and the excess layer of insurance beyond MCARE. If there are several layers of excess insurance, please identify the carrier and amount of coverage for each layer. On August 7, 2013, you wrote to my office and advised that you stand by your objection set forth in your interrogatory responses that the audit log entries after March 8, 2011 would be beyond the scope of discovery and not reasonably calculated to lead to the discovery of admissible information. We disagree and again request that you provide the audit trail from March 4, 2011 to the present. In addition to the above outstanding discovery, the discovery responses for Holy Spirit Health System are long overdue. You indicated that you were starting a trial and that you would make these discovery responses your priority in mid June. To date we have not received the discovery responses. Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire November 13, 2013 Page -3- Also, on September 30, 2013, we requested dates of availability for the deposition of Hermant Patel, M.D. To date, we have not received any response. Please provide dates of availability for Dr. Patel's deposition. Please provide the requested discovery responses within thirty (30) days in order to avoid motion practice. Thank you in advance for your continued cooperation and courtesies in this matter. Very truly yours, 40000:0„, 4dif ARrd• GLY/mk cc: Michael Pipa,Esquire Craig A. Stone,Esquire Maureen Klaus From: Yeisley, Geary Sent: Friday, December 13, 2013 9:58 AM To: 'tchairs @dmclaw.com' Cc: Youman, Andy S.; Neveling, Jean; Maureen Klaus Subject: RE: Hartzell issues Tom: Thanks for getting back to me yesterday.Please send several potential dates for deps of Dr.Patel,PA Snyder,and the plaintiff. I will recirculate a revised scheduling order pushing back discovery deadline to May 1. I also look forward to seeing your"proposal"to resolve the outstanding discovery issues. Best, Geary From: Yeisley, Geary Sent: Thursday, December 12, 2013 1:46 PM To: 'tchairs @dmclaw.com' Cc: Youman, Andy S.; Neveling, Jean; Maureen Klaus Subject: RE: Hartzell--proposed scheduling order Tom: I left two voicemail messages for you(one yesterday after your call and one just now). I have a new client meeting from 2-3 but will be available thereafter at my direct line or cell. I will be on my cell tomorrow. Best, Geary Geary L.Yeisley,MD,JD Kline&Specter,PC 1525 Locust Street Philadelphia,PA 19102 215-772-2475(direct) 267-303-8786(cell) 215-772-1005(fax) From: Yeisley, Geary Sent: Tuesday, December 03, 2013 10:57 AM To: tchairs @dmclaw.com Cc: Youman, Andy S.; Pipa, Michael D.; Stone, Craig A. Subject: RE: Hartzell--proposed scheduling order Tom: Do you wish to join? Geary From: Pipa, Michael D. [mailto:MDP @stevenslee.com] Sent: Tuesday, November 26, 2013 5:09 PM To: Stone, Craig A.; Yeisley, Geary; tchairs @dmclaw.com Cc: Youman, Andy S. Subject: RE: Hartzell--proposed scheduling order I second Mr.Stone's comments. Thank you. 1 Mike Michael D. Pipa, Esq. Stevens &Lee, P.C. 17 N. Second St., 16th Floor Harrisburg, PA 17101 OFFICE LINE: 717-255-7376 MOBILE: 610-348-6497 FAX: 610-371-7743 From: Stone, Craig A. [mailto:CAStoneCaMDWCG.com] Sent: Tuesday, November 26, 2013 3:57 PM To: Yeisley, Geary; Pipa, Michael D.; 'tchairs @dmclaw.com' Cc: Youman, Andy S. Subject: RE: Hartzell--proposed scheduling order Gary I request 60 days for defense reports or until June 15, 2014. One month for replies should be enough. Otherwise ok with me. Craig Craig A. Stone, Esq. 100 Corporate Center Drive Suite 201 Board Certified Civil Trial Advocate by the Camp Hill,PA 17011 National Board of Trial Advocacy Direct: (717)651-3502 io I e-mail I website Main: (717)651-3500 Fax: (717)651-3707 This e-mail transmission and any documents,files or previous e-mail messages attached to it,are confidential and are protected by the attorney-client privilege and/or work product doctrine.If you are not he intended recipient,or a person responsible for delivering it to the intended recipient,you are hereby notified that any review,disclosure,copying,dissemination,distribution or use of any of the nformation contained in,or attached to this e-mail transmission is STRICTLY PROHIBITED.If you have received this transmission in error,please immediately notify me by forwarding this e-mail to :AStone(5iMDWCG.com,or by telephone at(717)651-3502 and then delete the message and its attachments from your computer. From: Yeisley, Geary [mailto:Geary.Yeisley1 KlineSDecter.com] Sent:Tuesday, November 26, 2013 3:52 PM • To: 'mdp @stevenslee.com'; 'tchairs @dmclaw.com'; Stone, Craig A. Cc: Youman, Andy S. Subject: Hartzell--proposed scheduling order entlemen: [would like to ask the Court to approve a Scheduling Order agreed to in advance by all counsel. I have attached a proposed Scheduling Order. Please let me know if it is acceptable. Best, .teary teary L.Yeisley,MD,JD Dine&Specter,PC [525 Locust Street 'hiladelphia,PA 19102 115-772-2475(direct) :67-303-8786(cell) 2 215-772-1005(fax) This email may contain privileged and confidential information and is solely for the use of the sender's intended recipient(s).If you received this email in error, please notify the sender by reply email and delete all copies and attachments.Thank you. 3 m x • L... • a- C- Maureen Klaus From: Yeisley, Geary Sent: Monday, January 06, 2014 7:45 AM To: 'tchairs @dmclaw.com' Cc: Youman, Andy S.; Neveling, Jean; Maureen Klaus Subject: RE: Hartzell issues Tom: As below,I still need deposition dates for Dr.Patel and PA Snyder,as well as discovery issues re HSH and HSHS (audit trail and amount/carriers of excess insurance layers for HSH,and initial discovery responses for HSHS). I would really like to avoid motion practice and I think I have been fairly patient,but please be advised that I will need to file a Motion if we cannot resolve these issues within 10 days. Best, Geary Geary L.Yeisley,MD,JD Kline&Specter,PC 1525 Locust Street Philadelphia,PA 19102 215-772-2475(direct) 267-303-8786(cell) 215-772-1005(fax) From: Yeisley, Geary Sent: Friday, December 13, 2013 9:58 AM To: 'tchairs @dmclaw.com' Cc: Youman, Andy S.; Neveling, Jean; Maureen Klaus Subject: RE: Hartzell issues Tom: Thanks for getting back to me yesterday.Please send several potential dates for deps of Dr.Patel,PA Snyder,and the plaintiff. I will recirculate a revised scheduling order pushing back discovery deadline to May 1. I also look forward to seeing your"proposal"to resolve the outstanding discovery issues. Best, Geary From: Yeisley, Geary Sent:Thursday, December 12, 2013 1:46 PM To: 'tchairs @dmclaw.com' Cc: Youman, Andy S.; Neveling, Jean; Maureen Klaus Subject: RE: Hartzell--proposed scheduling order Tom: I left two voicemail messages for you(one yesterday after your call and one just now). I have a new client meeting from 2-3 but will be available thereafter at my direct line or cell. I will be on my cell tomorrow. Best, Geary Geary L.Yeisley,MD,JD Kline&Specter,PC 1525 Locust Street Philadelphia,PA 19102 215-772-2475(direct) 267-303-8786(cell) 215-772-1005(fax) 1 From: Yeisley, Geary Sent: Tuesday, December 03, 2013 10:57 AM To: tchairs@dmclaw.com Cc: Youman, Andy S.; Pipa, Michael D.; Stone, Craig A. Subject: RE: Hartzell--proposed scheduling order Tom: Do you wish to join? Geary From: Pipa, Michael D. [mailto:MDP@stevenslee.com] Sent:Tuesday, November 26, 2013 5:09 PM To: Stone, Craig A.; Yeisley, Geary; tchairs@dmclaw.com Cc: Youman, Andy S. Subject: RE: Hartzell--proposed scheduling order I second Mr.Stone's comments. Thank you. Mike Michael D. Pipa, Esq. Stevens & Lee, P.C. 17 N. Second St., 16th Floor Harrisburg, PA 17101 OFFICE LINE: 717-255-7376 MOBILE: 610-348-6497 FAX: 610-371-7743 From: Stone, Craig A. [mailto:CAStone@MDWCG.com] Sent: Tuesday, November 26, 2013 3:57 PM To: Yeisley, Geary; Pipa, Michael D.; 'tchairs @dmclaw.com' Cc: Youman, Andy S. Subject: RE: Hartzell--proposed scheduling order Gary I request 60 days for defense reports or until June 15, 2014. One month for replies should be enough. Otherwise ok with me. Craig Craig A. Stone, Esq. 100 Corporate Center Drive Suite 201 Board Certified Civil Trial Advocate by the Camp Hill,PA 17011 National Board of Trial Advocacy Direct: (717)651-3502 bio i website Main: (717)651-3500 Fax: (717)651-3707 2 Thls e-mail transmission and any documents,files or previous e-mail messages attached to it,are confidential and are protected by the attorney-client privilege and/or work product doctrine.If you are not the intended recipient,or a person responsible for delivering it to the intended recipient,you are hereby notified that any review,disclosure,copying,dissemination,distribution or use of any of the information contained in,or attached to this e-mail transmission is STRICTLY PROHIBITED.If you have received this transmission in error,please immediately notify me by forwarding this e-mail to CAStone(aMDWCG.com,or by telephone at(717)651-3502 and then delete the message and its attachments from your computer. From: Yeisley, Geary [mailto:Geary.YeisleyCa�KlineSpecter.com] Sent:Tuesday, November 26, 2013 3:52 PM To: 'mdp @stevenslee.com'; 'tchairs @dmclaw.com'; Stone, Craig A. Cc: Youman, Andy S. Subject: Hartzell--proposed scheduling order Gentlemen: I would like to ask the Court to approve a Scheduling Order agreed to in advance by all counsel. I have attached a proposed Scheduling Order. Please let me know if it is acceptable. Best, Geary Geary L.Yeisley,MD,JD Kline&Specter,PC 1525 Locust Street Philadelphia,PA 19102 215-772-2475(direct) 267-303-8786(cell) 215-772-1005(fax) This email may contain privileged and confidential information and is solely for the use of the sender's intended recipient(s).If you received this email in error, please notify the sender by reply email and delete all copies and attachments,Thank you. 3 • m x C- • KLINE & SPECTER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW THE NINETEENTH FLOOR 1525 LOCUST STREET PHILADELPHIA, PENNSYLVANIA 19102 WWW.KLINESPECTER.COM GEARY L. YEISLEY, M.D., J.D. GEARY.YEISLEY®KLINESPECTER.COM 215-772-1000 FAX: 215-772-1 359 July 29, 2013 Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 RE: Brenda D. Hartzell, Executor of the Paul C. Hartzel, deceased v. Holy Spirit Hospital, et al. Court of Common Pleas, Cumberland County No. 12--4665 Dear Mr. Chairs: Please be advised that we are in receipt of the audit trail provided by Holy Spirit Hospital in response to plaintiff's Interrogatories and Request for Production of Documents. This document produced is incomplete as we requested an audit trail from March 4, 2011 to the present. Please provide us with the complete audit trail from March 4, 2011 to the present, as originally requested. Very truly yours, ARY L. EISLE • GLY/mk cc: Michael Pipa, Esquire Craig A. Stone, Esquire m x r • KLINE & SPECTER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW THE NINETEENTH FLOOR 1525 LOCUST STREET PHILADELPHIA, PENNSYLVANIA 19102 WWW.KLI N ES PECTE R.COM GEARY L. YEISLEY, M.D., J.D. 215-772-1000 GEARY.YEISLEY®KLINESPECTER.COM FAX: 215-772-1359 September 30, 2013 Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 RE: Brenda D. Hartzell, Executor of the Paul C. Hartzel, deceased v. Holy Spirit Hospital, et al. Court of Common Pleas, Cumberland County No. 12--4665 Dear Mr. Chairs: I am requesting dates of availability for the deposition of Hermant Patel, M.D. Kindly contact my assistant, Maureen Klaus at Maureen.klaus(dlklinespecter.com within the next two weeks with potential deposition dates. Thank you. Very truly yours, ' E A RY . YEI Y GLY/mk cc: Michael Pipa, Esquire Craig A. Stone, Esquire r •. m x • 0 74: (\.) • KLINE & SPECTER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW THE NINETEENTH FLOOR 1525 LOCUST STREET PHILADELPHIA, PENNSYLVANIA 19102 WWW.KLI N ESPECTER.COM GEARY L. YEISLEY, M.D., J.D. 215-772-1000 GEARY.YEISLEY @KLINESPECTER.COM FAX: 215-772-1359 November 13, 2013 Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 RE: Brenda D. Hartzell, Executor of the Paul C. Hartzel, deceased v. Holy Spirit Hospital, et al. Court of Common Pleas, Cumberland County No. 12-4665 Dear Mr. Chairs: On June 6, 2013, our office sent you a letter regarding the following outstanding discovery information: 1. Interrogatory No. 4 requests "the table of contents and/or index of Holy Spirit Hospital's Policies and Procedures in effect on March 4th through March 8th, 2011." Your response indicated that this Interrogatory was "overly broad, burdensome and not reasonably calculated to the discovery of admissible information." Plaintiff disagrees. The Interrogatory is not overly broad nor burdensome as it is limited to the "table of contents and/or index" of the policies and procedures rather than the actual policies and procedures themselves. Plaintiff also believes that this request is reasonably calculated to lead to discovery of admissible information since, undoubtedly, several of the policies will be relevant to this case. Please provide the responsive documents. Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire November 13, 2013 Page -2- 2. Interrogatory No. 16: In addition to requesting the identity of the electronic medical records software used at Holy Spirit Hospital, this Interrogatory also requests the identity "the corporate employee most knowledgeable in clinical use of the software identified..." Please identify this individual or individuals. 3. Insurance Interrogatories No's 38, 40 and 47: As you know, the Pennsylvania Rules of Civil Procedure 4003.2 "Scope of Discovery. Insurance" states that "a party may obtain discovery of existence and terms of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or any of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment..." Please provide the name of the insurance carrier and the amount of coverage for both the primary insurance layer (please do not reply"statutory") and the excess layer of insurance beyond MCARE. If there are several layers of excess insurance, please identify the carrier and amount of coverage for each layer. On August 7, 2013, you wrote to my office and advised that you stand by your objection set forth in your interrogatory responses that the audit log entries after March 8, 2011 would be beyond the scope of discovery and not reasonably calculated to lead to the discovery of admissible information. We disagree and again request that you provide the audit trail from March 4, 2011 to the present. In addition to the above outstanding discovery, the discovery responses for Holy Spirit Health System are long overdue. You indicated that you were starting a trial and that you would make these discovery responses your priority in mid June. To date we have not received the discovery responses. • Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire November 13, 2013 Page -3- Also, on September 30, 2013, we requested dates of availability for the deposition of Hermant Patel, M.D. To date, we have not received any response. Please provide dates of availability for Dr. Patel's deposition. Please provide the requested discovery responses within thirty (30) days in order to avoid motion practice. Thank you in advance for your continued cooperation and courtesies in this matter. Very truly yours, jo/foiromoiOir, 4 . • mss GLY/mk cc: Michael Pipa,Esquire Craig A. Stone,Esquire m x a Z • KLINE & SPECTER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW THE NINETEENTH FLOOR 1525 LOCUST STREET PHILADELPHIA, PENNSYLVANIA 19102 WWW.KLI NESPECTER.CO M GEARY L. YEISLEY, M.D., J.D. GEARY.YEISLEY@KLINESPECTER.COM 215-772-1000 FAX: 215-772-1359 November 20, 2013 Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote,P.C. Plaza 21, Suite 302 425 North 21st Street Camp Hill,PA 17011 RE: Brenda D. Hartzell,Executor of the Paul C. Hartzel, deceased v. Holy Spirit Hospital, et al. Court of Common Pleas, Cumberland County No. 12-4665 Dear Mr. Chairs: I am requesting dates of availability for the deposition of Morgan L. Snyder, PA-C who dictated the History & Physical signed by Dr. Patel. Please see attached. Kindly contact my assistant, Maureen Klaus at Maureen.klausna klinespecter.com within the next two weeks with potential deposition dates. Thank you. Very truly yours, L. GLY/mk cc: Michael Pipa,Esquire Craig A. Stone,Esquire • ADM. DATE: 03/04/2011 • CHIEF COMPLAINT; Chest pain. HISTORY OF PRESENT ILLNESS: The patient is a 61-year-old male who presents to the ED today complaining of sudden onset of chest pain around lunchtime. He describes the pain as a sharp sensation in his anterior chest that did radiate up into his jaw, around into his back, up to his left shoulder,and down his left arm. He states that the pain lasted well over an hour. He was given a nitroglycerin which gave him some relief, Chest pain was completely resolved after the third nitroglycerin he was given. Currently, he is chest pain free. He states that he does still feel like he has some generalized muscle pain throughout his entire body including his arms, his neck, and his legs; although the chest pain is now resolved. He denies any associated shortness of breath, palpitations, dizziness, diaphoresis, nausea, or vomiting. No fever or chills. He does have an occasional cough which is nonproductive. No changes in his bowel or bladder habits. He does have left lower extremity cellulitis for which he has been on doxycycline for about a month as an outpatient. Originally, he was taking it twice a day, although recently the dose was decreased to once daily, and the redness of the lower extremity got much worse. No known fever or chills at home. • PAST MEDICAL HISTORY: Atrial fibrillation, diabetes mellitus type 2,dyslipidemia, gout, hypertension, benign prostatic hypertrophy. History of congestive heart failure and left lower extremity cellulitis. PAST SURGICAL HISTORY: Left foot knee surgery and cardiac catheterization performed about 1 year ago which showed nonocciusive disease, FAMILY HISTORY: The patient states that his uncle died of a myocardial infarction. Mottier died due to heart valve malfunction. SOCIAL HISTORY: The patient lives at home with his wife. No tobacco, alcohol, or illicit drug use. REVIEW OF SYSTEMS: The patient reports chest pain and generalized muscle pain. He has left lower extremity pain, redness,and swelling, All other systems are reviewed in detail with the patient and are negative unless otherwise mentioned in the HPI. MEDICATIONS: Home medications include: 1. Allopurinol 100 mg once daily. 2. Fexofenadlne 180 mg once daily. 3. Finasteride 5 mg once daily. • 4. Furosemide 40 mg twice daily. 5. Glipizide 5 mg daily. 6. Potassium 20 mEq 1-1/2 half tablets twice daily. P.•eIof4 HOLY SPIRIT HOSPITAL Camp Hill, PA NAME: Hartzell Jr, Paul C 17011 MR#: 474932 ROOM: MS8W644 01 HISTORY AND PHYSICAL DR. HEMANT C. PATEL, M.D. EXAMINATION DOS: 05/01/1949 • • 000008 • • NAME: Hartzell JAI C WV: 474932 7. Coumadin 5 mg Sunday/Tuesday/Wednesday/Friday/Saturday, 7.5 mg Monday and Thursday. 8. Bystolic 10 mg once daily. 9. Doxycyciine 100 mg twice daily. 10. Benicar 20 mg once daily. 11. Lipitor 20 mg once daily. 12.Aspirin 81 mg once daily. ALLERGIES: PENICILLIN. PHYSICAL EXAMINATION VITALS: The patient is afebrile. Blood pressure 161/103,pulse 76, respirations 16. SPO2 94% on room air. GENERAL: The patient is awake and alert. He is in no acute distress. HEENT: Head: Is normocephalic and atraumatic. Eyes: Pupils equal, round and reactive to light and accommodation;extraocular motions intact; sclerae non-icteric. Mouth and Throat: Mucous membranes are somewhat dry. NECK: Supple without lymphadenopathy or obvious JVD. CARDIOVASCULAR: Heart: Irregularly irregular. LUNGS: Clear to auscultation bilaterally. ABDOMEN: Bowel sounds are present. Abdomen is soft, nontender,nondistended. MUSCULOSKELETAL: There is 2-3+pitting edema of patient's lower extremities. No cyanosis or clubbing. SKIN: Warm and dry. Erythema noted of the left lower extremity. The area is warm to touch and tender to palpation. NEUROLOGIC: No focal neuro deficit LABORATORY DATA: CBC:white blood cells 7.6, hemoglobin 15.3, hematocrit 44.6, platelets 122. CMP: sodium 140, potassium 4.1,chloride 104, bicarb 25, BUN 20, creatinine 1. Glucose 133. PT and INR is 25.6 and 2.7. CK is 188. CK-MB is 5.7. Troponin T is less than 0.01. Chest x-ray reports overall stable, maybe tiny right pleural effusion. EKG shows atrial fibrillation at a rate of 69 beats per minute with possible anterolaterat infarct which is old when compared to previous EKG. Bilateral duplex is negative for DVT. Page 2 of 4 HOLY SPIRIT HOSPITAL Camp Hill, PA NAME: Hartzell Jr, Paul C 17011 MR*, 474932 ROOM: MS8W844 01 HISTORY AND PHYSICAL DR.: HEMANT C. PATEL, M.D. EXAMINATION DOB: 05f011194$ 000009 NAME: Hartzell Jr, Paul C • MR#: 474932 IMP RESSIONIDIAGNOSISIPLAN: 1. Chest pain, rule out acute coronary syndrome. Recheck the patient's cardiac enzymes overnight x3. I will keep him n.p.o. after midnight for stress test in the morning. Consult Associated Cardiologists for any further recommendations. In the meantime, will continue aspirin, beta blockers, and nitroglycerin p.r.n., and oxygen via nasal cannula. 2. Left lower extremity cellulitis. Will start patient on IV antibiotics. He did fail outpatient treatment. Consider Infectious Disease if no improvement. 3. Generalized muscle aches and pain, possibly secondary to Lipitor which he started 3-4 weeks ago. Will hold the Lipitor for now. Will also hold his Lasix for now and monitor his CK. 4. Chronic atrial'fibrillation, rate controlled on Coumadin. Will continue him on his home dose and check the INR in the morning. 5. Thrombocytopenia. Will recheck in the morning. 5. Diabetes mellitus type 2. Continue home medications with sliding scale insulin as needed. Bedside blood glucose monitoring. 7. Hypertension. Continue on home medications. 8. History of congestive heart failure. 9. Dyslipidemia. I explained my plan in detail to the patient. He agrees and understands. The above patient was seen and examined along with Dr. Patel and he agrees with my assessment and plan. Page 3 of 4 HOLY SPIRIT HOSPITAL Camp Hill, PA NAME: Hartzell Jr, Paul C 17011 MR#: 474932 ROOM: MS8W844 01 HISTORY AND PHYSICAL g9Ta. MD. EXAMINATION 49 • 000010 • NAME: Hartzell Jr, i C MR#: 474932 Thank you for allowing me to participate in the care of this patient. Note: Dictated by Morgan L, Snyder. PA-C ELECTRONICALLY SIGNED BY: HEMANT C. PATEL, M.D. 03/07/2011 13:06 HEMANT C. PATEL, M.D. DATE/TIME HP/jec DOC#: 1003593 D: 03/04/2011 9:48 P T: 03/05/2011 11:13 A 000546308 cc: CARDIOLOGISTS ASSOCIATED ROBERT P MATSKO,JR, DO SHAHJAHAN MOLLA, M.D. HEMANT C. PATEL, M.D. Paige 4of4 HOLY SPIRIT HOSPITAL Camp Hill, PA NAME: Hartzell Jr, Paul C 17011 MR#: 474932 ROOM: MS8W844 01 HISTORY AND PHYSICAL DR.: HEMANT C. PATEL, M.D. EXAMINATION DOB: 05101!1$49 000011 BRENDA D. HARTZELL, : IN THE COURT OF COMMON PLEAS OF Administratrix of the Estate of : CUMBERLAND COUNTY, PENNSYLVANIA PAUL C. HARTZELL, JR., DECEASED, : PLAINTIFF : • r° . -,i Z z• HOLY SPIRIT HOSPITAL, ET AL., • DEFENDANTS : 12-4665 CIVIL TERM ORDER OF COURT ' /r2.7 AND NOW, this day of February, 2014, upon consideration of Plaintiff's Motion to Compel, a Rule is issued on Defendants to show cause why the relief requested should not be granted. This rule is returnable twenty (20) days from the date of this order. If Defendants' response does not satisfactorily resolve the outstanding issues, the parties shall appear in the chambers of the undersigned for a discovery/status/scheduling conference on the 14th day of March, 2014, at 3:00 p.m. If the parties are able to reach a stipulation regarding the course this case shall follow, they shall submit the same to the court prior to and in lieu of the aforesaid conference. Otherwise, they shall appear in chambers. By the Court, #1111111:11hef- .41I"P Albert H. Maslan•�- rr Andrew S. Youman, Esquire For Plaintiff ichael D. Pipa, Esquire For Defendants, Jeffery S. Fugate, D.O., Ira Sackman, M.D., and Associated Cardiologists, P.C. Aomas M. Chairs, Esquire Aaron S. Jayman, Esquire For Defendants, Holy Spirit Hospital, Holy Spirit Health System, and Sushma Kaushik, M.D. -aig A. Stone, Esquire For Defendant, Kerri Mateer, PA-C :sal Copi'es' irLatLczt, exa(A \\arkT -e1 ak CLL., -40a-quUS CERTIFICATE OF SERVICE I, Geary L. Yeisley, Esquire, hereby certify that a true and correct copy of the Court's Order dated February 19, 2014 and Rule Returnable within twenty (20) days with a discovery conference scheduled for March 14, 2014 at 3:00 p.m. at Cumberland County Courthouse if issues are not resolved was hereby served this 24th day of February 2014, via email and first class mail, upon the following: Michael D. Pipa, Esquire Stevens & Lee 17 North Second Street, 16h Floor Harrisburg, PA 17101 Counsel for Defendants, Jeffery S. Fugate, D.O., Ira Sackman, M.D., and Associated Cardiologists, P.C. Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 Counsel for Defendants, Holy Spirit Hospital, Holy Spirit Health System, and Sushma Kaushik, M.D. DATE: Craig A. Stone, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Counsel for Defendant, Kerri Mateer, PA -C t% r . 2006214.doc DICKIE, MCCAMEY & CHILCOTE, P.C. BY: Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 BY: Aaron S. layman, Esquire ATTORNEY I.D. NO. 85651 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 717 - 731 -4800 (Tele) 888 - 811 -7144 (Fax) ATTORNEY FOR: DEFENDANTS HOLY SPIRIT HOSPITAL and HOLY SPIRIT HEALTH SYSTEM, SUSHMA KAUSHIK, M.D. BRENDA D. HARTZELL, Administratrix of the Estate of PAUL C. HARTZELL, JR., Deceased, • Plaintiff, v. HOLY SPIRIT HOSPITAL; HOLY SPIRIT HEALTH SYSTEM; SUSHMA KAUSHIK, M.D.; JEFFREY S. FUGATE, D.O.; KERRI MATEER, PA. -C.; IRA SACKMAN, M.D. AND ASSOCIATED CARDIOLOGISTS, P.C., Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-4665 CIVIL ACTION - MEDICAL JURY TRIAL DEMANDED RESPONSE TO PLAINTIFF'S MOTION TO COMPEL DIRECTED TO DEFENDANTS. HOLY SPIRIT HOSPITAL AND HOLY SPIRIT HEALTH SYSTEM AND NOW, come Defendants, Holy Spirit Hospital and Holy Spirit Health System, by and through their counsel, Dickie, McCamey & Chilcote, P.C. and hereby respond to Plaintiff's Motion to Compel as follows: A. MOTION TO COMPEL HOLY SPIRIT HEALTH SYSTEM TO PROVIDE RESPONSES TO PLAINTIFF'S INITIAL INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS 1. -18. Denied as moot. On March 12, 2014, Answers to Plaintiffs Interrogatories and Request for Production of Documents were provided to Plaintiffs counsel. See, Exhibit "A." In addition, an Affidavit of Non - Involvement on behalf of the Holy Spirit Health System was provided. See, Exhibit "B." B. MOTION TO COMPEL DEFENDANT HOLY SPIRIT HOSPITAL TO PROVIDE MORE SPECIFIC SUBSTANTIVE ANSWERS TO PLAINTIFF'S INITIAL INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS. 19. -30. The information Plaintiff requested is not reasonably calculated to lead to the discovery of admissible evidence and is confidential and privileged. Plaintiff's Motion should be denied. 1. Insurance On March 13, 2104, Defendant, Holy Spirit Hospital, provided Plaintiffs counsel with an Affidavit of Available Insurance Coverage that is applicable to this claim on behalf of the hospital. See Exhibit "C." The Affidavit complies with the requirements of Pa.R.C.P.4003.2. Plaintiff seeks additional insurance information beyond the scope of Pa.R.C.P. 4003.2. To the extent that Plaintiff seeks confidential and proprietary insurance information the request should be denied. 2. Audit Trail Plaintiff requests an audit trail from March 4, 2011 to the present. Holy Spirit Hospital has already produced the audit trail from March 4 through March 8, 2011. See. Exhibit "D." The Plaintiff's decedent was admitted at Holy Spirit Hospital from March 4th through March 8th. Plaintiffs decedent died on March 8, 2011. Plaintiff seeks the audit trail starting after the death of Plaintiffs decedent up to the present time. A patient safety /quality review began on March 8, 2011, following the death of Plaintiffs decedent. All information contained on the audit trail after March 8, 2011 is privileged and not subject to disclosure pursuant to the Patient Safety Act and, more specifically, 40 P.S. § 2 1303.11(a) which provides that investigations which arise out of matters reviewed by the patient safety officer are confidential and shall not be discoverable or admissible as evidence in any civil proceeding. Plaintiffs request for the audit trail after March 8, 2011 should be denied. C. MOTION TO COMPEL DEPOSITIONS 32. -41. Denied as moot. The depositions of Dr. Patel and Morgan Snyder PA -C have been scheduled. WHEREFORE, Defendants, Holy Spirit Hospital and Holy Spirit Health System respectfully request that this Honorable Court deny Plaintiffs motion and enter the Order attached hereto. Date: March 14. 2014 Respectfully Submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. By: Thomas Iji airs, Esquire Attorne . 1. No. 78565 Aaron S. Jayman, Esquire Attorney I.D. No. 85651 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 -2223 717 - 731 -4800 Attorney for Defendants, Holy Spirit Hospital, Holy Spirit Health System and Sushma Kaushik, M.D. 3 EXHIBIT A 1997305.doc DICKIE, MCCAMEY & CHILCOTE, P.C. BY: Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 BY: Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 717-731-4800 (Tele) 888 - 811 -7144 (Fax) ATTORNEY FOR: DEFENDANTS HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM AND SUSHMA KAUSHIK, M.D. BRENDA D. HARTZELL, Administratrix of IN THE COURT OF COMMON PLEAS OF the Estate of PAUL C. HARTZELL, JR., CUMBERLAND COUNTY, PENNSYLVANIA Deceased, Plaintiff, v. HOLY SPIRIT HOSPITAL; HOLY SPIRIT HEALTH SYSTEM; SUSHMA KAUSHIK, M.D.; JEFFREY S. FUGATE, D.O.; KERRI MATEER, PA. -C.; IRA SACKMAN, M.D. AND ASSOCIATED CARDIOLOGISTS, P.C., Defendants. NO. 12-4665 CIVIL ACTION - MEDICAL JURY TRIAL DEMANDED RESPONSES OF DEFENDANT HOLY SPIRIT HEALTH SYSTEM TO PLAINTIFF'S INTERROGATORIES AND REQUESTYOR PRODUCTION'OF DOCUMENTS 1. Please produce any and all medical records and /or documents regarding Paul C. Hartzell, Jr., deceased, including any and all computerized records. ANSWER: Plaintiffs decedent, Paul C. Hartzell, was treated at the Holy Spirit Hospital of the Sisters of Christian Charity. Holy Spirit Hospital of the Sisters of Christian Charity fulfills the corporate responsibilities for the hospital located at 521 North 215t Street, Camp Hill, Pennsylvania. 2. Please produce the audit trail documenting alt occas!ons when, and by whom, the computerized medical records of Paul C. Hartzell, Jr., deceased were accessed from March 4, 2011 through the present. ANSWER: See response to No. 1 3. Identify, by name and current busiriess address, each and every physcian, nurse practitioner, physician assistant, and nurse who were involved in the care of PauI C. Hartzell, Jr., deceased, at Holy Spirit Health System on March 4 through March 8, 2011. ANSWER: See response to No. 1 4. Please produce the Table of Contents and/or Index of Holy Spirit Health System's Policies and Procedures in effect in March 2011. ANSWER: See response to No. 1 5. Do you have a system, computerized or not, that permits heafth care providers to report problems, relating in any manner to patient care, to the administration of the hospital? Ifthe answer to this question is "yes," please respond to the following: (a) Did any health care provider utilize this system in relation to any of the facts relating to this lawsuit? (b) If the system was utilized, who utilized it and when was the report made? (c) Produce a copy of that report. (d) Was any action taken in response to any report made? If yes, what action was taken? (e) Produce a copy of all documents relating to the action taken in response to any report made. ANSWER: See response to No. 1 6. Please identify and produce any and all e-mails related to the care received by Paul C. Hartzell, Jr., deceased at Holy Spirit Health System from March 4 - March 8 2011 (To the extent that privilege is claimed as to certain responsive documents, please identify each such document by date, author, subject matter and identify the precise nature of the privilege claimed.) 2 ANSWER: See response to No. 1 7. Was any investigation undertaken by the Holy Spirit Health System or anyone affiliated with Holy Spirit Health System with respect to the care Paul C. Hartzell, Jr., deceased received at Holy Spirit Health System from March 4, 2011 through March 8, 2011? If so, please identify by name all person(s) involved in such investigation(s), the date of the investigation(s) and produce any and all documents related to such investigation(s). ANSWER: See response to No. 1 8. Please produce the risk management file regarding Paul C. Hartzell, Jr., deceased. (To the extent that privilege is claimed as to certain responsive documents, please identify each such document by date, author and subject matter and identify the precise nature of the privilege claimed. ANSWER: See response to No. 1 9. Please produce any and all statements made by persons involved in the care and treatment of Paul C. Hartzell, Jr., deceased at the Holy Spirit Health System on March 4 through 8, 2011. ANSWER: See response to No. 1 10. Please produce any and all billing records for inpatient and outpatient treatment that Paul C. Hartzell, Jr., deceased received at Holy Spirit Health System. ANSWER: See response to No. 1 11. Please produce copies of any contracts and /or employment contracts or similar writings, between Holy Spirit Health System and /or Holy Spirit Hospital for the following individuals and /or entities: (a) Sushma Kauski, M.D.; (b) Jeffrey S. Fugate, D.O.; (c) Kerri Mateer, P.A. -C; (d) Ira Sackman, M.D.; 3 (e) Associated Cardiologist, P.C.; ANSWER: None. By way of further response, see response of Holy Spirit Hospital to Plaintiffs discovery requests. 12. Produce any and all documents, correspondence, memoranda, and other writings relating to the hiring of, and/or contracts with the following health care providers and/or entities: (a) Sushma Kauski, M.D.; (b) Jeffrey S. Fugate, D.O.; (c) Kerri Mateer, P.A.-C; (d) Ira Sackman, M.D.; (e) Associated Cardiologist, P.C.; ANSWER: None. By way of further response, see response of Holy Spirit Hospital to Plaintiffs discovery requests. 13. Produce any and all documents, correspondence, memoranda, and other writings, relating to the credentialing or granting of privileges to: (a) Sushma Kauski, M.D.; (b) Jeffrey S. Fugate, D.O.; (c) Kerri Mateer, P.A.-C; (d) Ira Sackman, M.D.; ANSWER: None. By way of further response, see response of Holy Spirit Hospital to Plaintiffs discovery requests. 14. State whether a query was submitted to the National Practitioner Data Bank with respect to the following. If yes, please state the date on which the inquiry was made. (a) Sushma Kauski, M.D.; (b) Jeffrey S. Fugate, D.O.; (c) Kerri Mateer, P.A.-C; (d) Ira Sackman, M.D.; 4 ANSWER: None. By way of further response, see response of Holy Spirit Hospital to Plaintiffs discovery requests. 15. Please explain the corporate relationship between Holy Spirit Health System: (a) Sushma Kauski, M.D.; (b) Associated Cardiologist, P.0 ANSWER: None. Dr. Kaushik is an employee of Spirit Physicians Services, Inc. Associated Cardiologists, P.C. is a physician professional corporation. 16. Identify the electronic medical record software in use in the Holy Spirit Health System on March 4 - 8, 2011. Please also identify the corporate employee most knowledgeable of the clinical use of the software identified above. ANSWER: See response to No. 1 17. State the factual basis for all of your contentions made in your New Matter or Affirmative Defenses. ANSWER: See response to No. 1 18. Identify and produce any and all writings, memoranda, letters and other documents relevant to Paul C. Hartzell, Jr., deceased. ANSWER: See response to No. 1 19. Identify and produce any and all original medical records and bills relating to plaintiffs decedent. ANSWER: See response to No. 1 20. Identify and produce any unprivileged or non -work product document relating to plaintiff or plaintiffs decedent. ANSWER: See response to No. 1 5 21. State your exact corporate name as if it exists now and, if different, at the time of the care at issue in this case. ANSWER: Holy Spirit Health System, Inc 22. State whether there was a formal peer review meeting at which issues related to the plaintiff were discussed (please answer Yes or No). ANSWER: See response to No. 1 CREDENTIALING AND SENTINEL EVENTS 23. Produce copies of the non - privileged portions of the credential file for defendant[s], Sushma Kaushik, M.D., Jeffrey S. Fugate, D.O., Kerri Mateer, PA -C, and Ira Sackman, M.D., including but not limited to copies of his /her application(s) and renewal application(s) for staff privileges, and all documents submitted by or on behalf of them in support of their application(s) and renewal application(s) for staff privileges.' ANSWER: See response to No. 1 1 This information was held to be discoverable and not subject to confidentiality under the Peer Review Protection Act in Pitts v. The Children's Hospital of Philadelphia, Phila., CCP, October Term, 1998, No. 3055, and Lindsay v. Dr. Stanley D. Bosta, et al. Allegheny CCP, No. GD95 -3789. More recently, these types of documents were held to be discoverable and not protected by the PRPA in the following additional cases: Geiger v. Zelenkofske. CP Lehigh Cty., August 16, 2001, Wallitsch, J.; Piper -Ochas v. Guthre Clinic, CP Lackawanna Cty., November 29, 1999, Corbett, J.; Johnson v. Tray. 43 D &C. 129 (Fulton Cty. 1999); and Sotack v. Gnaden Huetten Memorial Hospital No. 2842 Civil 1994 (Monroe Cty., February 10, 1997). See also the following trial court opinion from various counties in the Commonwealth of Pennsylvania: Holliday v. Klimowski. 3 Pa.D &C.2 "d408 (Washington Cty. 1976); Fowler v. Pirris, 34 Pa.D &C.3d 530 (Washington Cty. 1981); Bolten v. Holy Spirit Hospital. 105 Dauphin Co. Rep. 40(1984); Resnick v. Hahnemann University Hospital. 28 Phila., 561 (Phila. 1995) and Short v. Pavilides. M.D.. et al. 31 Phila. 221 (1996). 6 24. ,Produce copies of risk management incident, event, and/or occurrence reports, or similar type documents which were prepared in connection with the care rendered to Paul C. Hartzell, Jr., deceased while he was a patient at your facility.2 ANSWER: See response to No. 1 25. Produce all documents which identify or define a "sentinel event" within your hospital/organization. ANSWER: See response to No. 1 26. Produce those documents which identify the person (i.e. risk manager or others who determines what constitutes a sentinel event within your hospital/facility. ANSWER: See response to No. 1 27. Produce copies of all emails between and among individuals who are not members of the Patient Safety Committee with respect to any event you claim is sentinel even for which privilege is claimed. ANSWER: See response to No. 1 2 Hospital incident reports were held to be discoverable by the Pennsylvania Superior Court and not subject to confidentiality by the Peer Review Protection Act in Atkins v. Pottstown Memorial Medical Center. 634 A.2d 258 (Pa. Super. 1993). 7 EXPERTS 28. Identify by name, address, and specialty any person you expect to call as an expert witness at trial and attach a copy of his/her Curriculum Vitae as part of your answer to this Interrogatory. ANSWER: See response to No. 1 29. Identify all articles and texts published in peer review literature, author or co- author to each person you expect to call as an expert witness at trial, or attach a copy of such experts' bibliography. ANSWER: See response to No. 1 30. State the subject matter on which each expert is expected to testify. ANSWER: See response to No. 1 31. State the substance of the facts and opinions to which each expert is expected to testify. ANSWER: See response to No. 1 32. State a summary of the grounds for each opinion to which any expert is expected to testify. As part of your answer to this Interrogatory, attach all reports, and drafts of reports of any expert expected to testify at trial. ANSWER: See response to No. 1 33. For the past 5 years, state the caption of every case in which any such person you expect to call as an expert witness at trial has previously testified as an expert. ANSWER: See response to No. 1 8 34. Identify all medical records, documents, and other writing which have been reviewed by any person you expect to call as an expert witness at trial. ANSWER: See response to No, 1 35. Identify and produce any and all expert reports relating to this lawsuit. ANSWER: See response to No. 1 36. Provide all information regarding expert testimony to fulty comply with Pa.R.C.P. 4003.5and all the applicable rules regarding dimdonureo[experttestnnony. ANSWER: See response to No. 1 INSURANCE 37. State whether Holy Spirit Health System was covered by or were the subject ofany policy(ies) of liability insurance for the claims set forth in the Complaint filed in this case. ANSWER: See response to No. 1 38. If the answer to the previous previous Interrogatory is in the affirmative, state the foliowing as to each such policy of insurance: rights; a. The name ofeach insured under the policy; b. The name ofthe carrier(s) and policy number; c. The period ofthe policy; d. The amount of coverage provided by the policy; e. Whether or not you are being defended pursuant to the provisions ofsuch insurance policy; f. Whether the defense is being provided under any type of resei-vation of g. Whether your consent is required to settle this claim, 9 ANSWER: See response to No. 1 39. State whether Holy Spirit Health System was covered by or subject to any policy of excess liability insurance for the injuries arising out of the instant case. ANSWER: See response to No. 1 40. If the answer to the previous Interrogatory is in the affirmative, state the following as to each such policy of insurance: a. The name of each insured under the policy; b. The name of the carrier(s) and policy number; c. The period of the policy; d. The amount of coverage provided by the policy; e. Whether or not you are being defended pursuant to the provisions of such insurance policy; f. Whether the defense is being provided under any type of reservation of rights; g Whether your consent is required to settle this claim. ANSWER: See response to No. 1 41. Has the excess liability carrier been informed of this claim? ANSWER: See response to No. 1 42. Identify and produce all insurance policies providing any coverage including excess coverage, for the claims asserted in this case. ANSWER: See response to No. 1 43. State whether any exclusion under any policy is or may be applicable to any claim presented by plaintiffs civil action. ANSWER: See response to No. 1 10 44. Ifthe answer to the previous interrogatory is in the affirmative, state the precise language of each exclusion which is or may be applicable, and in some form, the facts upon which it is contended each such exclusion is or may be applicable. ANSWER: See response to No. l 45. State whether this case is being defended by the attorney who has entered his/her appearance on your behalf subject to a reservation of rights agreement between you and your insurance carrier. ANSWER: 46 lfthe answer to the previous interrogatory is in the affirmative, as to each reservation of rights agreement, state the following: (a) The name of eachparty to the agreement; (b) The date the agreement was entered into; and (c) According to your information, what is the state position ofthe carrier as to the reservation ofrights? ANSWER: See response to No. 1 11 47. State the amount of insurance coverage applicable to any present or potential future claims against defendants for injuries sustained by plaintiffs as a result of treatment relating to this lawsuit, as follows: Do not answer this question to the effect that there is "statutory coverage"; rather, please state the exact amounts of coverage and the identities of all insurance carriers. INSURED SELF-RETAINED LIMITS PRIMARY INSURANCE Name of carrier, policy period, policy no. and amount of coverage MCARE FUND FIRST LAYER INSURANCE Name of carrier, policy period, policy no. and amount of coverage SECOND LAYER OF INSURANCE PRIMARY INSURANCE Name of carrier, policy period, policy no. and amount of coverage THIRD LAYER EXCESS INSURANCE Name of carrier, policy period, policy no. and amount of coverage ANY ADDITIONAL COVERAGE Name of carrier, policy period, policy no. and amount of coverage ANSWER: See response to No. 1 12 REQUEST FOR PRODUCTION OF DOCUMENTS 48. Produce any and all discoverable statements under Pa.R.C.P. 4003.4 relevant to the claims and /or causes of action pled in Plaintiffs Complaint. ANSWER: See response to No. 1 49. Produce any and all investigative materials and things pursuant to Pa.R.C.P..4003.1 and 4003.3 relevant to the claims and /or causes of action pled in Plaintiffs Complaint. ANSWER: See response to No. 1 50. Identify and produce any and all writings, memoranda, letters, and other documents relevant to the claims and /or causes of action pled in Plaintiffs Complaint. ANSWER: See response to No. 1 51. Produce any and all incident reports, handwritten notes, documents, or other writings of any nature which were prepared in relation to the facts as pled in Plaintiffs Complaint. ANSWER: See response to No. 1 52. Produce any and all expert reports relating to this lawsuit. ANSWER: See response to No. 1 53. Produce a copy of all materials supplied to any expert in relation to this lawsuit. ANSWER: See response to No. 1 54. Produce any documents relating to the plaintiff and /or her decedent. ANSWER: See response to No. 1 13 55. Produce all documents which will be marked or introduced as evidence at trial. ANSWER: See response to No. 1 56. Produce copies of any and all correspondence, contracts, agreements in any form, oral or written, that you contend are relevant to this lawsuit (including contracts between or among defendants). ANSWER: See response to No. 1 57. Produce the written agreement between physician assistant Kerri Mateer, PA-C, and her supervising physician, as required by subchapter D of Chapter 18 of Title 49 of the Pennsylvania Code § 18.142 which implements section 13 of the Medical Practice Act (63 P.S. § 422.13). ANSWER: See response to No. 1 58. Produce the employment/credential file of Kerri Mateer, PA-C. ANSWER: See response to No. 1 59. Produce the Holy Sprint Health System policy and procedure that would allow physician assistant to answer cardiology consult in ER without patient being seen by cardiologist. ANSWER: See response to No. 1 14 Verification, General VERIFICATION 1, ll�n Feidt. RN.Director of Risk Management, of the Holy Spirit Health System, Inc., hereby verify that the facts set forth in the foregoing Responses to Interrogatories and Request for Production of Documents are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Ellen Feidt, RN, Director of Risk Management Date: March 12. 2014 Respectfully Submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. By: Thomas airs, Esquire Attorney .D. No. 78565 Aaron S. Jayman, Esquire Attorney I.D. No. 85651 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 -2223 717 - 731 -4800 Attorney for Defendants, Holy Spirit Hospital, Holy Spirit Health System and Sushma Kaushik, M.D. 15 CERTIFICATE OF SERVICE AND NOW, March 12, 2014, I, Thomas M. Chairs, Esquire, hereby certify that 1 did serve a true and correct copy of the foregoing RESPONSES OF DEFENDANT HOLY SPIRIT HEALTH SYSTEM TO PLAINTIFF'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Hy First -Class Mail: Geary L. Yeisley, Esquire KLINE & SPECTER, P.C. 1525 Locust Street, 19th Floor Philadelphia, PA 19102 (Counsel for Plaintiff) Craig A. Stone, Esquire MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN, P.C. Suite 201 100 Corporate Center Drive Camp Hill, PA 17001 (Counsel for Kerri Mateer, P.A. -C.) Michael D. Pipa, Esquire STEVENS & LEE, P.C. 17 North Second Street 16th Floor Harrisburg, PA 17101 (Counsel for Jeffrey S. Fugate, D.O., Ira Sackman, M.D. and Associated Cardiologists, P.C.) Tho ha i Esquire EXHIBIT B DICKIE, MCCAMEY & CHILCOTE, P.C. BY: Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 Plata 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 717 - 731 -4800 (Tele) 888411.7144 (Fax) BRENDA D. HARTZELL, Administratrix of the Estate of PAUL C. HARTZELL, JR., Deceased, Plaintiff v. ATTORNEY FOR: DEFENDANTS HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM AND SUSHMA KAUSHIK, M.D. HOLY SPIRIT HOSPITAL; HOLY SPIRIT HEALTH SYSTEM; SUSHMA KAUSHIK, M.D.; JEFFREY S. FUGATE, D.O.; KERRI MATTER, PA.-C.; IRA SACKMAN, M.D. AND ASSOCIATED CARDIOLOGISTS, P.C., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12 -4665 CIVIL ACTION - MEDICAL JURY TRIAL DEMANDED AFFIDAVIT OF NON INVQJ,VEMENT 9F DEFENDANT. HOLY SPIRIT HEALTH SYSTEM PURSUANT TO PA. RECAp.1036 Pursuant to Pa. RECAP. 1036, Holy Spirit Health System, by Richard Schaffner, Jr,, hereby affirms the following: 1. Holy Spirit Health System is one of the Defendants in the above captioned lawsuit. 2. Plaintiffs Complaint details medical care rendered to Plaintiffs decedent at a hospital located at 503 North 21st Street, Camp Hill, PA 17011. 3. The hospital located at 503 North 21st Street is the Holy Spirit Hospital of the Sisters of Christian Charity. 4. The Holy Spirit Hospital of the Sisters of Christian Charity fulfills all of the corporate responsibilities of the hospital located at 503 North 2151 Street. 5. The Holy Spirit Health System is a separate corporation from the Holy Spirit Hospital. 6. The Holy Spirit Health System is governed by a Board of Directors that is separate and distinct from the Board of Directors that governs the Holy Spirit Hospital of the Sisters of Christian Charity. 7. None of the individual health care providers named as defendants in this lawsuit and /or referenced in Plaintiff's Complaint were employees of the Holy Spirit Health System. HOLY SPIRIT' I It: ;i1l.'I'FI SYSTElvi. '3v: Rick Schaffner Senior Vice President and COO Holy Spirit Health System EXHIBIT C BRENDA D. HARTZELL, Administratrix of the Estate of PAUL C. HARTZELL, JR., Deceased, Plaintiff, v. HOLY SPIRIT HOSPITAL; HOLY SPIRIT HEALTH SYSTEM; SUSHMA KAUSHIK, JURY TRIAL DEMANDED M.D.; JEFFREY S. FUGATE, D.O.; KERRI MATEER, PA.-C.; IRA SACKMAN, M.D. AND ASSOCIATED CARDIOLOGISTS, P.C., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-4665 CIVIL ACTION - MEDICAL Defendants. AFFIDAVIT I, Ellen Feidt, RN, Director of Risk Management, hereby affirm the following with respect to the above captioned medical professional liability action: Holy Spirit Hospital maintains excess layers of insurance coverage totaling $12.5 million. Together with the primary policy of insurance coverage of $500,000, there is a total amount of $13 million of professional liability insurance coverage applicable to the above captioned claim on behalf of Holy Spirit Hospital. Date: Ellen Feidt, RN Director of Risk Management Holy Spirit Hospital EXHIBIT D Noll Spirit Hospital Date/Time 04-Mar-2011 15:45 04- Mar -2011 15:48 04- Mar -2011 15:48 04-Mar-2011 16:00 04- Mar -201 1 16:13 04-Mar-2011 16:39 04- Mar -201 1 16:41 04 -Mar -201 1 16:48 O4- Mar -2011 18:06 04- Mar -201 1 18:54 04- Mar -201 1 18:57 04-Mar-2011 19:15 04-Mar-2011 19:26 04- Mar -201 1 19:37 04 -Mar -201 1 19 :37 04-Mar-2011 19:45 04 -Mar -201 1 19:45 04- Mar -201 1 19:46 04- Mar -201 1 19:55 04- Mar -2011 20:07 04 -Mar -2011 20:07 04-Mar-2011 20:19 04- Mar -201 1 20:42 04 -Mar -2011 21:02 Criteria for selection: User Name Alfano, Salvatore Yingling, LeeAnn Peterson, Lisa Lichtel, Megan E Stanko, Rchckkah L Vclgos NACTTVE, Danielle M Stouffer, Elizabeth A Baker, Holly A Beard, Joanne M Snyderinactive, Morgan L Yingling, LccAnn Ness, Kandi S Hackenbcrg, Amber E Garrity, Kristy L Garrity, Kristy L O'Reilly, Susan M O'Reilly, Susan M O'Reilly, Susan M Bittner, Deborah K Lichtel, Megan E Lichtel, Megan E Bittner, Deborah K SnydcrTnactive, Morgan L Recupero, Cynthia P From Date: 04-Mar-201 1 To Date: 08 -Mar -2011 Patient ID: 474932 Patient ID type: <ALL>' 'Visit ID Type: <ALL>' 'Audit Type: <ALL >' 'Privacy Status: <ALL >' 'Security Level: <ALL >' User ID salfano lcyingling lipeterson mlichtcl rstanko davclgosinactiv ee clstouffcr hobaker jbcard mlsnydcr lcyingling ksncss aehackenherg klgarrity klgarrity sorcilly sorcilly sorcilly dhittner mlichtcl mlichtcl dbittncr misnydcr crccupero Patient TD 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039194600 474932/000039194600 474932/000036681831 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 Patient Name IIARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C IIARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C IIARTZELL JR, PAUL C IIARTZELL JR, PAUL C IIARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C IIARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C I IARTZELL JR, PAUL C HARTZELL JR, PAUL C IIARTZELL JR, PAUL C HARTZELL JR, PAUL C W'orkstationlD Andit Type hosOlccu7 HOSOI ECU I er- motion06 HOSO1ER4300 hosOlckgpc01 T1OSO1 ECU 14 IIOSOIECU2 HSHSCD233 ITOSOI ECU2 hosO1ccu6 HOSO 1 ECU 1 HOSORMICUOI 1IOSO1 ECU2 1IOSOSMEDO7 HOSORMED07 HOSORMAIN01 HOSORMAIN01 IIOSORMAIN01 HOSORMAINO2 1IOSOI ER4300 110S01 ER4300 1-1OS08MAINO2 8MAINPC 13 MEDSELECTB CA CA CA CA CA CA CA ('A CA CA CA CA CA Override CA Override CA CA CA Override CA CA CA CA Reason will be admitting nurse admit Cr Requested By: Tipton, Kay (Admin) 11-Jan-2013 t3:32 Printed from: Risk Management Page: 1 of R .•• ' . • )771S' • "1,, • :P.: r41 41- 4. -.•"*.,`*‘,;, '‘?•- 4;4: 4- - , ■-,vA.0,441 • .'•'■ Audit • f. - Date/Time 04-Mar-2011 21:13 04-Mar-2011 21:17 04-Mar-2011 21:31 04-Ma r-2011 21:51 04-Mar-2011 22:25 04-Mar-2011 22:28 04-Mar-2011 22:40 04-Mar-20 II 22:54 04-Mar-2011 23:05 04-Mar-201 1 23:16 04-Mar-201 1 23:19 05-Mar-2011 00:36 05-Mar-2011 01:19 05-Mar-201 1 01:33 05 -Mar -201 1 01:35 05-Mar-201 1 01:38 05-Mar-2011 02:08 05-Mar-201 1 03:12 05-Mar-2011 03:40 05-M3r-2011 04:30 05-Mar-201 1 04:48 05-Mar-2011 05:08 05-Mar-2011 05:14 05-Mar-201 1 07:38 05-Mar-201 1 08:31 05-Mar-2011 08:39 05-Mar-2011 08:48 05-Mar-201 1 08:51 05-Mar-201 1 09:01 05-Mar-2011 09:35 05-Ma r-2011 11:14 User Name User Latzer, Jcnnifcr A O'Rcilly, Susan M ObiINACTIVE, Obiagcli U Garrity, Kristy L Garrity. Kristy L RchmINACT1VF.. Katclyn D Garrity. Kristy L Latzer, Jcnnifcr A Meiss, Judith A Bittncr, Deborah K Garrity, Kristy L Mciss, Judith A Mciss, Judith A Shadc, Tamara Matcct, Kcrri M Latzer, Jcnnifcr A SingcrInactivc. Michcllc Mciss. Judith A Singerinactive, Michelle R Shade, Tamara Mciss, Judith A Latzer. Jcnnifcr A Singerinactive, Michcllc R Trahan, Pcggy L Mciss, Judith A ricrkhcimcrINACTIVF_, Kristy L Gutshall, Francine R Michaels, Paula Boncma, Ann c L Trahan, Peggy L Trahan, Peggy L jlatzcr snrcilly ouobi klgarrity klgarrity kdrelim klgarrity jlatzcr jmciss dbittner klgarrity jmciss jmciss tsshade kmmatecr jlatzcr mrsingcr jmciss mrsinger Isshade jmciss jlatzcr mrsingcr pltrahan jmciss klberkhcimer frgittshall pmichaels aboncma pltrahan pltrahan Patient ID 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 /000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 /000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 /000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 1 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 /000039231576 474932 / 000039231576 • Patient Name HARTZELL JR. PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C IIARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C IIARTZELL JR. PAUL C HARTZELL JR, PAUL. C HARTZELL JR, PAUL C HARTZELL JR, PAUL C IIARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR. PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C lARTZELL JR, PAUL C HARTZELL JR, PAUL C I IARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C WorkstationID 8MAINPC3 I fOSORMA1N01 hos05phmedsc13 HOSORMED07 hos08nc02 8mainpc12 Smainpc9 RMAINPC3 HOSOSMAINOS HOS08MAINO2 8MAINPCS 8mainpc10 Smainpc10 8mainpc9 HOSORM A INO6 SMAINPC3 HOSORMAINO1 Audit Type CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA HOSOSMED07 CA HOSOSMED I 1 CA Smainpc I 0 HOSOSMAINOS 8MAINPO HOSOSMAINO I HOSO8MED I 1 8mainpc I 1 8mainpc9 HOSO8MAINO1 SEN04FN7884B HOSO8MA INO4 HOSOSMEDI 1 HOSORMED11 CA CA CA CA CA CA CA CA CA CA CA CA Reason Ilegtiested By•jitiion, 4, I. ■., • , -1 I:l.ift..2013 .13:31 -1! - s • '-‘1 , ".■ ;i4,'", ' :• oly S»riE I itispTta .1- . -E�k h I. • r ! R ix 'WA11 i dog t • T. t` *. • +- z t,0rf • ksfr 1,'� • ~ t. • Date/Time 05 -Mar -2011 11:28 05 -Mar -2011 11:35 05 -Mar -2011 11:39 05 -Mar -2011 11:47 05 -Mar -201 1 11:56 05-Mar-2011 12:12 05 -Mar -2011 13:22 05 -Mar -201 1 14:04 05-Mar-2011 14:21 05- Mar -201 1 14:53 05-Mar-2011 15:02 05-Mar-2011 15:10 05 -Mar -201 1 16:03 05- Mar -201 1 16:30 05 -Mar -201 1 16:31 05 -Mar -2011 16:53 05 -Mar -201 1 17:32 05 -Mar -201 1 17:46 05- Mar -2011 13:04 05-Mar-2011 19:01 05 -Mar -201 1 19:03 05 -Mar -2011 19:16 05- Mar -2011 19:35 05 -Mar -2011 19:55 05 -Mar -201 1 20:09 05 -Mar -201 1 20:19 05-Mar-2011 20:24 05- Mar -2011 20:39 05- Mar -201 1 23:07 05- Mar -201 1 23:25 05- Mar -2011 23:44 User Name Sackman CARDIOLOGY, Ira Berrier, Lisa E Simpson, Travis R Potts, Jeanine A BcrkhcimcrINACTTVE, Kristy L Kaushik, Sttshma Trahan, Peggy L Boncma, Anne L Makindc, TTclen F McConnell, Andrea E Gutshall, Francine R Trahan, Peggy L Petrovich, Michael L Bittner, Deborah K Trahan, Peggy L BcrkhcimcrINACTT V E, Kristy L Latzer. Jcnnifcr A Trahan, Peggy L Trahan, Peggy L Gutshall, Francine R Singcrinactivc, Michelle R Rosenberg, Janice B BcrkhcimcrINACTI VE, Kristy L Trahan, Peggy L Douglas, Charlcan R Latzer, Jennifer A Carthew, Valerie A Singcrinactive, Michelle R Douglas, Charlcan R Haquc, Ruth Hague, Ruth User ID isackman lhcrrier trsimpson jpotts klbcrkhcimcr sukaushik pltrahan aboncma hfmakinde amcconnell frgutshall pltrahan mpctrovich dbittncr pltrahan klberkheimcr jlatzer pltrahan pltrahan frgutshall mrsinger josenberg klbcrkhcimcr pltrahan crdouelas jlatzcr vcarthcw mrsinger crdouglas rhaque rhaquc Patient ID 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 Patient Name HARTZELL JR, PAUL C HARTZELL JR, PAUL C 1ARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C IIARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR. PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR. PAUL C HARTZELL JR, PAUL C HARTZELL JR, P IIARTZELL JR, P «'orkstationlD Audit Type 3mainpc10 SMATNPC3 IIOSOSMA1NO2 MEDSELECTB Smainpc9 HOSOSMAINO4 IIOSOSMED1 I hshctxc2 8MATNPC5 hos05phmcdsel3 HOSOSMAINO1 HOSOSMEDI 1 1- IOSO4NORTH04 T- IOSOSMATN02 HOSOSMEDI 1 HOSOSMAINO4 SMATNPC3 HOSOSMED1 1 HOSOSMAIN06 HOSOSMAINO1 HOSOSMAIN06 CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA AUL C Smainpc9 CA AUL C HOSO8MAINO4 CA HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, P HARTZELL JR, P HARTZELL JR. P Smainpc 12 HOSOSMAINO4 SMAINPC3 HOSOSMATN01 HOSOSMEDI I AUL C HOSOSMAINO4 AUL C HOSOSMEDOS AUL C HOSOSMED08 • CA CA CA CA CA CA CA CA • Reason .1'rititetl from: RiAt Management • Page: 3 of 8 ...,, .4., „,4, 4. - , : „•A•• !•":. ;•, -,, * ,,ti''.,• . `', a, ' ,,•. ' j:.:1,.:-7,:i ei.,.',, •:..;.—k4.;4;::.:,.ai4r4:;;" „ ...4 .0,7 , ,s,•:47,:,i..;',tI,.F.,•'4••1';l ',f;t '.• ,• a•--„t'_' '• .4 '' ..,.4 '' .‘' , '..;•1•.:• .: :, f''., '`, '`.' ,ett... . ,',,,, ' '4' 1 LK . r.,,4,;, . -.r,'' t, .,';. i', '• 4 , :f•t.• • a a ,e, „4. . • ,, • , ,.: ' ; '. 4 Hob/ Spirit +ospital l• , • .4 a - , ••• f, ......`. 't ' '' • , -- ,, .‘. : ...t , .. '.- + • ' ^.' ' - '''.■,.i . -, zr” , .. ... 1- « .A.,1,4 - ... ., =,,, ..:.,:1;4, ,.....:"'<'.„.: ',.i....-1..,.:4`,. 4'-... 0,,,,•1,"1.,:',' rflk; ,. :::: : ., .4.' ..`1:11.,; rrle",,Ti.-: -.'.'1., s'''''' '4'r"...",' '*:: .11;.,:'4,.: -...*.4; .,,.' .....iii':,;'.i 'iv' :` -r 7''' ' ,r.41,7'* 0'4,4: ':+r;-- ,,' '''.7 .' :,,,::.). ;;;!....' 7. :c111.,..,2" :i s'; z: ..,.....1" :..,-;'::"1 ,::.:.-:;:: • ' :;. ‘.' ,er ,:.'-'0-'' . '',' :-. re-4.'" .• t i. • i • '' ,. ' 't 4.• :,,,,,, * 't , 'at- • ''''•;!''.1,•C.Aii it 'og v.- ,- .'''' tar "' •'; i': ' '4. ••::* 1'. 1 , • • .. 4 '4" 4 „ . — , , - . .., 44 t 4 ••••• 4 • •,". `--4•'-,,, , :t , - - ,„ .i ." ,i ■•••, •,',.„. 7...4. ' 7 -s . , ",-„-•*.,,.-7": 1 1,„-?...", '..,rFt.,, : ..., — , ' '`.• ',;,::, ,'.-..:., , ... • Date/Time 06-Mar-201I 01:37 06 -Mar -201 1 01:52 06-Mar-2011 02:01 06- Mar -201 1 02:03 06-Mar-2011 04:06 06-Mar-2011 05:28 06 -Mar -201 1 05:40 06-Mar-20 I 1 06:18 06-Mar-201 1 06:58 06-Mar-201 1 06:58 06-Mar-2011 07:14 06-Mar-2011 07:18 06-Mar-20 I 1 07:27 06-Mar-201 1 07:31 06-Mar-2011 07:47 06-Mar-20 I 1 07:48 06-Mar-201 1 08:19 06-Mar-2011 08:48 06 -Mar -201 1 09:11 06-Mar-2011 09:11 06-Mar-2011 09:43 06-Mar-2011 10:02 06-Mar-2011 10:09 06- Mar -201 1 10:39 06-Mar-2011 11:33 06-Mar-2011 11:37 06-Mar-201 1 12:57 06-Mar-20 I I 13:28 06-Mar-2011 14:55 User Name Haquc, Ruth Singerinactivc, Michcllc R SingerInactive, Michcllc R Latzer. Jennifer A Haquc, Ruth Latzer, Jennifer A Singel-inactive, Michelle R Carthcw, Valerie A Heffner, Shcrri S Heffner, Sherri S Trahan, Peggy L Singerinactivc. Michcllc R Simpson, Travis R Skopljak, Alma Singerinactivc, Michcllc R Sackman CARDIOLOGY. Ira Gutshall, Francine R Bonema, Annc L Carpenter. Lynn M Carpenter, Lynn M Kaushik. Sushma Burton, Arnye M BerkheimerINACTIVE, K.risty L Maher, Lczli E Trahan. Peggy L Berrier, Lisa E Trahan, Peggy L Miller, Lois A Mahan, Peggy L User ID rhaquc mrsingcr mrsingcr jlatzcr rhaquc jlatzer mrsingcr vcarthcw shcfTncr shefTncr pltrahan mrsingcr trsimpson alskopljak mrsingcr isackman frgutshall aboncma lcarpcntcr !carpenter sukaushik amburton klbcrkhcimcr Immaher pltrahan 'butler pltrahan lamiller pltrahan Patient ID 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 00003923 I 576 474932 / 00003923 I 576 474932 / 000039231576 474932 / 000039231 576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 00003923 1576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 /000039231576 474932 /000039231570 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 /000039231576 Patient Name HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C IIARTZELL JR, PAUL C HARTZELL JR. PAUL C HARTZELL JR, PAUL C 1lARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C 11ARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR. PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C WorkstationTo HOSOSMED06 HOSOSMED I 1 HOSOSMED I I SMAINPC3 HOSO8MED06 SMAINPC3 HOSOSMED11 HOSO8MATNO1 OHCOOCAG054A 01ICOOCAG054A HOSO8MED02 110ST/870E011 HOSOSMAINO2 hos0lekgpc0 I 8mainpc1 I 01 ICO3CENTERP Cl HOSOSMAINO I HOSOTINPC5 OHCOOSTRM757 2 OHCOOSTRM757 2 HOSOSMAINOS HOS02RD393S 8mainpc9 SMAINPC5 Smainpc12 SMAINPC3 Smainpc12 HOSO4NU2657 8mainpc I 2 Audit Type CA CA CA CA CA CA CA CA Override CA CA CA CA CA CA CA CA CA Override CA CA CA CA CA CA CA CA CA CA Reason stress stress test Date/Time 06-Mar-201 1 15:32 06-Mar-201 1 16:01 06-Mar-2011 16:57 06-Mar-2011 16:58 06-Mar-2011 17:07 06- Mar -201 1 17:34 06-Mar-201 1 17:35 06-Mar-2011 17:39 06-M ar-2011 18:05 06 -Mar -201 1 19:06 06-Mar-201 1 19:07 06-Mar-2011 19:19 06-Mar-201 1 19:48 06-Mar-2011 19:50 06-Mar-201 1 19:57 06 -Mar -201 1 20:27 06- Mar -201 1 20:53 06-Mar-201 1 21:54 06- Mar -201 1 21:54 06-Mar-2011 22:11 06-Mar-201 1 23:11 06-Mar-2011 23:51 07- Mar -201 1 00:54 07-Mar-2011 02:03 07-Mar-2011 02:09 07-Mar-2011 02:37 07-Mar-2011 03:56 07- Mar -201 1 05:30 07-Mar-2011 05:50 07-Mar-2011 06:52 07-Mar-201 1 07:13 07-Mar-201 1 07:16 07 -Mar -201 1 07:18 07- Mar -201 1 07:27 User Name BerkheimerINACTIVE, Kris!), L Thunima, Kathy S Kaushik. Sushma Graham, Ashley McConnell, Andrea E Trahan, Peggy L BerkhcimerINACTIVE, Kristy L Bitmer, Deborah K Trahan, Peggy L Tctrcault, Paul Trahan. Peggy L Silcox, Rebecca A Gupta. Nisha Trahan, Peggy L Bittncr, Deborah K Gupta, Nisha Joyce. Thad M Carthcw, Valerie A Latzer, Jennifer A Bittner, Deborah K Gupta. Nisha Carthcw, Valerie A Webb. Jessica L Haquc, Ruth Latzer, Jennifer A Gupta, Nisha Gupta, Nisha Divinccnzo, Deborah A Latzer, Jennifer A Haquc, Ruth Noga, Shcrrcc L Croman1NACTIVE, Sarah D Gupta. Nisha Purcell. Rebecca User 10 klberkheimer kthumma sukaushik asgraham amcconncll pltrahan klbcrkhcimcr dbittncr pltrahan pmtetrcault pltrahan rasilcox ngupta pltrahan dbittncr ngupta thjoycc vcarthcw jlatzcr dbittncr ngupta vcarthew jlwcbh rhaque jlatzcr ngupta ngupta ddivincenzo jlatzcr rhaque snoga sdcroman ngupta bpurccll Patient 11) 474932 / 000039231576 474932 / 000039331576 474932 /000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 /000039231576 474932 /000039231576 474932 / 000039231576 474932 / 000039231576 474932 /000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 /000039231576 474932 /000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 Patient Name I-IARTZELL JR, PAUL C HARTZELL JR, PAUL C IIARTZELL JR, PAUL C HARTZELL JR. PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR. PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C IIARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C 11ARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR. PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C IIARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C 1 Workstation1D 8MA1NPC3 OHCOOCR44S6 SNIAINPC5 HOS0SMAIN06 hos05phmcdscl3 HOSOSMED07 810AINPC3 HOSOSMAINO2 8mainpc10 HOS021V2568 HOSOSMED02 hos0lsodcxho Rmainpc9 8mainpc12 HOSO8MAINO2 HOSORNIED07 hos0Ort2921a HOSOSMAINO1 RMAINPC3 HOSOSMAINO2 Smainpc12 HOSOSMAINO1 hslictsel hos08nc02 SMAINPC3 HOSO8MEDO7 8mainpc11 01-1COOCAG054A 8MAINPC3 hos08nc02 HOSOSMED06 110S0SMAIN02 HOSOSMEDO7 1OSOIMR7920 Audit Type CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA Override CA CA CA CA CA CA Reason stress test 1igue-461 Kfiy,(Aditiin) „ • , , .x " 13:32 • * -*; • * r: i•i .,""• ' rrinte1 friirn* Alrinagement ,,, • • " , ; P. • - , • • Page: 5 of S • a - 4 ' "„Z'n : • 7 L., 2 w • L t' . . ist'' • r -1.4 • ", v 4.t• ;"2 ,. • Trott/ ' • • " - ' y p in I rt 9sp ta - , - -• ; - • 44- .4* „ t.4,„ .7 • , ,Triat•,.3t „7,1 pt,. • : 4, ,str ' '"` • ! • ; • ; 0/ .4: • - • • * • *,1 . Date/Time 07-Mar-2011 07:30 07-Mar-201 1 08:09 07-Mar-2011 08:12 07-Mar-2011 08:14 07-Mar-2011 08:19 07-Mar-201 1 08:31 07-Mar-201 1 08:33 07-Mar-2011 08:40 07-Mar-2011 08:43 07-Mar-2011 09:06 07-Mar-201I 09:07 07-Mar-2011 09:07 07-Mar-2011 09:34 07-Mar-201I 09:37 07-Mar-2011 09:37 07-Mar-201 1 10:11 07-Mar-201 1 10:22 07-Mar-201 1 10:53 07-Mar-201I 10:57 07-Mar-201 1 11:07 07-Mar-201 1 11:35 07-Mar-201 1 11:43 07-Mar-201 1 11:53 07-Mar-201 1 12:00 07-Mar-2011 12:11 07-Mar-2011 12:27 07-Mar-2011 12:45 07-Mar-2011 12:49 07-Mar-201 1 13:01 07-Mar-201 1 13:35 07- Mar -201 1 13:53 07-Mar-201 1 13:59 07-Mar-201 1 14:20 User Name Smith, Gwcn Gupta, Nisha O'Reilly, Susan M Szczypta, Toni L Lloyd, Thomas W Baker, Beth Snyder, Joyce A Webb, Jessica L Chouadcu, Clairette C Castner, Sydncy T Waggoner, Ann E llefiner, Sherri S Szczypta, Toni L Long. Jessica A Noga. Sherree L Noga, Sherree L Noga. Sherree L Kaushik, Sushma Snyder, Joyce A CromanINACTIVE. Sarah D Noga, Sherree L Kendall, Elizabeth Divincenzo, Deborah A Andreoli, Karcn P Long, Jessica A Wineard, Jane INACTIVE P Szczypta, Toni L Smith. Gwen Noga, Shcrrcc L Rubus. Brother Michael Powlcy, Danna L Snyder, Joyce A Smith, Gwcn User ID smitgw00 ngupta sorcilly tszczypta twlloyd banker jasnyder jlwebb ccchouadcu scastncr acwaegoncr shell-11er tszczypta jalong snoga snoga snoga sukaushik jasnydcr sdcroman snoga bkcndall ddivinccnzo kandreoli jalong cjpwingard tszczypta smitgw00 snoga bmrubus cllpowley jasnydcr sm itgw00 Patient ID 474932 / 000039231576 474932 / 000039231576 474932 /000039231576 474932 / 000039231576 474932 1000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 /00003923l576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 1000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 1000039231576 474932 / 000039231576 474932 /000039231576 474932 /000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 Patient Name HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR. PAUL C HARTZELL JR. PAUL C iTARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C IIARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C IIARTZELL JR, PAUL C HARTZELL JR, PAUL C I TARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C IIARTZELL JR. PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C IIARTZELL JR, PAUL C HARTZELL JR. PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C I-IARTZELL JR, PAUL C HARTZELL JR, PAUL C IIARTZELL JR, PAUL C WorkstationID OHCO3CENTERP C2 8mainpc9 HOSOSMAINO I 8MAINPC3 Rmainpc10 SEN04FN425313 HOSORTELE3609 Social-laptop06 Smainpc9 110S01 URCiet380 csmgr06-m3 011COOCAG076 SMAINPC3 IIOSOORSNCO6 HOSO8MED06 hosORric02 hos08nc02 8MA1NPC3 HOSOSTELE3609 TIOSOSMAINO2 110SO8MED06 HOS05PH2364 011COOCAG054A OHCO3P114919A HOSOORSNC06 hshem2 SMAINT'C3 7MAINPC3 Smainpell 1-10S08MA1NOS 110501SODEXII 03 110S0STELE3609 CA 011C01WESTPC3 CA Audit Type CA CA CA CA CA CA CA CA CA CA CA Override CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA CA Reason stress Rejuested 8': (Adniin"j c:„r' . • . • .. • •••;14-'..,;17•"-Y ; zar , • • ,t• .. • ,rt-inted from; 1\lanagement • 1.1,v A frV../,' ' 4", . ••-■ r - • *- - .' • s Pe : 6 of 8 Date/Time 07-Mar-2011 14:20 07-Mar-201 I 14:29 07-Mar-2011 14:56 07-Mar-2011 15:13 07-Mar-201 1 15:21 07-Mar-201 I 16:40 07-Mar-2011 17:02 07-Mar-2011 17:15 07-Mar-2011 17:21 07- Mar -201 1 17:42 07-Mar-2011 18:14 07-Mar-2011 19:14 07-Mar-2011 21:49 07-Mar-201 1 22:25 07- Mar -201 1 22:45 07-Mar-2011 23:22 07-Mar-2011 23:28 08-Mar-2011 00:00 OS-Mar-2011 00:25 O8-Mar-20H 00:49 08-Mar-2011 01:00 08-Mar-2011 01:01 08-Mar-2011 01:43 08-Mar-2011 01:49 08-Mar-2011 01:49 08-Mar-2011 01:58 08-Mar-2011 03:03 0S-Mar-201 1 03:17 08-Mar-201 1 05:00 08-Mar-201 1 07:28 08-Mar-201 1 08:34 08 -Mar -201 1 09:20 08-Mar-2011 09:21 User Name Waggoner, Ann E Webb. Jessica L Yingling, Romayne R RehmINACTIVE, Katclyn D Chouadeu, Clairctte C Thatch. Lisa Dotson, Victoria RchmINACTIVE. Katclyn D Szczypta, Toni L Lightner. James Q Szczypta, Toni L Dotson, Victoria Bittner, Deborah K Szczypta, Toni L Yingling, Romaync R Dotson, Victoria Romaync R Jones. Lisa T Hague. Ruth Trayer, Glenna R Shade, Tamara Jones, Lisa T Whitmcr, Megan A Hague, Ruth Joncs, Lisa T Reilly, Colleen Gonzalez, Terry L. Hague, Ruth McBride, William J Feidt. Ellen M Kaushik, Sushma Wingard, Jane INACTIVE P Tipton, Kay User 11) acwaggoncr jlwebb rryingling kdrehm ccchouadcu Itkatch vadotson kdrehm tszczypta jlightncr tszczypta vadotson dbitmcr tszczypta rryingling vadotson rryingling ltjones rhaquc gtraycr tsshadc Itjones mwhitmer rhaquc Itjones crcilly teonzalez rhaque brnebride cfcidt sukaushik cjpwingard ketipton Patient ID 474932 / 000039231576 474932 /000039231576 474932 / 000039231576 474932 /000039231576 474932 /000039231576 474932 / 000039231576 474932 /000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 /000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 /000039231576 474932 /000039231576 474932 / 000039231576 474932 /000039231576 474932 / 000039231576 474932 /000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 /000039231576 474932 /000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000039231576 474932 / 000036681831 Patient Name HARTZELL JR, PAUL C IIARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR. PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR. PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR. PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR. PAUL C 11ARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C NVorkstationID csmgr06-m3 Social-laptop06 SMAINPC5 HOSOSMED07 HOSOSMEDOS 8M AINPC5 8MAINPC3 Fmainpc12 Audit Type CA CA CA CA CA CA CA CA HOSO8MAINO2 CA HOS05PH2364 CA HOSO$MAINO2 CA HOSOSMEDOS CA 8MAINPC3 CA HOSOSMAINO2 CA 8mainpc11 CA HOSOSMED06 CA HOS081sIAINO6 CA HOSO8MAINO4 CA HOSORMEDOS CA HOSO8MED09 CA 8MAINPC3 CA HOSOSMEDOS CA 8mainpc10 CA 8mainpc9 CA HOSO8MAINO4 CA HOSOI BM7331 CA HOSO8MAINO I CA 8mainpc9 CA MEDRECFRNTD CA F.SK2 scn03m14776 CA lishetxc2 CA hshctxc2 CA HARTZELL JR, PAUL C sen03rm4868 CA Reason Reque0ed Tititon; kay Otiniin) I3:J2 Printed rrom: tthk Management Page: 7 of 8 DaterTime 08- Mar -2011 09:24 08 -Mar -2011 10:50 08 -Mar -2011 11:01 OS-Mar-2011 14 :15 08- Mar -2011 14:29 OR-Mar-2011 14:33 Uscr Name Tipton, Kay Fcidt, Ellen M Tipton, Kay Fcidt, Ellen M Tipton, Kay Tipton, Kay Uscr ID kctipton efeidt ketipton efeidt ketipton ketipton Patient ID 474932/000039191028 474932/000039231576 474932/000039231576 474932/000039231576 474932/000039231576 474932 / 000036681831 Patient Name HARTZELL JR, PAUL C TARTZELL JR, PAUL C HARTZELL JR, PAUL C IARTZELL JR. PAUL C HARTZELL JR, PAUL C HARTZELL JR, PAUL C W'orkstationlD scn03rm4C68 sen03rm4776 scn03rm4R68 scn03rm4776 sen03nn4868 scn03rm4R6R Audit Type CA CA CA CA CA CA Reason Printed frrim Risk ;\T[na�ement Poffe: 8 ors CERTIFICATE OF SERVICE AND NOW, March 14, 2014, I, Aaron S. Jayman, Esquire, hereby certify that I did serve a true and correct copy of the foregoing RESPONSE TO PLAINTIFF'S MOTION TO COMPEL DIRECTED TO HOLY SPIRIT HOSPITAL AND HOLY SPIRIT HEALTH SYSTEM upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Andrew S. Youman, Esquire Geary L. Yeisley, Esquire Thomas R. Kline, Esquire KLINE & SPECTER, P.C. 1525 Locust Street, 19th Floor Philadelphia, PA 19102 (Counsel for Plaintiff) Craig A. Stone, Esquire MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN, P.C. Suite 201 100 Corporate Center Drive Camp Hill, PA 17001 (Counsel for Kerri Mateer, P.A.-C.) Michael D. Pipa, Esquire STEVENS & LEE, P.C. 17 North Second Street 16th Floor Harrisburg, PA 17101 (Counsel for Jeffrey S. Fugate, D.O., Ira Sackman, M.D. and Associated Cardiologists, P.C.) Aaron Myman, Esquire BRENDA D. HARTZELL, : IN THE COURT OF COMMON PLEAS OF Administratrix of the Estate of : CUMBERLAND COUNTY, PENNSYLVANIA PAUL C. HARTZELL, JR., DECEASED, : PLAINTIFF V. HOLY SPIRIT HOSPITAL, ET AL., DEFENDANTS : 12 -4665 CIVIL TERM ORDER OF COURT AND NOW, this 411 day of March, 2014, upon consideration of Plaintiff's motions to compel, and the response of Holy Spirit Hospital and Holy Spirit Health Systems (Holy Spirit) thereto and following a conference with counsel in chambers, IT IS ORDERED AND DIRECTED as follows: 1. The motion to compel Holy Spirit to provide responses to Plaintiff's discovery is DISMISSED AS MOOT, Plaintiff having provided said responses. 2. The motion to compel deposition of witnesses is likewise DISMISSED AS MOOT because depositions have been scheduled. 3. The motion to compel Holy Spirit to provide more specific substantive responses to Plaintiff's discovery with respect to additional insurance coverage is DENIED without prejudice to Plaintiff's right to request the court to revisit the issue should it become relevant during settlement negotiations. 4. The motion to compel Holy Spirit to provide more specific substantive responses regarding the audit trail is GRANTED IN PART. Specifically, within twenty (20) days of this order, Holy Spirit is DIRECTED to supply the Defendant with the audit trail from March 4, 2011 to the date of the initiation of this suit. Holy Spirit may redact from the audit trail the names of all individuals who were not involved in the care of the decedent who accessed the file following his death, and those who accessed the file for the purposes of peer review or patient safety review. By the Court, Albert H. Masland, J. .,/IN.r.-Iirew S. Youman, Esquire For Plaintiff XIlichael D. Pipa, Esquire For Defendants, Jeffery S. Fugate, D.O., Ira Sackman, M.D., and Associated Cardiologists, P.C. /Komas M. Chairs, Esquire Aaron S. Jayman, Esquire For Defendants, Holy Spirit Hospital, Holy Spirit Health System, and Sushma Kaushik, M.D. Craig A. Stone, Esquire For Defendant, Kerri Mateer, PA-C :sal 4j'Es ; / .1 Ill ;i KLINE & SPECTER, P.C. By: Thomas R. Kline, Esquire Andrew S. Youman, Esquire Geary L. Yeisley, Esquire Attorney ID Nos. 28895/65924/205719 1525 Locust Street, 19th Floor Philadelphia, PA 19102 (215) 772-1000 2'j rf 7 All 11: 3 7jUEilitin COUNTY PENNSYLVANIA Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRENDA D. HARTZELL, Administratrix of the Estate of PAUL C. HARTZELL, JR., DECEASED Docket No. 12-4665 CIVIL ACTION— LAW Plaintiff JURY TRIAL DEMANDED v. HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM, SUSHMA KAUSHIK, • M.D., JEFFREY S. FUGATE, D.O., KERRI • MATEER, PA-C, IRA SACKMAN, M.D., • ASSOCIATED CARDIOLOGISTS, P.C. STIPULATION OF DISMISSAL It is hereby stipulated and agreed by and between undersigned counsel that all claims against Jeffrey S. Fugate, D.O. are hereby DISMISSED WITHOUT PREDJUICE. Each party agrees that they will not offer or elicit any evidence at trial critical of Dr. Fugate, or which in any way suggests that his conduct fell below accepted standards of care or caused harm to Paul C. Hartzell, Jr. The caption shall be amended as reflected in the attached Exhibit "A." Page 1 of 2 This Stipulation may be signed and filed in counterparts. KLINE & SPECTER Thomas R. Kline, Esquire Andrew S. Youman, Esquire Geary L. Yeisley, Esquire 1525 Locust Street, 19th Floor Philadelphia, PA 19102 Counsel for Plaintiff Date: I'. 3o % Craig A. Melissa L. Kelso, Esquire 100 Corporate Center Drive Suite 201 Camp Hill, PA 17011 Counsel for Kerri Mateer, PA -C Date: FEB 1 0 2014 AND NOW, this day of is hereby APPROVED. DICK1E, MCCAMEY & CHILCOTE Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 Counsel for Holy Spirit Hospital, Holy Spirit Health System and Sushma Kaushik, M.D. Date: STEVENS & LEE, P.C. Michael D. Pipa, 17 North Second Street, 16th Floor Harrisburg, PA 17101 Counsel for Defendants, Jeffrey S. Fugate, D.O., Ira Sackman, M.D., and Associated Cardiologists, P.C. Date: 2,1071 ORDER Page 2 of 2 , 2014, the above Stipulation BY THE COURT: J. This Stipulation may be signed and filed in counterparts. KLINE & SPECTER Thomas R. Cline, Esquire Andrew S. Youman, Esquire Geary L Yeisley, Esquire 1525 Locust Street, 19`h Floor Philadelphia, PA 19102 Counsel for Plaintiff Date: /. 3 o • I MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Craig A. Stone, Esquire Melissa L. Kelso, Esquire 100 Corporate Center Drive Suite 201 Camp Hill, PA 17011 Counsel for Kerri Mateer, PA -C Date: AND NOW, this day of is hereby APPROVED. DI 'A I M' t Y & CHILCOTE Thom . EF + airs, Esquire Aaron . ayman, Esquire Plaza 21, Suite 302 425 North 2r` Street Camp Hill, PA 17011 Counsel for Holy Spirit Hospital, Holy Spirit Health System and Sushma Kaushik, M.D. Date: 1//3// STEVENS & LEE, P.C. Michael D. Pipa, Esquire 17 North Second Street, 16th Floor Harrisburg, PA 17101 Counsel for Defendants, Jeffrey S. Fugate, D.O., Ira Sackman, M.D., and Associated Cardiologists, P.C. Date: ORDER , 2014, the above Stipulation Page 2 of 2 BY THE COURT: J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRENDA D. HARTZELL, Administratrix of the Estate of PAUL C. HARTZELL, JR., DECEASED Docket No. 12 -4665 CIVIL ACTION — LAW Plaintiff JURY TRIAL DEMANDED v. HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM, SUSI-IMA KAUSHIK, M.D., KERRI MATEER, PA -C, IRA SACKMAN, M.D., and ASSOCIATED CARDIOLOGISTS, P.C. EXHIBIT "A" CERTIFICATE OF SERVICE I, Erika L. Montgomery, an employee of Stevens & Lee, P.C., hereby certify that on this date a true and correct copy of the foregoing Stipulation of Dismissal was served upon the following parties by depositing the same in the United States mail, postage prepaid, addressed as follows: Thomas R. Kline, Esquire Andrew S. Youman, Esquire Geary L. Yeisley, Esquire Kline & Specter, P.C. 1525 Locust Street, 19th Floor Philadelphia, PA 19102 Counsel for Plaintiffs Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 Counsel for Holy Spirit Health System and Sushma Kaushik, M.D. Craig A. Stone, Esquire Melissa L. Kelso, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Counsel for Kerri Mateer, PA -C Date: A ?rl 1 W 2014 SL1 1261744v1 041199.00643 KLINE & SPECTER, P.C. By: Thomas R. Kline, Esquire Andrew S. Youman, Esquire Geary L. Yeisley, Esquire Attorney ID Nos. 28895/65924/205719 1525 Locust Street, 19th Floor Philadelphia, PA 19102 (215) 772-1000 !-t P:H? 1 All 11 • 3 AND COUNTY PENNSYLVANIA Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRENDA D. HARTZEIJ, Administratrix of the Estate of PAUL C. HARTZELL, JR., DECEASED Plaintiff HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM, SUSHMA KAUSHIK, M.D., JEFFREY S. FUGATE, D.O., KERRI MATE:ER, PA-C, IRA SACKMAN, M.D., ASSOCIATED CARDIOLOGISTS, P.C. Docket No. 12-4665 CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION OF DISMISSAL It is hereby stipulated and agreed by and between undersigned counsel that all claims against Jeffrey S. Fugate, D.O. are hereby DISMISSED WITHOUT PREDJUICE. Each party agrees that they will not offer or elicit any evidence at trial critical of Dr. Fugate, or which in any way suggests that his conduct fell below accepted standards of care or caused harm to Paul C. Hartzell, Jr. The caption shall be amended as reflected in the attached Exhibit "A." Page 1 of 2 1 This Stipulation may be signed and filed in counterparts. KLINE & SPECTER Thomas R. tUine, Esquire Andrew S. Youman, Esquire Geary L Yeisley, Esquire 1525 Locust Street, 19th Floor Philadelphia, PA 19102 Counsel for Plaintiff Date: /). 30. P/ Craig A. n , uire Melissa L. Kelso, Esquire 100 Corporate Center Drive Suite 201 Camp Hill, PA 17011 Counsel for Kern i Mateer, PA-C Date: FEB 1 0 :014 DICKIE, MCCAMEY & CHILCOTE Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 Counsel for Holy Spirit Hospital, Holy Spirit Health System and Sushma Kaushik, M.D. Date: STEVENS & LEE, P.C. Michael D. Pipa, Esq e 17 North Second Street, 16th Floor Harrisburg, PA 17101 Counsel for Defendants, Jeffrey S. Fugate, D.O., Ira Sackman, M.D., and Associated Cardiologists, P.C. Date: pRDER AND NOW, this /44 day of is hereby APPROVED, Page 2 of 2 , 2014, the above Stipulation BY THE COURT: This Stipulation may be signed and filed in counterparts. KLINE & SPECTER Thomas R. Kline, Esquire Andrew S. Youman, Esquire Geary L. Yeisley, Esquire 1525 Locust Street, 19`1 Floor Philadelphia, PA 19102 Counsel for Plaintiff f Date: %. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Craig A. Stone, Esquire Melissa L. Kelso, Esquire 100 Corporate Center Drive Suite 201 Camp Hill, PA 17011 Counsel for Kerri Mateer, PA -C Date: airs, Esquire Aaron ayman, Esquire Plaza 21, Suite 302 425 North 2r` Street Camp Hill, PA 17011 Counsel for Holy Spirit Hospital, Holy Spirit Health System and Sushma Kaushik, M.D. STEVENS & LEE, P.C. Michael D. Pipa, Esquire 17 North Second Street, l6`h Floor Harrisburg, PA 17101 Counsel for Defendants, Jeffrey S. Fugate, D.D., Ira Sackman, M.D., and Associated Cardiologists, P.C. Date: ORDER AND NOW, this day of is hereby APPROVED. Page 2 of 2 , 2014, the above Stipulation BY THE COURT: J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRENDA D. HARTZELL, Administratrix of the Estate of PAUL C. HARTZELL, JR., DECEASED Docket No. 12-4665 CIVIL ACTION — LAW Plaintiff JURY TRIAL DEMANDED V. HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM, SUSHMA KAUSHIK, M.D., ICERRI MATEER, PA-C, IRA SACKMAN, M.D., and ASSOCIATED CARDIOLOGISTS, P.C. EXHIBIT "A" CERTIFICATE OF SERVICE I, Erika L. Montgomery, an employee of Stevens & Lee, P.C., hereby certify that on this date a true and correct copy of the foregoing Stipulation of Dismissal was served upon the following parties by depositing the same in the United States mail, postage prepaid, addressed as follows: Thomas R. Kline, Esquire Andrew S. Youman, Esquire Geary L. Yeisley, Esquire Kline & Specter, P.C. 1525 Locust Street, 19th Floor Philadelphia, PA 19102 Counsel for Plaintiffs Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 Counsel for Holy Spirit Health System and. Sushma Kaushik, MD. Craig A. Stone, Esquire Melissa L. Kelso, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Counsel for Kern i Mateer, PA-C Date: fl?ril 1(o 2014 SL1 1261744v1 041199.00643 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRENDA D. HARTZELL, Administratrix of the : Docket No. 12-4665 Estate of PAUL C. HARTZELL, JR., Deceased, : Plaintiff : CIVIL ACTION — LAW llLaER PENA'S .Y ,iNIA v. : JURY TRIAL DEMANDED HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM, SUSHMA KAUSHIK, M.D., : JEFFREY S. FUGATE, D.O., KERRI MATEER, PA -C, IRA SACKMAN, M.D., ASSOCIATED CARDIOLOGISTS, P.C. Defendants. ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of B. Craig Black, Esquire of Stevens & Lee, on behalf of Defendants, Jeffrey S. Fugate, D.O., Ira Sackman, M.D., and Associated Cardiologists, P.C., and serve all papers at 51 South Duke Street, Lancaster, PA 17602. Notice by copy hereof is given to all counsel of record. Date: /Ay g, 201 f SL1 1301303v1 041199.00643 STEVENS & LEE By. B. Cr. C lack, Esquire AttID #36818 51 • uth Duke Street Lancaster, PA 17602 (717) 291-1031 - Phone (717) 394-7726 — Facsimile Counsel for Defendants Jeffrey S. Fugate, D.O., Ira Sackman, M.D., and Associated Cardiologists, P.C. 1 CERTIFICATE OF SERVICE I, B. Craig Black, Esquire, hereby certify that on this date, I served a certified true and correct copy of the foregoing Entry of Appearance upon the following counsel of record, by depositing the same in the United States mail, postage prepaid, addressed as follows: Thomas R. Kline, Esquire Andrew S. Youman, Esquire Geary L. Yeisley, Esquire Kline & Specter, P.C. 1525 Locust Street, 19th Floor Philadelphia, PA 19102 Counsel for Plaintiffs Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 Counsel for Holy Spirit Health System and Sushma Kaushik, M.D. Craig A. Stone, Esquire Melissa L. Kelso, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite. B Harrisburg, PA 17112 Counsel for Kerri Mateer, PA -C Date: ILI(LLi) 20 c9. SL1 1301303v1 041199.00643 2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRENDA D. HARTZELL, Administratrix of the : Docket No. 12-4665 Estate of PAUL C. HARTZELL, JR., Deceased, : Plaintiff : CIVIL ACTION — LAW v. : JURY TRIAL DEMANDED HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM, SUSHMA KAUSHIK, M.D., : JEFFREY S. FUGATE, D.O., KERRI MATEER, PA -C, IRA SACKMAN, M.D., ASSOCIATED CARDIOLOGISTS, P.C. Defendants. WITHDRAWAL OF APPEARANCE To the Prothonotary: Kindly withdraw the appearance of Michael D. Pipa, Esquire only, on behalf of Defendants Jeffrey S. Fugate, D.O., Ira Sackman, M.D., and Associated Cardiologists, P.C. Date: qfre SL1 1303650v1 041199.00643 STEVENS & LEE By: Michael D. Pipa, Es re Attorney I.D. No. 53624 17 North Second Street, 16th Floor Harrisburg, PA 17101 (717) 255-7376 (610) 371-7743 (facsimile) mdp@stevenslee.com 1 CERTIFICATE OF SERVICE I, Erika L. Montgomery, an employee of Stevens & Lee, P.C., certify that on this date, I served a certified true and correct copy of the foregoing document upon the following counsel of record, by depositing the same in the United States mail, postage prepaid, addressed as follows: Thomas R. Kline, Esquire Andrew S. Youman, Esquire Geary L. Yeisley, Esquire Kline & Specter, P.C. 1525 Locust Street, 19th Floor Philadelphia, PA 19102 Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 Counsel for Holy Spirit Health System and Sushma Kaushik, M.D. Craig A. Stone, Esquire Melissa L. Kelso, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 Counsel for Kerri Mateer, PA -C Date: IbV 10, MI Lf SL1 1303650v1 041199.00643 euke,Mr 2 Dam, fj BRENDA D. HARTZELL, Administratrix of the Estate of PAUL C. HARTZELL, JR., Deceased Plaintiff, v. HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM, SUSHMA KAUSHIK, M.D., KERRI MATEER, PA -C, IRA SACKMAN, M.D., ASSOCIATED CARDIOLOGISTS, P.C., Defendants. : COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 12-4665 : CIVIL ACTION – LAW : JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of B. Craig Black, Esquire of Stevens and Lee, on behalf of Defendants, Ira Sackman, M.D. and Associated Cardiologists, P.C., only, in the above action. Notice by copy hereof is given to all counsel of record. Dated: July 7- , 2014 SL 1 1311460v 1041199.00643 STEVENS & LEE By: g_47 B. c , squire Atto ' , ID #36818 51 o h Duke Street L. caster, PA 17601 Telephone: (717) 291-1031 Facsimile: (717) 394-7726 Attorneys for Defendants, Ira Sackman, M.D. and Associated Cardiologists, P.C. CERTIFICATE OF SERVICE I, B. Craig Black, Esquire, hereby certify that on this date, I served a certified true and correct copy of the foregoing Withdrawal of Appearance upon the following counsel of record, by depositing the same in the United States mail, postage prepaid, addressed as follows: 1' Date: July / , 2014 SLI 1311460v1 041199.00643 Thomas R. Kline, Esquire Andrew S. Youman, Esquire Geary L. Yeisley, Esquire Kline & Specter, P.C. 1525 Locust Street, 19th Floor Philadelphia, PA 19102 Counsel for Plaintiffs Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 North 21St Street Camp Hill, PA 17011 Counsel for Holy Spirit Health System and Sushma Kaushik, M.D. Craig A. Stone, Esquire Melissa L. Kelso, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Counsel for Kerri Mateer, PA -C IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRENDA D. HARTZELL, Administratrix of the : Docket No. 12-4665 Estate of PAUL C. HARTZELL, JR., Deceased, : Plaintiff v. : CIVIL ACTION — LAW HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM, SUSHMA KAUSHIK, M.D., : KERRI MATEER, PA -C, IRA SACKMAN, M.D., : ASSOCIATED CARDIOLOGISTS, P.C. Defendants. JURY TRIAL DEMANDED ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Michael D. Pipa, Esquire on behalf of Defendants Ira Sackman, M.D., and Associated Cardiologists, P.C. STEVENS & LEE Date: July 14, 2014 By: SL1 1312405v1 041199.00643 Michael D. Pipa, Esqui Attorney I.D. No. 53624 17 North Second Street, 16th Floor Harrisburg, PA 17101 (717) 255-7376 (610) 371-7743 (facsimile) mdp@stevenslee.com Counsel for Defendants Ira Sackman, M.D., and Associated Cardiologists, P.C. 1 CERTIFICATE OF SERVICE I, Erika L. Montgomery, an employee of Stevens & Lee, P.C., certify that on this date, I served a certified true and correct copy of the foregoing document upon the following counsel of record, by depositing the same in the United States mail, postage prepaid, addressed as follows: Date: DIV 11, SL1 1312405v1 041199.00643 Thomas R. Kline, Esquire Andrew S. Youman, Esquire Geary L. Yeisley, Esquire Kline & Specter, P.C. 1525 Locust Street, 19th Floor Philadelphia, PA 19102 Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 Counsel for Holy Spirit Health System and Sushma Kaushik, M.D. Craig A. Stone, Esquire Melissa L. Kelso, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 100 Corporate Center Drive, Suite 201 Camp Hill, PA 17011 Counsel for Kerri Mateer, PA -C 2 WIN/nun OF THE KLINE & SPECTER, P.C.PROTHONOTARY By: Thomas R. Kline, Esquire 2Oltf JUL. 23 Ail 10: 07 Andrew S. Youman, Esquires; �'iA°96ERL ti COUNTY Attorney ID Nos. 28895/ 5924/205719 Geary L. Yeisley, Esquire PENNSYLVANIA 4' 1525 Locust Street, 19th Floor Philadelphia, PA 19102 (215) 772-1000 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRENDA D. HARTZELL, Administratrix of the Estate of PAUL C. HARTZELL, JR., DECEASED Docket No. 12-4665 CIVIL ACTION — LAW Plaintiff JURY TRIAL DEMANDED v. HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM, SUSHMA KAUSHIK, M.D., JEFFREY S. FUGATE, D.O., KERRI MATEER, PA -C, IRA SACKMAN, M.D., ASSOCIATED CARDIOLOGISTS, P.C. STIPULATION OF DISMISSAL It is hereby stipulated and agreed by and between undersigned counsel that all claims against Kerri Mateer, PA -C are hereby DISMISSED WITHOUT PREDJUICE. Each party agrees that they will not offer or elicit any evidence at trial critical of PA -C Mateer., or which in any way suggests that her conduct fell below accepted standards of care or caused harm to Paul C. Hartzell, Jr. The caption shall be amended as reflected in the attached Exhibit "A." Page 1 of 3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRENDA D. HARTZELL, Administratrix of the Estate of PAUL C. HARTZELL, JR., DECEASED Docket No. 12-4665 CIVIL ACTION — LAW Plaintiff JURY TRIAL DEMANDED v. HOLY SPIRIT. HOSPITAL, HOLY SPIRIT HEALTH SYSTEM, SUSHMA KAUSHIK, M.D., IRA SACKMAN, M.D., and ASSOCIATED CARDIOLOGISTS, P.C. EXHIBIT "A" Page 3 of 3 This Stipulation may be signed and filed in counterparts. KLINE & SPECTER Thoma ' . ine, uire Andr• `. You , Esq Gear, . Yeisley, Esquir 1525 Locust Street, 19`h Floor Philadelphia, PA 19102 Counsel for Plaintiff Date: 02/ /471 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Craig A. Stone, Esquire Melissa L. Kelso, Esquire 100 Corporate Center Drive Suite 201 Camp Hill, PA 17011 Counsel for Kerri Mateer, PA -C Date: AND NOW, this is hereby APPROVED. day of DICKIE, MCCAMEY & CHILCOTE Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 Counsel for Holy Spirit Hospital, Holy Spirit Health System and Sushma Kaushik, M.D. Date: STEVENS & LEE, P.C. B. Craig Black, Esquire 51 South Duke Street Lancaster, PA 17602 Counsel for Defendants, Ira Sackman, M.D., and Associated Cardiologists, P.C. Date: ORDER , 2014, the above Stipulation Page 2 of 3 BY THE COURT: J. This Stipulation may be signed and filed in counterparts. KLINE & SPECTER Thomas R. Kline, Esquire Andrew S. Youman, Esquire Geary L. Yeisley, Esquire 1525 Locust Street, 19th Floor Philadelphia, PA 19102 Counsel for Plaintiff Date: MARS 4,,„, jD H �.., COL a ', or Craig A. S 'ane, Esquire Melissa L. Kelso, Esquire 100 Corporate Center Drive Suite 201 Camp Hill, PA 17011 Counsel for Kerri Mateer, PA -C Date: co( --7111-1— AND NOW, this is hereby APPROVED. day of DICKIE, MCCAMEY & CHILCOTE Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Plaza 21, Suite 302 425 North 21g Street Camp Hill, PA 17011 Counsel for Holy Spirit Hospital, Holy Spirit Health System and Sushma Kaushik, M.D. Date: STEVENS & LEE, P ,c5c B. Craig Black, Esquire 51 South Duke Street Lancaster, PA 17602 Counsel for Defendants, Ira Sackman, M.D., and Associated Cardiologists, P.C. Date: 7 ORDER Page 2 of 3 , 2014, the above Stipulation BY THE COURT: J. This Stipulation may be signed and filed in counterparts. KLINE & SPECTER Thomas R. Kline, Esquire Andrew S. Youman, Esquire Geary L. Yeisley, Esquire 1525 Locust Street, 19th Floor Philadelphia, PA 19102 Counsel for Plaintiff Date: Co Craig A. S ne, Esquire Melissa L. Kelso, Esquire 100 Corporate Center Drive Suite 201 Camp Hill, PA 17011 Counsel for Kerrl Mateer, PA -C Date: GI 2l \ t [ AND NOW, this day of is hereby APPROVED. Tho Aaron S. quire Plaza 21, Su 425 North 214 Street Camp Hill, PA 17011 Counsel for Holy Spirit Hospital, Holy Spirit Health System and Sushma Kaushik, M.D. Date: STEVEN & LEE, P B. Craig Black, Esquire 51 South Duke Street Lancaster, PA 17602 Counsel for Defendants, Ira Sackman, M.D., and Associated Cardiologists, P.C. Date: 71 ► t ��" ORDER Page 2 of 3 2014, the above Stipulation BY THE COURT: This Stipulation may be signed and filed in counterparts. KLINE & SPECTER Thoma ' . ine, a uire Andr- You . • , Esq Gear, . Yeisley, Esquir 1525 Locust Street, 19`h Floor Philadelphia, PA 19102 Counsel for Plaintiff Date: .2/ 471 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Craig A. Stone, Esquire Melissa L. Kelso, Esquire 100 Corporate Center Drive Suite 201 Camp Hill, PA 17011 Counsel for Kerri Mateer, PA -C Date: AND NOW, this io day of is hereby APPROVED. tf) 65 cv DICKIE, MCCAMEY & CHILCOTE Thomas M. Chairs, Esquire Aaron S. Jayman, Esquire Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 Counsel for Holy Spirit Hospital, Holy Spirit Health System and Sushma Kaushik, M.D. Date: STEVENS & LEE, P.C. B. Craig Black, Esquire 51 South Duke Street Lancaster, PA 17602 Counsel for Defendants, Ira Sackman, M.D., and Associated Cardiologists, P.C. Date: ORDER cc:01 eS %aAt 441 Pt • -P1*(0 A4g e .s+41,4.. A �G 4 4. 'x 4'e��sL�. Its Page 2 of 3 7/a , 2014, the above Stipulation BY THE COURT: J. BRENDA D. HARTZELL, Administratrix of the Estate of PAUL C. HARTZELL, JR., Deceased, Plaintiff, v. HOLY SPIRIT HOSPITAL; HOLY SPIRIT HEALTH SYSTEM; SUSHMA KAUSHIK, M.D.; KERRI MATEER, PA. -C.; IRA SACKMAN, M.D. AND ASSOCIATED CARDIOLOGISTS, P.C., Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-4665 CIVIL ACTION - MEDICAL JURY TRIAL DEMANDED AMENDED DISCOVERY MANAGEMENT ORDER AND TRIAL LISTING AND NOW, this �) day of , 2014, upon agreement of the parties, the following Order is entered: 1. Defendants' expert reports shall be due by 2. Replies to expert reports shall be due by 3. All dispositive motions are to be filed by September 15, 2014 October 15, 2014 November 1, 2014 4. All responses to any dispositive motions shall be filed by November 20, 2014 5. Any party may list this case for trial by the signing of a Trial Praecipe, for the March 2015 civil trial term. 6. This case shall be placed on the March, 2015 Trial List and all parties/counsel are hereby attached for the March 2015 civil trial term. BY THE COURT: Co ies mailed to: ✓Geary L. Yeisley, Esquire/ Andrew S. Youman, Esquire ../Michael D. Pipa, Esquire /Thomas M. Chairs, Esquire/Aaron S. Jayman, Esquire I.€3 /'cwt PRAECIPE FOR LISTING CASE FOR JURY TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case for a Jury Trial. TAR 2Rit, tTr,„ 10 I ft_ A CAPTION OF CASE (entire caption must be stated in full' (check one) Civil Action — Law E Appeal from arbitration Brenda D. Hartzell, Administratrix of the Estate of Paul C. Hartzell, Jr., Deceased (Plaintiff) No. 12-4665 Civil Term (other) vs. Holy Spirit Hospital, Holy Spirit The trial list will be called on rp.hl-thary 24,2015 Health System, Sushma Kaushik, M.D. and Ira Sackman, M.D ans Associated Cardiologists, P.C. Pretrials will be held on March 11, 2015 (Briefs are due 5 days before pretrials) Trials commence on March 23, 201 Indicate the attorney who will try case for the party who files this praecipe: Thomas R. Kline, Esquire; Andrew S. Youman, Esquire and Geary L. Yeisley, Esquire Indicate trial counsel for other parties if known: Thomas M. Chairs, Esquire, Aaron S. Jayman, Esquire and Michael D. Pipa, Esquire This case is ready for trial. Date: November 20, 2014 Signed: Print NC -4 Ge, ry . Yeis''Iry, Esquire Attorn or: Plathtiff q.75 c(-10- 0,1-1-9 004 ) Lata6 D-4 '1,1'1'1;0