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HomeMy WebLinkAbout12-4709ANGE40 & ROVNER, P.C. Neil J. Rovner, Esquire Attorney ID# : 22108 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: nrovner@angino-rovner.com 0F rife "LED - OFF 2#12 W JUL 27 pM %%Aft Col 'YL VA NIAttorney for Plaintiff JUSTIN J. MCGARRITY, Plaintiff V. VISWANATHAN SUBHA IYER, M.D.; SELECT SPECIALTY HOSPITAL - CENTRAL PENNSYLVANIA, L.P., A GENERAL PARTNERSHIP OF SELECT SPECIALTY HOSPITALS, INC.; and ASSOCIATES IN KIDNEY DISEASES, HYPERTENSION AND INTENSIVE CARE MEDICINE, LLC., Defendant IN THE COURT OF COMMON PLEA CUMBERLAND COUNTY, PA NO. 12 - ?7 0 / (/P/,/ CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY JURY TRIAL DEMANDED NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST ? CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WIT] TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY FILLING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR / MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR REI REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR' OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAIL ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 e ,f 9791/7 I 74 ,? 06 ry Y Avl? N T IA USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta demanda puestas en las sigurentes PAGINAS, USTED TIENEN QUE TOMAR ACCIO DENTRO VEINTE (20) dias despises que esta Demanda y Aviso es servido, con i,entrando p escrito una aparencia personalmente o por un aborgado y archivando por escrito co la Corte s defenses o objections a las demandas puestas en esta contra usted. Usted es adverti o que si fal de hacerio el caso puede proceder sin usted y un jazgamiento puede ser entmdo tra usted p la Corte sin mas aviso por cualquier dinero reclamando en la Demanda o por ualquier of reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiiedad o ostr derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGANDO ENSEGUID SI USTI NO TIENE UN ABORGADO, VAYA O LLAME POR TELEFONO LA OF IC A FIJAE AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACIO DE CON CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFIC A PUEI PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER?SERVICI( LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-8811-99©-9108 717-249-3166 2 ANGINO & ROVNER, P.C. Neil J. Rovner, Esquire Attorney ID# : 22108 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6741 FAX (717) 238.5610 E-mail: nrovncr@angino-rovner.com Attorney for4 Plaintiff JUSTIN J. MCGARRITY, Plaintiff V. VISWANATHAN SUBHA IYER, M.D.; SELECT SPECIALTY HOSPITAL - CENTRAL PENNSYLVANIA, L.P., A GENERAL PARTNERSHIP OF SELECT SPECIALTY HOSPITALS, INC.; and ASSOCIATES IN KIDNEY DISEASES, HYPERTENSION AND INTENSIVE CARE MEDICINE, LLC., Defendant IN THE COURT OF COMMON PLP CUMBERLAND COUNTY, PA NO. CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Justin J. McGarrity, (hereinafter "Plaintiff McGarrity" ) is an individual residing in Harrisburg, Dauphin County, Pennsylvania. 2. Defendant Viswanathan Subha Iyer, M.D., (hereinafter "Defendant Iyer") i a medical physician practicing in the specialty of rehabilitative medicine in Camp Hill, Cumberland County, Pennsylvania. 3. At all relevant times Defendant Iyer was an employee, agent, and servant of Select Specialty Hospitals, Inc. acting within the course and scope of his employment. Plain ffs are asserting a professional liability claim against this Defendant. A Certificate of Merit is fi ed herewith. 4. Defendant Select Specialty Hospital - Central Pennsylvania, L.P., and its partner Select Specialty Hospitals, Inc. (hereinafter "Defendant Select Specialty") is a 3 medical institution providing comprehensive medical care located in Camp Hill, County, Pennsylvania created under the laws of the Commonwealth of Pennsylvania. are asserting a professional liability claim against this Defendant. A Certificate of (Merit is herewith. 5. Defendant Associates in Kidney Disease, Hypertension and Intensive Medicine, LLC is a corporate medical institution providing comprehensive medical care lo( in Mechanicsburg, Cumberland County, Pennsylvania created under the laws of Commonwealth of Pennsylvania. Plaintiffs are asserting a professional liability (claim ag this Defendant. A Certificate of Merit is filed herewith. 6. Nurses and other personnel treating Plaintiff McGarrity between August 27 September 3, 2010, were employees, agents and servants, or apparent employees, agents servants of Defendant Select Specialty acting within the course and scope of their 7. The facts and occurrences hereinafter related took place between August 27, 20110 and the present. 8. On July 16, 2010, Plaintiff McGarrity was involved in a motorcycle which resulted in his being paralyzed at the T5 area. 9. He was seen emergently at the Milton S. Hershey Medical Center (where he treated for his injuries. 10. On or about August 27, 2010, Plaintiff McGarrity was transferred to Select Specialty for rehab. 11. On or about September 1, 2010, Plaintiff McGarrity began to show signs diarrhea and soft stool. of 4 12. It had been previously noted that he was having soft stools and suppository held on August 31, 2010. 13. On September 2, 2010, at approximately 8:10 p.m. he was noted to have, distended abdomen and was receiving Vancomycin and Cefazolin. a 14. At 8:40 p.m. on September 2, 2010, Defendant Iyer was called by the nurs s regarding Plaintiff McGarrity's condition. 15. Again, at 11:10 p.m. Defendant Iyer was informed about Plaintiff McGarri 's increased anxiety, increased heart rate and lack of urine output, as well as his distend ,-d abdomen. 16. Defendant Iyer did not come in or issue any orders pertaining to Plait McGarrity's gastrointestinal symptoms. 17. On September 3, 2010, at 6:00 a.m. nurses calf Defendant Iyer about patient's overall status which was declining. 18. Defendant Iyer was called ten minutes later because Plaintiff McGarri 's respiratory status had declined. 19. Plaintiff McGarrity had to be intubated at approximately 7:40 a.m. 20. Plaintiff McGarrity's father, John McGarrity, received a phone call l from a saying that Justin had been unresponsive since 5:30 a.m. 21. The doctor, believed to be Defendant Iyer, asked John McGarrity 44W should done concerning Justin. 22. John indicated that Justin should be sent immediately to the Hershey Center. 5 23. dill. At Hershey Medical Center Plaintiff McGarrity was quickly diagnosed with 24. As a result in the delay of providing him medication, Plaintiff McGa underwent four operations requiring the removal of his colon and four-feet of small intestine. 25. Plaintiff McGarrity now has a permanent illiostomy as a result of the C colitis. 26. Plaintiff McGarrity was an inpatient from September 3, 2010 to December 2010, at the Hershey Medical Center. 27. Plaintiff McGarrity entered the Hershey Rehab Center from December 18, to January 11, 2011. 28. On February 16, 2011 to May 13, 2011, Plaintiff McGarrity was to rehabilitated again at the MaGee Rehab Hospital in Philadelphia. COUNT I 29. Paragraphs 1 through 28 are incorporated herein as set forth at length. 30. Defendant Iyer was negligent, careless, and violated the appropriate (standards care for: (a) failure to test for C-diff despite Plaintiff McGarrity's soft stools, diarr: distended abdomen and his receiving antibiotics known to potentiate possibility of C-diff colitis; (b) failure to appropriately respond to the nurses calls regarding Plait McGarrity's deteriorating condition; T 0 6 (c) failure to include C-diff colitis in his differential diagnosis; and (d) failure to attend to Plaintiff McGarrity despite his deteriorating conditi WHEREFORE, Plaintiff Justin J. McGarrity demands judgment against D Viswanathan Subha Iyer, M.D., in an amount in excess of fifty thousand ($50000) exclusive of interest and costs, and in excess of any jurisdictional amount requiring con arbitration. CO NT II JUSTIN J. MCGARRITY v. SELECT SPECIALTY HOSPITAL - CENTRAL PENNSYLVANIA, L.P. AND ITS GENERAL PAR'T'NER SELECT SPECIALTY HOSPITALS. INC. 31. Paragraphs 1 through 30 are incorporated herein as set forth at length. 32. Defendant Select Specialty, through its agent, servant and apparent agent and servant, Defendant Viswanathan Subha Iyer, M.D., is negligent as follows: (a) failure to follow the appropriate protocols and procedures in place quickly screen patients for C-dill; (b) failure to recognize the signs and symptoms of C-diff when (signs of lod stools, diarrhea and abdominal distention were found; (c) failure to suspect C-diff infection even though Plaintiff Mcoarrity was antibiotics known to potentiate the possibility of C-diff infection; and (d) failure to follow through on requests for evaluation by a physician Defendant Iyer failed to come in. WHEREFORE, Plaintiff Justin J. McGarrity demands judgment against Defe Select Specialty Hospital - Central Pennsylvania, L.P., and its general partner Select Sp Hospitals, Inc., in an amount in excess of fifty thousand ($50,000) dollars, exclusive of i and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. to 7 CQUNT, JUSTIN J. MCGARRITY v. ASSOCIATES IN KIDNEY DISEASE, HYP>R'R'MSIONAND INTENSS1IVE CA 'UM& C_ 33. Paragraphs 1 through 32 are incorporated herein as set forth at length. 34. Defendant Associates in Kidney Disease, Hypertension and Intensive Care Medicine, LLC, through its agent, servant and apparent agent and servant, Defendant Viswanathan Subha Iyer, M.D., is negligent as a result of his activities set forth inl Paragraphs 1 through 32 above. WHEREFORE, Plaintiff Justin J. McGarrity demands judgment against Defen 1 Associates in Kidney Disease, Hypertension and Intensive Care Medicine, LLC, in', an amount it excess of fifty thousand ($50,000) dollars, exclusive of interest and costs, and in excess of y jurisdictional amount requiring compulsory arbitration. CLAIM II DAMAGES JUSTIN J. MCGARRITY v. VISWANATHAN SUBHA IYER, M.P.; SELECT SPECIALTY HOSPITAL - CENTRAL PENNSYLVANIA, L.P. AND ITS GENERAL PARTNER SELECT SPECIALTY HOSPITALS, INC., AND ATE MIA AND INTENSIVE CARE LL' E NSION 35. Paragraphs 1 through 34 are incorporated herein as if set forth at length. 36. As a result of the injuries suffered by Plaintiff McGarrity, Plaintiff McGarrity 1 sustained loss of life's pleasures, and claim is made therefor. 37. As a result of the injuries suffered by Plaintiff McGarrity, he has been forced) to incur pain, suffering, humiliation, and claim is made therefor. 8 38. As a result of the injuries suffered by Plaintiff McGarrity, he has been forced incur medical expenses, and will continue to incur medical expenses uncompensated insurance at this time, in an attempt to improve his condition, and claim is made !',therefor. 39. Plaintiff McGarrity is twenty-seven (27) years of age having been born November 4, 1984. 40. Plaintiff McGarrity's injuries are of a permanent nature. 41. As a result of his injuries, Plaintiff McGarrity has in the past and may in future experience pain, suffering, humiliation, disfigurement, loss of life's pleasures enjoyment, limitation, and mental anguish, and claims are made therefor. 42. As a result of his injuries, Plaintiff McGarrity has suffered, and may in the suffer loss of earnings and earning capacity and claims are made therefor. WHEREFORE, Plaintiff Justin J. McGarrity demands judgment against Defenda Viswanathan Subha Iyer, M.D. and Select Specialty Hospital - Central Pennsylvania, L.P., its general partner Select Specialty Hospitals, Inc. and Associates in Kidney Disei Hypertension and Intensive Care Medicine, LLC in an amount in excess of fifty thous ($50,000) dollars, exclusive of interest and costs, and in excess of any jurisdictional amo requiring compulsory arbitration. Date: July 26, 2012 ANGINO & ROVNER, P.C. Neil' J. R;tJ1 E ui PA I.D. 1 8 4503 N. Street Harrisbuft, PA 17110 (717) 238-6791 nrovner@angino-rovner.com Counsel for Plaintiff 9 VERMCAUON- I, Justin J. McGarrity, Plaintiff, have read the foregoing Complaint and do hereby swear affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the pCnallties of 8 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. Wi ss J . McGarri Dated: 7 // Date: 9 ANGINO & ROVNER, P.C. Neil J. Rovner, Esquire Attorney MO : 22108 4303 North Front Street Harrisburg, PA 17110-1708 (717) 238-6741 FAX (717) 238-5610 E-mail: nrovner@angino-rovner.com Attorney for Plaintiff JUSTIN J. MCGARRITY, Plaintiff V. VISWANATHAN SUBHA IYER, M.D.; SELECT SPECIALTY HOSPITAL - CENTRAL PENNSYLVANIA, L.P., A GENERAL PARTNERSHIP OF SELECT SPECIALTY HOSPITALS, INC.; and ASSOCIATES IN KIDNEY DISEASES, HYPERTENSION AND INTENSIVE CARE MEDICINE, LLC., Defendant IN THE COURT OF COMMON CUMBERLAND COUNTY, PA NO. CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY JURY TRIAL DEMANDED Certificate of Merit as to Viswanathae Subha Iyer, M.D. I, Neil J. Rovner, certify that: ( ) an appropriate licensed professional has supplied a written statement to igned that there is a basis to conclude that the care, skill or know led exercise4 exhibited by this defendant in the treatment, practice or work that is the ubjw of complaint, fell outside acceptable professional standards and that such conduct wi cause in bringing about the harm; AND/OR ( ) the claim that this defendant deviated from an acceptable professional stan( is based solely on allegations that other licensed professionals for whom this defendai responsible deviated from an acceptable professional standard and a? i appropi licensed professional has supplied a written statement to the undersigned liat there basis to conclude that the care, skill or knowledge exercised or exhibited by the o licensed professionals in the treatment, practice or work that is the object of complaint, fell outside acceptable professional standards and that such conduct w, cause in bringing about the harm; OR ( ) expert testimony of an appropriate licensed professional is unnecessary prosecution of the claim against this defendant. /A Neil J. Date: July 26, 2012 11 a rd is to a er [ie a __ T ANGINO & ROVNER, P.C. Neil J. Rovner, Esquire Attorney ID# : 22108 4503 North Fran Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: nrovna@angino-rovner.com Attorney fort Plaintiff JUSTIN J. MCGARRITY, Plaintiff V. VISWANATHAN SUBHA IYER, M.D.; SELECT SPECIALTY HOSPITAL - CENTRAL PENNSYLVANIA, L.P., A GENERAL PARTNERSHIP OF SELECT SPECIALTY HOSPITALS, INC.; and ASSOCIATES IN KIDNEY DISEASES, HYPERTENSION AND INTENSIVE CARE MEDICINE, LLC., Defendant IN THE COURT OF COMMON CUMBERLAND COUNTY, PA NO. CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY JURY TRIAL DEMANDED Certificate of Merit as to Select Specialty Hospital - Central Pennsylvan* I?.P. and its General Partner Select Specialty Hospitals, Inc. I, Neil J. Rovner, certify that: ( ) an appropriate licensed professional has supplied a written statement to e undersigned that there is a basis to conclude that the care, skill or knowl exercised or exhibited by this defendant in the treatment, practice or work that is the ubject of e complaint, fell outside acceptable professional standards and that such conduct w a cause in bringing about the harm; AND/OR ( ) the claim that this defendant deviated from an acceptable professional stanc is solely on allegations that other licensed professionals for whom this defendai ponsible deviated from an acceptable professional standard and 0 appropi licensed professional has supplied a written statement to the undersigned there basis to conclude that the care, skill or knowledge exercised or exhibited by the o licensed professionals in the treatment, practice or work that is the Subject of complaint, fell outside acceptable professional standards and that such conduct w cause in bringing about the harm; OR ( ) expert testimony of an appropriate licensed professional is unnecessary prosecution of the claim against this defendant. / 7'e . Date: July 26, 2012 Neil J. 12 is a a ANGM & ROVNER, P.C. Neil J. Rovner, Esquire Attomey ID# : 22108 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: nrovner@angino-rovner.eom Attorney fort Plaintiff JUSTIN J. MCC Plaintiff V. VISWANATHAN SUBHA IYER, M.D.; SELECT SPECIALTY HOSPITAL - CENTRAL PENNSYLVANIA, L.P., A GENERAL PARTNERSHIP OF SELECT SPECIALTY HOSPITALS, INC.; and ASSOCIATES IN KIDNEY DISEASES, HYPERTENSION AND INTENSIVE CARE MEDICINE, LLC., Defendant IN THE COURT OF COMMON CUMBERLAND COUNTY, PA NO. CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY JURY TRIAL DEMANDED Certificate of Merit as to Associates in Kidney Disease, Hypertension and Intensive Medicine, LLC I, Neil J. Rovner, certify that: ( ) an appropriate licensed professional has supplied a written atement to undersigned that there is a basis to conclude that the care, skill or knowled a exercise( exhibited by this defendant in the treatment, practice or work that is the subject of complaint, fell outside acceptable professional standards and that such conduct wf cause in bringing about the harm; AND/OR ( 4as6d, the claim that this defendant deviated from an acceptable professional stanc is solely on allegations that other licensed professionals for whom this defendai responsible deviated from an acceptable professional standard and an approp1 licensed professional has supplied a written statement to the undersigned j that there basis to conclude that the care, skill or knowledge exercised or exhibited by the o licensed professionals in the treatment, practice or work that is the subject of complaint, fell outside acceptable professional standards and that such conduct w cause in bringing about the harm; OR ( ) expert testimony of an appropriate licensed professional prosecution of the claim against this defendant. Date: July 26, 2012 Neil J. Rovner / // 13 ON or he ;a trd : is ate sa her the sa for Evan Black, Esquire Attorney I.D. 17784 THOMAS, THOMAS & HAFER LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 717-441-7051 Attorney for Defendant Select Specialty Hospital C3 r* rn.w C == a-) cnt -<>- _'j j t-27 { G -0 =C) JUSTIN J. McGARRITY, Plaintiff V. VISWANATHAN SUBHA IYER, M.D.; SELECT SPECIALTY HOSPITAL - CENTRAL PENNSYLVANIA, L.P., A GENERAL PARTNERSHIP OF SELECT SPECIALTY HOSPITALS, INC.; and ASSOCIATES IN KIDNEY DISEASES, HYERTENSION AND INTENSIVE CARE MEDICINE, LLC.; Defendants. r IN THE COURT OF COMMON PLEAS `A CUMBERLAND COUNTY, : PENNSYLVANIA NO. 12-4709 CIVIL ACTION -LAW MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED 12 JURORS AND ALTERNATES PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Evan Black, Esquire, and the law firm of Thomas, Thomas & Hafer, LLP on behalf of Defendant Select Specialty Hospital - Central Pennsy L.P., a General Partnership of Select Specialty Hospitals, Inc., relative to the above-captioned action. Respectfully submitted, THOMAS, THOMAS HAFER, LLP Date: b' ?Z By: Evan Blac , ire Attorney I.D. 17884 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7051 Attorneys for Defendant Select Specialty Hospital CERTIFICATE OF SERVICE I, Kristi L. Munshower, Pa.C.P., employee of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that a true and correct copy of the foregoing document was sent to the following parties and counsel of record by placing a copy of same by First Class in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Neil J. Rovner, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Viswanathan Subha Iyer, M.D. 890 Poplar Church Road Suite 204B Camp Hill, PA 17011 Associates in Kidney Diseases, Hypertension and Intensive Care Medicine, LLC 890 Poplar Church Road Suite 204B Camp Hill, PA 17011 THOMA$/TRQAL4S & HAFER, LLP I/Wwo- C.P. MICHAEL M. BADOYVSKI, ESQUIRE Pa. Suprsma CouR LD. No. 32646 COLLEEN A. SHUTTS, ESQUIRE Pa. Suprernrr CouR I.D. No. 311219 MARf30US EDELSTEIN 3510 TrlndN Road Camp HIII, Prrraaylvanla 17011 Phone : (717] 975-6114 Fax: [717} 9T5-5124 E-Mail: rr anaolisadelstein.com E-Mall: cshutls/anaro~isedelstein.com ~~ ~~ d~~f~t~ ~~~ TNQ~yD`r r a fir, , ~~ ~ [ ~ ~~ ~ ~ ~~ ~ % ~j r~ ~N~S YLV COU~NT Y Q N!l>>i!angs jfar DNandarr Vlswanatlast l~ubha gtsr, M. Associates in Kidney Dlssasss, I~iypsrbar~lon Intensity Card Medkine, LL I IN TOF CUMBERLAND COUNTY~S I JUSTIN J. MCGARRITY, Plaintiffs DOCKET NO. 12-4709 CIVIL ACTION -LAW v. VISWANATHAN IYER, M.D. et al JURY TRIAL DEMANDED Defendants TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly enter our appearance on behalf of DefendantsViswanathan S~ubha lyer, M.D., and Associates in Kidney Diseases, Hypertension & Intensive Care luledicine, LLC. Date: ~~ ~' By: ichael M. Bado ki, Esquiire Court I.D. No. 32 46 Colleen A. Shutts, Esquire Cour I.D. No. 311219 Attorneys for Defendants T- SHERIFF'S OFFICE OF .CUMBERLAND COUNTY RonnyRAnderson n~~ ~+~; Sheriff r,;: ~"~~ ~~w'~~~~1~% 4A~,~?"~ n a~~ntr stt titiat~,~,rt~~~ Jody S Smith Chief Deputy '~ AUG 27 QM 10~ ~ ~+ Richard W Stewart Solicitor ;~F~ - ~~~~~ ~~ ~ Y Justin J. McGarrity Case Number vs. Viswanathan Subha lyer, MD (et al.) 2012-4709 SHERIFF'S RETURN OF SERVICE 07/30/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent sewn and inquiry for the within named defendant, to wit: Select Specialty Hospital-Central Pennsylvania, LP and its general partner Select Specialty Hospitals, Inc. c/o CT Corporation System, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to sei the within Complaint and Notice according to law. 08/03/2012 10:25 AM -Dauphin County Return: And now August 3, 2012 at 1025 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: Select Specialty Hospital-Central Pennsylvania, LP and its general partner Select Specialty Hospitals, Inc. c/o CT Corporation System b~ making known unto Bob Sersch, Senior Corporate Operations Specialist for CT Corporation System at 116 Pine Street, Suite 320, Harrisburg, Pennsylvania 17101 its contents and at the same time handing him personally the said true and correct copy of the same. G8; i ~i2012 02:25 PM -Elizabeth Muller, Deputy Sheriff, who being duly sworn according to law, states that on Auc 15, 2012 at 1425 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Associates in Kidney Diseases, Hypertension and and Intensive Care Medicir LLC, by making known unto Linda Farrance, LPN for Associates in Kidney Diseases at 890 Poplar Church Road, #2046, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the sarr time handing to her personally the said true and correct copy of the same. ELIZABETH MULLER, DEPUTY 08/15/2012 02:25 PM -Elizabeth Muller, Deputy Sheriff, who being duly sworn according to law, states that on p 15, 2012 at 1425 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Viswanathan Subha lyer, MD, by making known unto Linda Farrance, LPN Associates in Kidney Diseases at 890 Poplar Church Road, #2048, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and cc copy of the same. MULLER, DEPUTY SHERIFF COST: $84.45 SO ANSWERS, ~~i~ August 17, 2012 R ANDERSON, SHERIFF Shelle~ 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 Lotwick Sheriff J Michael W. I Assistant Chief Commonwealth of Pennsylvania JUSTIN J. MCGARRITY VS County of Dauphin SELECT SPECIALTY HOSPITAL - CENTRAL PENNSYLVANIA, L.P. Sheriff s Return No. 2012-T-2125 OTHER COUNTY NO.2012-4709 And now: AUGUST 3, 2012 at 10:25:00 AM served the within NOTICE & COMPLAINT upo SELECT SPECIALTY HOSPITAL -CENTRAL PENNSYLVANIA, L.P. by personally handing 1 BOB SERSCH 1 true attested copy of the original NOTICE & COMPLAINT and making know):.. him/her the contents thereof at C/O CT CORP, 116 PINE ST, STE 320 HARRISBURG PA 17101 SR. CORPORATE OPERATIONS SPECIALIST Sworn and subscribed to before me this 6TH day of August, 2012 ~X~~ COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Ex Tres Au ust l7, 2014 So Answers, ~~°.~'~~ Sheriff of Dlauphin C Deputy Sheriff Deputy: WILLIAM T SNYDER Sheriffs Costs: $41.25 8/2/2012 Ito F:LCO-O~F~CE 01' THE PR4TNflNflT~RY MICHAEL M. BADOWSKI, ESQUIRE Pa. supreme Court LD. No. 32646 2~t1 SEP -b PM 2~ 3 I COLLEEN A. SHUTT3, ESQUIRE Pa. Supreme Court I.D. No. 311219 MAAt30LI3EDEL3TEIN CUM$~~LANQ CpUNTY 3510 Trindle Road PENNS YlVA N I~ Camp HIII, Pennsyhranla 17011 Attorneys for Defendants Phone : [717] 975-8114 Vlswanathan Subha lyer, M.D. Fax: [717] 975-8124 Associates In Kidney Diseases, E-M~t: m, l~~iyskilfknars~ol}sedelstein.com Hypertension 8 lntenslw Care MatHcir~e, LLC. E-Mail: cshutb~namolisadelstein.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JUSTIN J. MCGARRITY, DOCKET NO. 12-4709 Plaintiff v. CIVIL ACTION -LAW VISWANATHAN SUBHA IYER, M.D.; SELECT SPECIALTY HOSPITAL - CENTRAL PENNSYLVANIA, L.P., A JURY TRIAL DEMANDED GENERAL PARTNERSHIP OF SELECT SPECIALTY HOSPITALS, INC.; and ASSOCIATES IN KIDNEY DISEASES, HYPERTENSION AND INTENSIVE CARE MEDICINE, LLC., Defendants TO: Justin J. McGarrity, Plaintiff c/o Neil J. Rovner, Esquire Angino &Rovner, P.C. 4503 North Front St. Harrisburg, PA 17110 (Counsel for Plaintiff) You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a default j ~ ~ ~1 `z By: Date: be entereA against you. KAichael KA: B~dowski, Esquire Court I.D. No: 32646 Colleen A. Shutts, Esquire Court I.D. No. 311219 MICHAEL M. BADOWSKI, ESQUIRE Pa. Suprome Court I.D. No. 32646 COLLEEN A. SHUTTS, ESQUIRE Pa. Supreme Court I.D. No. 311219 MAR~i0U8 EDELSTEIN 3510 Trindte Road Camp HIII, Penneyhranla 17011 Phone : [717j 975-8114 Fax: (71T] 975-8i24 E-M~I: isedelstein.com E-Mall: ceh~t olbedelstein.com AtOorneys for Defendants Viswanethu~ Subha lyer, M.D. Associatesln Kidney Dlsesses, Hyperbenston & Intensive Caro Medicine, LLC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JUSTIN J. MCGARRITY, DOCKET NO. 12-4709 Plaintiff v. CIVIL ACTION -LAW VISWANATHAN SUBHA fYER, M.D.; SELECT SPECIALTY HOSPITAL - CENTRAL PENNSYLVANIA, L.P., A JURY TRIAL DEMANDED GENERAL PARTNERSHIP OF SELECT SPECIALTY HOSPITALS, INC.; and ASSOCIATES 1N KIDNEY DISEASES, HYPERTENSION AND INTENSIVE CARE MEDICINE, LLC., Defendants 1. Denied. After reasonable investigation, Answering Defendants (hereinafter referred to collectively as "Dr. lyer») are without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of the Plaintiffs Complaint and, therefore, said averments are denied. 2. Denied as stated. By way of accurate answer, Dr. lyer is a medical physician practicing in internal medicine and specializing in nephrology and critical care medicine in Camp Hill, Cumberland County, Pennsylvania. He is also a fellow of the American College of Physicians and a fellow of the American Society of Nephrology. 3. Denied. To the contrary, Dr. lyer was an employee of Co-Defendant, Associates in Kidney Diseases, Hypertension & Intensive Care Medicine, LLC. He was not an actual or ostensible employee of Select Hospitals. 4. The averments of this paragraph of the Plaintiffs Complaint are not directed towards Dr. lyer and, therefore, no response is required. 5. Denied as stated. By way of accurate answer, Defendant, Associates in Kidney Disease, Hypertension & Intensive Care Medicine, LLC, is a limited liability professional corporation located in Mechanicsburg, Cumberland County, Pennsylvania through which Dr. lyer is employed. 6. The averments of this paragraph of the Plaintiffs Complaint are not directed towards Dr. lyer and, therefore, no response is required. 7-28. The averments of these paragraphs of the Plaintiffs Complaint are generally denied in accordance with the provisions of Pennsylvania Rule of Civil Procedure 1029 (e) except that it is admitted that during the time period of August 27, 2010 through September 3, 2010, Dr. lyerwas Justin McGarrity's critical care attending physician during his admission to Select Specialty Hospital. COUNTI JUSTIN J. MCGARRITY v. VISWANATHAN SUBHA IYER. M.D. 29. Dr. lyer incorporates herein by reference his answers to the foregoing paragraphs of the Plaintiff s Complaint as if the same were set forth in their entirety. 30. Denied. The averments of this paragraph of the Plaintiffs Complaint recite medical and legal conclusions to which no response is required. It is averred, however, that at all times and for all purposes relevant to his professional involvement in 2 this matter, Dr. lyer acted appropriately and in a fashion commensurate with standards of critical care medicine applicable under similar circumstances and that he in no way negligently caused, negligently contributed to cause, or negligently increased the risk of causing any injury or damage to Plaintiff, Justin J. McGarrity. WHEREFORE, Dr. lyer demands judgment in his favor and against Plaintiff. COUNT II JUSTIN J. MCGARRITY v SELECT SPECIALTY HOSPITAL CENTRAL PENNSYLVANIA LP AND ITS GENERAL PARTNER SELECT SPECIALTY HOSPITALS INC 31-32. The averments of this Count of the Plaintiff's Complaint are not directed towards Dr. lyer and, therefore, no response is required. C UNT III JUSTIN J MCGARRITY v ASSOCIATES IN KIDNEY DISEASE HYPERTENSION AND INTENSIVE CARE MEDICINE LLC 33. Dr. lyer incorporates herein by reference his answers to the foregoing paragraphs of the Plaintiff's Complaint as if the same were set forth in their entirety. 34. Denied. The averments of this paragraph of the Plaintiff's Complaint recite medical and legal conclusions to which no response is required. By way of further response, Dr. lyer's Answer to Count I. of this Complaint is incorporated herein by reference as if the same were set forth in its entirety. WHEREFORE, Defendant, Associates in Kidney Disease, Hypertension and Intensive Care Medicine, LLC, demands judgment in its favor and against Plaintiff. 3 CLAIM I DAMAGES JUSTIN J. MCGARRITY v. VISWANATHAN SUBHA IYER. M.D.. SELECT SPECIALTY H03 ITAL -CENTRAL PENNSYLVANIA. LP AND ITS G NERAL PARTNER. ELECT SPECIALTY HOSPITALS. INC.. AND ASSOCIATES IN KIDNEY DISEASE. HYPERTENSION AND INTENSIVE CARE MEDICINE. LLC 35-42. Denied as to Dr. lyer. The averments of these paragraphs of the Plaintiff's Complaint recite medical and legal conclusions or recite claims of damages to which no response is required. It is averred, however, that at all times and for all purposes relevant to his professional involvement in this matter, Dr. lyer acted appropriately and in a fashion commensurate with standards of critical care medicine applicable under similar circumstances and that he in noway negligently caused, negligently contributed to cause, or negligen#ly increased the risk of causing any injury or damage to Plaintiff, Justin J. McGarrity. WHEREFORE, Dr. lyer demands judgment in his favor and against Plaintiff. NEW MATTER 43. Plaintiffs Complaint, in whole or in part, fails to state causes of action cognizable under Pennsylvania law as against Dr. lyer. 44. To the extent applicable, or to the extent that it may later prove to be applicable, Dr. lyer hereby pleads the statute of limitations and/or statute of repose referable to personal injury actions in Pennsylvania to preserve these affirmative defenses for the record. 45. To the extent that discovery reveals, Dr. lyer pleads the affirmative defenses of release and satisfaction to preserve these affirmative defenses for the record. 4 46. At all times and for all purposes relevant to the events set forth in Plaintiffs Complaint, Dr. lyer acted appropriately and in a fashion commensurate with standards of critical care medicine applicable under similar circumstances. 47. Dr. lyer did not negligently cause, negligently contributed to cause, or negligently increase the risk of causing any injury or damage to Plaintiff. 48. Dr. lyer hereby pleads all rights and defenses available under the Medical Care Availability and Reduction of Error Act. 49. Dr. lyer hereby pleads all rights and defenses available under Pennsylvania's Revised Comparative Negligence Act and Fair Share Act. 50. Plaintiff s claims for special damages maybe reduced and/or limited by any collateral source of compensation and/or benefits received in accordance with the Pennsylvania Supreme Court's decision in Moorhead v. Crozer Chester Medical Center. WHEREFORE, Dr. lyer demands judgment in his favor and against Plaintiff. Date: ~/ By: I E ST ,~ !,. i i ~... ~chael 11iA. Badb ki, Esquire Court I.D. No. 3 646 Colleen A. Shutts, Esquire Court I.D. No. 311219 5 VERIFICATION I, Vswanathan S. lyer, M.D., have read the foregoing Answer to Plaintiff's Complaint. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsifications to authorities, which provides that, if I knowingly make false averments, I may be subject to cri nalties. f' c 1, - - o r ~ ~ I Date: ~S ~ ~ ~-- "a- - Viswanathan S. lyer, M.D. I HEREBY CERTIFY that I served a true and correct copy of the foregoing on all counsel of record by placing the same in the United States mail at Camp Hiil, Pennsylvania, first-class postage prepaid, on the ' ~+ day of , 2012, and addressed as follows: Neil J. Rovner, Esquire Angino &Rovner, P.C. 4503 North Front St. Harrisburg, PA 17110 Evan Black, Esquire Thomas, Thomas & Hafer LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 MARGOLIS EDELSTEIN Q Angela . Gayman, L al Assistant 6 Evan Black, Esquire Attorncc LI). ;''784 Hugh P. O'Neill. III, Esquire Atturne~~ 1.I. 69986 TH0117.AS. THOMAS & IiAFER LLP 305 NO{~ [H FRONT STREET P.O. Bc )~ y'-iii [IARR(SI3URG. V:'1 1"108 Attorney for ~; Pendant Select Specialty' Hospital-Central Penns~ivania.:..P. ~ t~ r r '1 ~ t JUSTIN J. McGARI~ITY. Plaintiff IN T'HE COURT OF COMMO?~~~ PLEAS CUMBERLAND COUNTY. PENNSYL~%ANIA ~'. VISV~'ANATHAN SUBHA IYER, N1.D.; SELECT SPECIALTY HOSPITAL -- CENTRA_L PENNSYLVANIA. L.P... A GENERAL. PARTNERSHIP OF SELECT SPECIALTY HOSPITALS. INC.; anal ASSOCL~.TES IN IkIDNEY DISEASES. HYPERTENSION AND INTENSIVE CARE MEDICINE. LLC.: Defendants. NO. 12-4709 CNIL ACTION - LAS' MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED 12 J~TRORS AND ALTERNATES NOTICE TO PLEAD ~"ou are hereb~~ notified to plead to the enclosed Answer and New Matter within twenty (20) dad s from service hereof or a judgment ma~~ be entered against you. Respectfully submitted. THOMAS, THOMAS AFER, LLP Dated: + ~ J ~ ~ ~ ~ gy; ___ r ~.. -- Hugh P. O'Neill. III, Esquire ~, E~~an Black, Esquire Auorne~~ LI?. ; "78~ Hugh P. O'Neitl, III, Esquire Attorney LD. b9986 THOMAS, THOMAS cSf HAFER LLP 30~ NORTH FRONC STREET N.O. BO~i 99~~ IIARRISBL!RC~. PA l~lOh 17-4~i I -70~ 1 Auorne~ ibr D fendant Select Specialn~ Hospital-Central Nenns~ I~°ania.,.N. JUSTIN ,~. McGARRITY. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENN SYL V ANI_A `. VISV~'ANATHAN SUBHA IYER, M.D.; SELECT SPECIALTY HOSPITAL -- CENTRA.L PENNSS~"LVANI_A, L.P.. A UENER.4L PARTNERSHIP OF SELECT SPECiAL.TY HOSPITALS, INC., and ASSOCI_~LTF,S IN KIDNEY DISEASES. HY"PERTENSIO?~ AN'D INTENSIVE CARE MEDICINE, LLC.: Defendants. NO. 12-47Q9 CIVIL ACTION -- LAV~% ~VIEDICAL PROFESSIONAL L,f ABILITY ACTION JURY TRIAL DEMANDED 12 JiJRORS AND ALTERNATES ANSWER AND NF,W MATTER OF DEFENDANT SELECT SPECIALTY HOSPITAL- CENTRAL PENNSYLVANIA, L.P. 1. Denied. After reasonable investigation, Answering Defendants (hereinafter referred to as '`Select _Defendants") are without sufficient knowledge or information to form an opinion or belief as to the truth or falsity of the averments contained in the corresponding paragraph contained in Plaintiff's Complaint. Accordingly, all said averments are deemed denied. All allegations are placed at issl>e and strict proof thereof is demanded at the time of trial. ?. Admitted in part, denied in part. It is only admitted that Defendant Ivor is a physician practicing medicine. Otherwise, all other allegations are generally denied Pursuant to Pa.R.C.P. l 0?9(e). All allegations are placed at issue and strict proof thereof is demanded at the time i~f trial. 3. Denied. To the contrary, Defendant Iver had privileges to practice at Select. At no time did Select employ Defendant Iver. All allegations of agency and servitude are speciticall~ denied. :ill other allegations are generally denied pursuant to Pa.R.C.P. 10?9(el. All allegations are placed at issue and strict proof thereof is demanded at the time of t1-ial. ~. Admitted. >. Denied. The averments of this paragraph are not directed to the Select Defendants and accordingly no response is deemed required. 6. Denied. All allegations of agency. servitude. and employment are specifically denied as Plaintiff fails to sufficiently identify the nurses and "other personnel''. Moreover. all averments are denied as conclusions i~f law and denied pursuant to Pa. R.C.P. 10?9(ei. ~~ll allegations are placed at issue and striict proof thereof is demanded at the time of triaC. ?-.'_f;. Denied as stated. Rather. the medical records speal: for themselves. ~~)therwise, the averments contained in these paragraphs are generally denied pursuant to Pa.R.(:'.P. 1029(e). All allegations are placed at issue and strict proof thereof is demanded at the time c~~ ~ trial. COUNTI JUSTIN J. MCGARRIT Y v. VISWANATHAN SUBHA IYER, M.D. _'9. :answering Defendant incorporate its responses to Paragraphs 1-?8 of Plaintiff s Complaint as if set forth here and at length. ~0. Denied. The averments contained in this paragraph are not directed to Answering Defendant and accordingly no response is deemed required. However, to the extent wi response is deemed required. all allegations are generally denied pursuant to Pa.RC.P. l 0?9(e). WHEREFORE. Answering Defendant demands ~jud~ment in its favor and a~,~~inst all other parties to~~ether with costs. COUNT II JUSTIN J. MCGARRITY v. SELECT SPECIALTY HOSPITAL-CENTRAL PENNSYLVANIA, L.P. AND ITS GENERAL PARTNER SELECT SPECIALTY' HOSPITAL, INC. 3l . Answering Defendant incorporates its answers to Paragraphs 1-,(1 to Plaintiff's Complaint as if set forth here and at length. >''. Denied. All allegations of agency and servitude are specifically denied. Moreover. all allegations of negligence are denied as conclusions of law. By wae~ of further response. all alle,ations are further generalle denied pursuant to Pa.R.C.P. 1029(ei. ~L° allegations are placed at issue and strict proof thereof is demanded a; the time of trial. WHEREFORE. Answering Defendants demand judgment in their favor and a~~ainst all other parties together with costs. COUNT III JUSTIN J. MCGARRITY v. ASSOCIATES IN KIDNEY DISEASE HYPERTENSION AND INTENSIVE CARE MEDICINE. LLC ~~-;4. Answering Defendant incorporates its responses to Paragraphs l -3? as ii set forth here and at length. Moreover, the averments of this paragraph of Plaintiff s Complaint are directed to a party other than Answering Defendant and accordingly, no response is deemed required. 'lo the extent a response is deemed required. all allegations are generall~~ denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE:, Answering Defendant demands judgment in its favor and against all other parties together with costs. CLAIM I DAMAGES 3 ~-~2. Denied as to Select Defendants. All allegations of negligence and causation are denied as conclusions of law. All allegations are also ~enerall~~ denied pursuant to 1'a.RC.P. 10?9~ c}. All allegations are placed at issue and strict proof thereof is demanded at the time of trial . Wl-IEREFORE. Answering ~>efendant demands judgment in its favor and against all other parties together with costs. NEVV MATTER ~ ~ . Answering Defendant's responses to Paragraphs 1-4? of Plaintiff s Complaint are incorporaaed as if set forth herein at length. ~4. Plaintiff's Complaint fails to state a claim upon which xelief can be ~rxanted. =~~. Plaintiffs' claims may be barred by the applicable statute of limitations 4~ Pa. C.S.A. ~~~?4. 46. Answering Defendant as at no time relevant to the within cause of actlor. negligent or careless. 47. And acts or omissions of Answering Defendant alleged to constitute negligence andior carelessness and/or malpractice. were not the substantial causes or factors of the subject incident and%or did not result in any incident or injuries alleged by Plaintiff. 48. Plaintiff assumed the r~ak of medical treatment rendered. ~9. Plaintiff s claims may be barred, limited or reduced by the Pennsylvania Comparative Act. 42 Pa. C.S.A. §710:?. ~0. if Plaintiff suffered injuries as alleged. such allegations beil~g specifically denied. Plaintiff's injuries were caused by persons. entities. occun•ences. instrumentalities or events unrelated to and not under the control of Answering Defendant. 1. Answering Defendant is entitled to and assert all defenses on limitations and damages which are available to it under the Health Care Services Malpractice Act, 40 Pa. C.S.A. 1301. l .01. et seq. ='. Answering Defendant is entitled to and incorporates herein b~° reference the defenses r_ontained in the Federal Health Care Quality Improvement Act. P.L. 99-~~0. ~. The injuries and/or damages alleged to have been sustained by the Plaintiff were not proximately caused by Answering Defendant. >4. Any care and/or treatment which may have been provided by Answerin,<_~ Defendam~ was at all times, reasonable, proper, appropriate and conformed to the standard of care. >. Pa.R.C.P. 238 for delay damages is inapplicable under the facts of the present case and is unconstitutional and in violation of the Constitution of the United States and the Constitution of the Commonwealth o~:~Penns}~lvania. ~6. Plaintiff may have entered into a release, discharging Answering Defendant from am liability whatsoever in this matter. ~7. Plaintiff s claims. the existence of which is specifically denied by Answering Defendant, Inay be reduced and/or limited by any collateral source of compensation and/or benefii in accordance with the Pennsylvania Supreme Court decision in Moorhead v. Crozer Chester Medical Center. ~c~. In the event that it is determined that Answering Defendant was negligent with regard to a~~~ of the allegations contained in and with respect to the Plaintiff s Complaint, said allegations being specificall}~ denied.. discovery may establish that said negligence was superseded by the intervening negligent acts of other persons.. parties and/or organizations other than Answering Defendant and over whom said Answering Defendant had no control. right of control. or responsibilit~~ and, therefore. Answering Defendant is not liable. ~~. To the extent that the evidence may shoe that other persons. partn;,rships. corporatioi;s. or other legal entities caused or contributed to the injuries or the pre-existing condition of the Plaintiff. then the conduct of Answering Defendant was not the Ie~al cause of such conditions or injuries. 6Q. Answering Defendant raises all affirmative defenses of the Medical C-'are A~~ailabilit~ and Reduction of Error (M 'Care) Act a/k/a Act 1 ~ of?002 as a limit/bar to Plaintiff`s claims. 61. Insofar as Answering Defendant or any person for whom they are or rnav be vicariousl.~~ Eiable. elected a treatment modality which is recognized as proper, but inay differ from another appropriate treatment modality. then Answering Defendant raises the "two schools of thought"` defense. 62, Answering Defendant pleads all rights and defenses available under Penns~~Ivania's revised Comparative Negligence Act and Fair Share Act. WHEREFORI=;, Answering Defendam demands judgment in its favor and against all other parties together «~ith costs. Date: ~ ~ ~y~ Respectful]- submitted. THOMAS, THOMAS & L;I~P Ern ~1'ack. Esquire Attorne~~ ID#17784 Hugh P. U"Neill, III. Esquire Attorne~~ ID#69986 P.O. Boa 999 Harrisbur:r, PA 17108 Attorne~~ for ~Jefendan~ Select Specialt~~ Hospital-Central Penns}~l~~ania_ ~.I'. VERIFICATION I. 'Thomas Mullin. have read the foregoing Answer and New Matter which has been drafted by my counsel. The factual statements contained therein are known by me and are true and correct to the best: of my knowledge.. information and belief. This statement and verification is made subject to the penalties of 1 S Pa.C.S._'~. ~ 4904 relatin~~ to unsworn falsification to authorities, which provides that, if I knowin~rl~~ snake false averments, I may be subject to criminal penalties. ~, Date: i t_ ~~ 1 ~ i ~1-.- ~. ~ ,`~~~ __ `~~. .~ Thomas Mullin on behalf of Select Medical Corporation; and Select Specialty Hospital-Central Pennsvlvania_ LP CERTIFICATE OF SERVICE I_ Deanna Eallonardo. emplo.aee of the lam firm of Thomas. Thomas ~ Hafer. LLP. hereby certify that a true and correct copy of the foregoing document was sent to the following parties anal counsel of record by placing a copy of same by First Class in the United States mail. postage prepaid. at Harrisburg, Pennsylvania addressed as follows: Neil J. Rovner. Esquire Angino &Rovner. P.C. 450 ~ North Front Street Harrisburg, PA 17110 Michael Badowski. Esquire Margolis Edelstein 3 0 Trindle Road Camp Hill, PA ] 70l 1 THOMAS~t THOMAS & HAF,~F~. 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COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLANID IN THE MATTER OF JUSTIN ~7. MCGARRITY -VS- IYER, SELECT SPEC".IALTY HOSPITAL, ET AL COURT OF COMMON PLEAS TERM, CASE NO: lc:-4709 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 [ Note: see enclosed list of locations ] TO: NEIL ROVNER, ESQ., PLAINTIFF COUNSEL MICHAEL BADOWSKI, ESQ. MCS on behalf of EVAN BLACK, ESQ. _ intends to serve a subpoena identical. to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day 'notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 09%?8/2012 CC: EVAN BLACK, ESQ. - 727-21541 NEIL ROV]VER, ESQ. ANGINO & ROVNER 4503 N. FRONT STREET HARRISBURG, PA 17110 MCS on behalf: of EVAN BLACK, ESQ. ___ Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 MCS # 75385-CO1 DE02 LOCATION NAME HERSHEY MEDICAL CENTER HERSHEY MEDICAL CENTER MAGEE REHAB HOSPITAL MAGEE REHAB HOSPITAL MAGEE REHAB. HOSPITAL HOLY SPIRIT HOSPITAL HOLY SPIRIT HOSPITAL »> LOCATION LIST «< RECORDS REQUESTED MEDICAL RECORDS X-RAY ONLY MEDICAL RECORDS BILLING ONLY X-RAY ONLY MEDICAL RECORDS BILLING ONLY PAGE MCS # 75385-COl DE02 1 . ~., TO: vs. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JUSTIN J. MCGARRITY IYER, SELECT SPECIALTY HOSPITAL, ET AL File No. 12-4709 ___ SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records for HERSHEY MEDICAL CENTER (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group. Inc.. 1601 Market Street, Suite 800. Philadel ia, PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. TH[S SUBPOENA WAS ISSUED AT'CHE REQUEST OF THE FOLLOWING PERSON: NAME: EVAN BLACK, ESQ. ADDRESS: 305 N. FRONT STREET PO BOX 999 HARRISBURG. PA 17108 TELEPHONE:.S215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant ~~G~ ~ ~~~'11 1 Date: Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy 75385-01 y , EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER MEDICAL RECORDS**HU24 500 UNIVERSITY DRIVE HERSHEY. PA 17033 RE: MCS # 75385-L01 JUSTIN J. MCGARRITY 101 S. STREET HARRISBURG, PA 17111 Social Security #: 000-00-4646 Date of Birth: 11-04-1984 Please provide the entire hospital medical file, including but not limited to all records, intake or admission forms, correspondence to and from the consulting and treating physicians, and discharge forms. Include all files, memoranda, handwritten notes, history and physical reports. `.supply all medication and prescription records, nurses' notes, doctor's commeni~s. dietary and all patient consent or refusal of treatment. This should contain all records in your possession, including all archived records, records ir7 storage. Including any and all items as may be stored in a computer database or~ otherwise in electronic form. INCLUDING IN/OUT PATIENT ADMISSIONS/VISITS AND THERAPY RECORDS Prior a proval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 75385-LOl SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JUSTIN ~7. MCGARRI:TY TERM, CUMBERLAND -VS- CASE NO: 12-4?09 IYER, SELECT SPECIALTY HOSPITAL, ET AL As a prerequisite. to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena is attached to this certificate, (3) No objection to the esubpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE:_1.0i22/2012 MCS on beha///~~~lf of`. i^ _J1 ~ ~~-. _ EVAN BLACK, ESQ. Attorney for DEFENDANT' KMUNSHOWERC~?TTHLAW . COM MCS # 75385-L03 DELI COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND .IUSTIN J. MCGARRITY File No. 12-4709 vs. IYER, SELECT SPECIALTY HOSPITAL, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HERSHEY MEDICAL CENTER (Name of Person or Entity) ^ Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at _ The MCS soup Inc 1601 Market Street Suite 800 Philadelphia PA 1910 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: EVAN BLACK, ESO. ADDRESS: 305 N FRONT STREET PO BOX 999 HA RIB 1R PA 17108 TELEPHONE: 1215) 246-0900 SUPREME CGLJRT ID #: ATTORNEY F'OR: Defendant BY THE COURT: OCT 22 201 ~Ll~~~~l ~,. Lo~~ Prothonotary/Clerk, Civil Division Date: ---------- c~l..l', ~~ ~o ~ Deputy Seal of the Court ~i~RS_n~z EXPLANATION OF REQUIRED RECORDS T0: CUS-i-ODIAN OF RECORDS FOR: HERSHEY MEDICAL CENTER RADIOEO(aY DEPT. 500 UNIVERSITY DF;IUE HERSHEY PA ll033 RE: MCS # 75385-L03 JUSTIN J. MCGARRITY 101 S. STREET HARRISBURG, PA 17111 Social Security #: 000-00-4645 Date of Birth: 11.-04-1984 Please provide any and all x-ray films and reports. This should contain all x-ray films and reports in your possession, all archived x-ray films ar~d reports, or x-ray films and reports in storage. Including any and all such items as may be stored in a computer database or otherwise ir} electronic form. FILM INVENTORY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 75385-L03 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PtJRSUANT TO RULE 4009.22 IN THE MATTEF'. OF: COURT OF COMMON PLEAS JUSTIN J~. MCGARRITY TERM, CUMBERLAND -VS- CASE NC?: 12-4?09 IYER, SELECT SPECIALTY HOSPITAL, ET AL As a prerequisite to service of a subpoena for documents. and thing; pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies ghat (1) A notice of intent to serve the subpoena with a copy of tYae~ subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on whi~~h the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent 1.o serve the subpoena. DATE: 1.Oj22/2012 MCS on behalf ~~ EVAN BLACK, ESQ. Attorney for DEFENDANT K:MUNSHOWERLTTHLAW.COM MCS # 75385-L04 DEll COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND J[JSTIN J. MCGARRITY vs. IYER, SELECT SPECIALTY HOSPITAL, F.T AL File No. 12-4709 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MAGEE REHAB HOSP[TAL _ (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** __ at The 1V1CS Group, Inc.. 1601 Market Street. Suite 800. Philadelphia. PA 19103 - You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS [SSUED AT THE', REQUEST OF THE FOLLOWING PERSON; NAME: EVAN BLACK. ESO. ADDRESS: 305 N. FRONT STREET PO BOX 9~9 HARRISBURG. PA 17108 TELEPHON E:12 1 51 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant _- CT 22 201? Date: - Seal of the Court BY THE COURT: ~ y ,~,~ ~ oJ/~ 0 Prothonotary/Clerk, Civil Division -~.~~~ Deputy 75385-04 EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR MAGEE P,EHAB HOSPITAL MEDICAL. RECORDS 1513 RACE STREET PNIL_ADELPHIA, PA 19102 RE: MCS # 75385-L04 JUSTIN J. MCGARRITY 101 S. STREET HARRISBURG, PA 17111 Social Security #: 000-00-4646 Date of Birth: 11-04-1984 Please provide the entire hospital medical file, including but not. limited to all records, intake or admission forms, correspondence to and from t:he consult-ing and treating physicians, and discharge forms. include all files, memoranda, handwritten notes, history and physical reports. Supply all medication and prescription records, nurses' notes, doctor's comments. dietary and all patient ~:onsent or refusal of treatment. This should contain all records in your possession, including all archived records, records in storage. Includiiliq any and all items as may be stored in a computer database o~~ otherwise in electronic form. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 75385-L04 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER'. OF: COURT OF COMMON PLEAS JUSTIN J. MCGARRITY TERM, CUMBERLAND -VS- CASE NO: 12-4?09 IYER, SELECT SPECIALTY HOSPITAL, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies ghat (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at ?.east twenty days prior to the date on which the subpoena is sought to be served, ;2) A copy o:E the notice of intent, including the proposed subpoena, is attached to this certificate, i3) No objection to the subpoena has been received, and (4) 'Phe subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/22/2012 MCS on b -~ ofi ~__ , ..~ I ~: ~ EVAN BLACK, ESQ. Attorney for DEFENDANT KMUNSHOWER@TTHLAW.COM MCS # 75385-L05 DE1.1 COMMONWEALTH OF PENNSYLVANIA. COUNTY OF CUMBERLAND .1USTIN J. MCGARRITY File No. 12-4709 vs. IYER, SELECT SPECIALTY HOSPITAL, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4004.22 TO: Custodian of Records for MAGEE REHAB HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACH D IDER **** at The MC trout Inc. 1601 Market StrePr wire Rile Phili~gjphia PA rgrn3 _ You may deliver or mail legible copies of the documents or prc-duce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20} days after its service, the party serving this subpoena may seek a court order compelling you to comply with it.. THIS SUBPOENA WAS ISSUED AT THE; REQUEST OF THE; FOLLOWING PERSON: NAME: EVAN BLACK. ESO. ADDRESS: 305 N. FRONT STREET PO BOX 9 9 HARRISBUR.C~, PA 17108 TELEPHONE:. (215) 246-0900 SUPREME COURT ID #: ATTORNEY F'OR: Defendant -- - CT 2 2 2012 Date: -------- _. G'- Seal of the Court BY THE COURT: .,1~~ ~~~ ProthonotarylClerk, Civil Division Deputy 7C20C nc EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: MAGEE RE=HAB HOSPITAL BILLING DEPT. 1513 RACE STREET PHILADELPHIA, PA 19102 RE: MCS # 75385-L05 JUSTIN J. MCGARRITY 101 S. STREET HARRISBURG, PA 17111 Social Security #: 000-00-4646 Date of Birth: 11-04-1984 Please provide any and all bi~iling, insurance claims, and payments,. outstanding and delinquent invoices. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. Prior appproval is required for fees in excess of $150.00 for hospitaI,s, $100.00 for all other providers. MCS # 75385-L05 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PiTRSUANT TO RULE 4009.22 IN THE MATTER. OF: COURT OF COMMON PLEAS JUSTIN J. MCGARRITY TERM, CUMBERLAND -VS- CASE NG: 12.-4'i09 IYER, SELECT SPECIALTY HOSPITAL, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (-!) A notice of intent to serve the subpoena with a copy of the. subpoena attached thereto was mailed or delivered to each party at :Least twenty days prior to the date on which the subpoena is sought to be served, !2) A copy o:E the notice of intent, including the proposed subpoena, is attached. to this certificate, t""~) No objecL-ion to the subpoena has been received, and (4) 'Phe subpoena which will be served is identical to the subpoena which is attached to the notice of intent T_o serve the subpoena. DATE: 1.0%22/2012 MCS on b~haLf of ... ~ ~ , EVAN BLACK, ESQ. Attorney for DEFENDANT KMUNSHOWER@TTHLAW.COM MCS # 75385-L06 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JUST[N J. MCGARRITY vs. IYER, SELECT SPECIALTY HOSPITAL, ET AL File No. 12-4709 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for MAGEE REHAB HO PITAL (Name of Person or Entity) _ Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Croup Inc 1601 Market Street Suite 800 Philadelphia PA 19103 _.__ You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWINU PERSON: NAME: EVAN BLACK, ESO. ADDRESS: 305 N FRONT STREET PO BOX 999 HARRISB R PA 17108 TELEPHONE:1215) 246-0900 SUPREME COURT ID #: ATTORNI?Y F'OR: Defendant ocT 22 zc~~z Date: --- ---- - ~ __ ~ UL Seal of the Court I3Y THF, COURT: Prothonotary/Clerk, Civil Division C)eputy 75~tR5_n~ EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: MAGEE REHAB. HOSPITAL RADIOLOGY DEPT. 1513 RAGE STREET PHILADELPHIA, PA 19102 RE: MCS # 75385-L06 JUSTIN J. MCGARRITY 101. S. STREET HARRISBURG, PA 17111 Social Security #: 000-00-464Ei Date of Birth: 11-04-1984 Please provide an,y and all x-ray films and reports. This should contain all x-ray films and reports in your possession, all archived x-ray films and reports, or x-ray films and reports in storage. Including any and all such items as may be stored in a computer database or otherwise in electronic form. FILM INVENTORY Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 75385-L06 SU].0 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER. OF: COURT OF COMMON PLEAS JUSTIN ~J. MCGARRITY TERM, CUMBERLAND -VS- CASE NO: 1:?-4'709 IYER, SELECT SPECIALTY HOSPITi'~L, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ES certifies that (~) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at 7_east twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena„ is attached to this certificate, (3) No objection to the subpoena has been received, and {4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE:, 1.0/22/2012 MCS on behalf of /~ ?' ~ ~' -' EVAN BLACK, ESQ. Attorney for DEFENDANT' KMUNSHOWER@TTHLAW.COM MCS # 75385-L07 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Jt1STIN J. MCGARRITY File No. 12-4709 vs. IYER, SELECT SPECIALTY HOSPITAL, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOLY SPIRIT HO PITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The M ,S ro ~p lnc 1601 Market tree lire 800 Philadelphia PA 19103 __ You may deliver or mail legible copies of t:he documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: EVAN BLACK. ESO. ADDRESS: 305 N. FRONT ST F.FT PO BOX 999 HARRISBURG PA 17108 TELEPHONE:121 Sl 246-0900 SUPREME COURT ID #: ATTORNF;Y F'OR: Defendant - ~ CT 22 2012 Date: Seal of the Court I3Y THE COURT: Prothonotary/Clerk, Civil Division Deputy i 753R5-07 EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: HOLY SP]:RIT HOSPITAL MEDICAL RECORDS 503 N . ~'1 ST STREET CAMP HILL. PA 11011 RE: MCS # 75385-L07 JUSTIN J. MCGARRITY 101 S. STREET HARRISBURG, PA 17111 Social Security #: 000-00-4646 Date of Birth: 11-04-1984 Please ~>rovide the entire hospital medical file, including but not limited to all records, intake or admission forms, correspondence to and from the consulting and treating physicians, and discharge forms. Include ail files, memoranda, handwritten notes, history and physical reports. Supply all medication and prescription records, nurses' notes, doctor's comment;s, dietary and all patient consent or refusal of treatment. This should contain all records in your possession, including all archived records, records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 75385-L07 SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTEF: OF: COURT OF COMMON PLEAS JUSTIN J. MCGARRITY TERM, CUMBERLAND -VS- CASE NO: l?-4709 IYER, SELECT SPECIALTY HOSPITAL, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of EVAN BLACK, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached. thereto was mailed or delivered to each party at yeast twenty days prior to the date on which the subpoena is sought:. to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this ceri~ificate, (3) No objection to the :subpoena has been received, and (4) The subpoena which w_L11 be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 10/22/2012 MCS on behalf of . . ---- , ~ ~,__ r . ~: ,~ cir ~~ ~ . EVAN BLACK, ESQ. .Attorney for DEFENDANT KMUNSHOWER@TTHLAW.COM MCS # 75385-L08 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JUSTIN J. MCGARRITY vs. IYER, SELECT SPECIALTY HOSPITAL, ET AL Fiie No. 12-4709 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HOL Y SPIRIT HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SF,E ATTACHED RIDER **** at The MC4 Group Inc 1601 Market Street Suite 800. Philadelnhia. PA 19103 _ You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOI~NA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: EVAN BLACK, ESQ. ADDRESS: 305 N. FRONT STREET PO BOX 999 HARRISBURG, PA 17108 TELEPHONE:1215~ 246-0900 SUPREME COURT ID #: ATTORNEY F'OR: Defendant --_ cT ~ zo~z Date: ~ ~ ~/ Seal of the Court BY THE COURT: Prothonotary/Clerk, Civil Division Deputy 7~~R5_nR EXPLANATION OF REQUIRED RECORDS T0: CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSPITAL BILLING DEPT. 503 N. 21ST STREET CAMP HILL: PA 17011 RE: MCS # 75385-L08 JUSTIN J. MCGARRITY lOl. S. STREET HARRISBURG, PA 17111 Social Security #: 000-00-4646 Date of Birth: 11-04-1984 Please provide any and all billing, insurance claims, and payments, outstanding and delinquent invoices. This should contain all records in your possession, all archived recoi°ds, or records in storage. Including an,y and all items as may be stored in a computer database or otherwise in electronic form. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 75385-L08 SU10 ANGINO & ROVNER, P.C. Neil J. Rovner, Esquire Attorney ID# :22108., 4,593~-1Vnrli'Fiont Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717} 238-5610 E-mail: nrovner@angino-rovner.com Attorney for Plaintiff JUSTIN J. MCGARRITY, Plaintiff v. VISWANATHAN SUBHA IYER, M.D.; SELECT SPECIALTY HOSPITAL - CENTRAL PENNSYLVANIA, L.P., A GENERAL PARTNERSHIP OF SELECT SPECIALTY HOSPITALS, INC.; and ASSOCIATES IN KIDNEY DISEASES, HYPERTENSION AND INTENSIVE CARE MEDICINE, LLC., Defendant ~~, f .. t' ~ l,r br- ! t'~ ~`~ti~ d ~E~h`t11t~i1 ~~~2~!~~' -~ 1~~ J-~ 53 ~yUt~9~fi~~`~~d0 CCU"fit ";f "'~~~~'SY~ti;4l~"Qi IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. b~- y10 q Cwt I CIVIL ACTION -LAW MEDICAL PROFESSIONAL LIABILITY ACTION Jt1RY TRIAL DEMANDED Y ~ PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT SELECT SPECIALTY HOSPITAL-CENTRAL PENNSYLVANIA. L P AND NOW, comes the Plaintiff, Justin McGarrity, by and through his counsel, Neil J. Rovner and Angino & Rovner, P.C., and hereby replies to the New Matter of Defendant, Select Specialty Hospital-Central Pennsylvania, L.P., as follows: 43. Plaintiff s Complaint in this matter is incorporated herein by reference as if set forth at length. 44. Denied. Plaintiff s Complaint adequately sets forth a cause of action under the laws of the Commonwealth of Pennsylvania. 45. Denied. Plaintiff s claims aze timely filed. si2~o8 46. Denied as set forth more fully in the Plaintiff's Complaint. 47. Denied as set forth more fully in the Plaintiff's Complaint. 48. Denied. Plaintiff did not assume the risk of negligent and careless medical treatment. 49. Denied that Plaintiff was in anyway compazatively or contributorily negligent in this matter. 50. Denied. Plaintiff s injuries were caused and contributed to by Defendants in this matter. 51. It is a correct statement of the law, although, it is denied that these defenses are a~plcai~le. S2. Denied as an incorrect statement of the law and inapplicable to the case at bar. 53. Denied as set forth more fully in the Plaintiff s Complaint. 54. Denied as set forth more fully in the Plaintiff s Complaint. SS. Denied as an incorrect statement of law, Pa.R.C.P. 238 has been held Constitutional repeatedly. 56. Plaintiff has entered into no releases dischazging the Defendants from liability in this matter. 57. It is"denied that Defendant may take advantage. of any alleged collateral sources in defending this matter. ~~ 58. It is denied that any superseding or intervening negligent acts of any persons other than the Defendants herein, 59. Denied. See answer to Paragraph 58 above. 60. Denied. See answer to Pazagraph 51 above. 512108 61. It is denied that the "two schools of thought" defense is in anyway applicable to the negligence of the Defendants at bar. 62. Plaintiff was in no way compazatively or contributorily negligent in this matter and the Fair Share Act does not apply. WHEREFORE, Plaintiff demands judgment in its favor and dismissal of the Answer and New Matter of Defendant. Respectfully submitted, ANGINO & ROVNEIZ, P.C. Date: November 6, 2012 Neil J. Rovn re PA I.D. No 22 0 4503 N. Fr t'Street Harrisburg, PA 17110 (?17) 238-6791 nrovner@angino-rovner. com Counsel for Plaintiff(s) 512108 COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF CUMBERLAND I, Neil J. Rovner, being duly sworn according to law, depose and state that I am counsel for Plaintiff that I am authorized to make this Affidavit on behalf of said Plaintiff and that the facts set forth in the foregoing Plaintiff's Reply to New Matter of Defendant Select Specialty Hospital- Central Pennsylvania, L.P., are true and correct to the best of my knowledge, information and belief. I ur~derstand~fihat this verification is made subject to the penalties of the Rules of Civil Procedure relating to unsworn falsification to authorities. ~~ Neil J. Rovn e Dated: November 6, 2012 Sworn to and subscrAibed before me this ~~ day of I~cxcMloer , 2012. Notary bli _ My commission expires: COMINONWIEA,~TH OF rENNfYLVANIA NOTARIAL SEAL ANGELA DAWN HORCHLER, Notary Pubbc Sraatuet-anna Twp., Dauphin County Carrmiasion Expires March 18, 2013 sluoa ,. m. .~, CERTIFICATE OF SERVICE ~; Martie A. Manno, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the foregoing Plaintiff's Reply to New Matter of Defendant Select Specialty Hospital-Central Pennsylvania, L.P. upon all counsel of record via postage prepaid first class United States mail addressed as follows: Evan Black, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 171.08 Cou+~cel for Defendant Select Specialty hospital Michael M. Badowski, Esquire Colleen A. Shutts, Esquire Mar~ala~ l~deisteiri " x510 Trindle Road Camp Hill, PA 17011 Counsel for Defendants Vtswanathan S. lyer, M.D. and Associates in Ifidirey Diseases, Hypertension 8c Intensive Care Medicaine, LLC. Date: Novemlier 6, 2012 M ie A. Manno, Legal ecretary siuos S. 112011 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA SIG PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JUSTIN J. MCGARRITY TERM, CUMBERLAND -VS- CASE NO: 12-4709 VISWANATHAN SUBHA IYER, M.D. SELECT r"• SPECIALTY HOSPITAL-CENTRAL ET AL As a prerequisite to service of a subpoena for documents and things_p su.put ;-T- - to Rule 4009.22 ' MCS on behalf of HUGH P. O'NEILL, III, ESQ. .3 certifies that ' (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on b h Z r" DATE: 07/10/2013 jo� HU P. OXNEILL, III, ESQ. Attorney for DEFENDANT MCS # 75385-L10 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS JUSTIN J. MCGARRITY TERM, -VS- CASE NO: 12-4709 VISWANATHAN SUBHA IYER, M.D. SELECT SPECIALTY HOSPITAL-CENTRAL ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009 .21 PENN STATE LIFE LION EMS RECORDS PA STATE POLICE HEADQUARTERS POLICE RECORDS TRICARE INSURANCE HEALTH INSURANCE TO: NEIL ROVNER, ESQ. , PLAINTIFF COUNSEL MICHAEL BADOWSKI, ESQ. MCS on behalf of HUGH P. OINEILL, III, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/18/2013 MCS on behalf of HUGH P. O'NEILL, III, ESQ. Attorney for DEFENDANT CC: HUGH P. O'NEILL, III, ESQ. - 727-21541 THE MCS GROUP INC. NEIL ROVNER, ESQ. 1601 MARKET STREET ANGINO & ROVNER #800 4503 N. FRONT STREET PHILADELPHIA, PA 19103 (215) 246-0900 HARRISBURG, PA 17110 MCS # 75385-CO1 DE02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JUSTIN J. MCGARRITY File No. 12-4709 vs. VISWANATHAN SUBHA IYER, M.D. SELECT SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PENN STATE LIFE LION (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: SEE ATTACHED RIDER at The MCS Group,Inc 1601 Market r philadelphin PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek, in advance,the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: _HUGH P. O'NEILL III ESQ. ADDRESS: 305 N FR ON STREET PO BOX 999 _HARRISBURG,. PA 17108 TELEPHONE:12 1 51 246-0900 SUPREME COURT ID#: ATTORNEY FOR: Defendant BY TH CC 1 2013 t ry/Cler , Civil Division f f f Date:, Deputy I I Seal of the Court 75385-10 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PENN STATE LIFE LION C/O HERSHEY MEDICAL CTR. H. I .S. H24/ PO 850 HERSHEY, PA 17033 RE: MCS # 75385-L1O JUSTIN J. MCGARRITY 4425 WINTHROP DRIVE HARRISBURG, PA 17112 Social Security #: XXX-XX-4646 Date of Birth: 11-04-1984 Please provide all treatment, transport, and any refusal of treatment records from 7/16/10 transport from Harrisburg mile marker 42 to Hershey Medical Center as well as any subsequent transports by air or ground. This should contain all records in your possession, all archived records and records in storage. Include any items as may be stored in a computer database or otherwise in electronic form. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 75385-L10 SU1O CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JUSTIN J. MCGARRITY TERM, CUMBERLAND -VS- CASE NO: 12-4709 VISWANATHAN SUBHA IYER, M.D. SELECT SPECIALTY HOSPITAL-CENTRAL ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of HUGH P. O'NEILL, III, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on be f DATE: 07/10/2013 HUG O. O'NEILL, III, ESQ. Attorney for DEFENDANT MCS # 75385-L11 DE11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JUSTIN J. MCGARRITY File No. 12-4709 vs. VISWANATHAN SUBHA IYER, M.D. SELECT SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for PA STATE POLICE HEADQUARTERS (Name of Person or Entity) Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Group Inc 1601 Market Street Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek, in advance,the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: _HUGH P. O'NEILL III ESQ ADDRESS: 305 N. FRONT STREET PO BOX 999 HARRISBURG PA 17108 TELEPHONE:_(215)246-0900 SUPREME COURT ID#: ATTORNEY FOR: Defendant BY TH O T: <4 J U L O 2 3 Prothonotary lerk, ivil Division Date: Deputy Seal f the Court 75385-H EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PA STATE POLICE HEADQUARTERS C/0 COMM. FRANK NOONAN 1800 ELMERTON AVE HARRISBURG, PA 17110 RE: MCS # 75385-Lll JUSTIN J. MCGARRITY 4425 WINTHROP DRIVE HARRISBURG, PA- 17112 Social Security ##: XXX-XX-4646 Date of Birth: 11-04-1984 Please provide all accident or incident reports and photographs for a motor vehicle accident on 7/16/10 at mile marker 42 on I-83 Southbound. , Police Incident # H-01-1955694, including the investigative report. This should contain all records in your possession. all archived records, or records in storage. Including any and all items as may be stored in a computer database or otherwise in electronic form. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 75385-Lll SU10 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COMMON PLEAS JUSTIN J. MCGARRITY TERM, CUMBERLAND -VS- CASE NO: 12-4709 VISWANATHAN SUBHA IYER, M.D. SELECT SPECIALTY HOSPITAL-CENTRAL ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of HUGH P. O'NEILL, III, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MCS on beh of DATE: 07/10/2013 HUGH?V O'NEILL, III, ESQ. Attorney for DEFENDANT MCS # 75385-L12 DE11 _ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JUSTIN J. MCGARRITY File No. 12-4709 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for TRICARE INSURANCE (Name of Person or Entity) Within twenty (20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: SEE ATTACHED RIDER at The MCS Group.Inc.. 1601 Market Street,Suite 800.Philadelphia,12A 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance,to the party making this request at the address listed above. You have the right to seek, in advance,the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: HUGH P. ONEILL, 111.ESO. ADDRESS: .305 N. FRONT STREET PO BOX 999 HARRISBUR �Q, PA 17108 TELEPHONE:-L215)246-0900 SUPREME COURT ID 4: ATTORNEY FOR: Defendant CO RT: JUL110 Y0 .3. Deputy -Seal of the'Court 4 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: TRICARE INSURANCE PO BOX 870140 MEDICAL CARE CLAIMS SURFSIDE BEACH, SC 29587 RE: MCS # 75385-L12 JUSTIN J. MCGARRITY 4425 WINTHROP DRIVE HARRISBURG, PA 17112 Social Security #: XXX-XX-4646 Date of Birth: 11-04-1984 Please provide any and all records, pertaining to the member from 2010 to the present. Include all claims, claim notices, appeals, payments and reimbursements. Supply any and all medical records, reports, prescription and pharmacy records. This should contain all records in your possession, all archived records, or records in storage. Including any and all items as maybe stored in a computer database or otherwise in electronic form. Prior approval is required for fees in excess of $150.00 for hospitals, $100.00 for all other providers. MCS # 75385-L12 SU10 G� Commonwealth of Pennsylvania County of Cumberland af . Justin J.McGarrity, Court of Common Pleas r Plaintiff(s), CIVIL ACTION ; V. Case Number: 12-4709 -� Viswanathan Subha Iyer,M.D.,et al., Defendant(s). Return of Service On the �� S� day of -- /�L�P� I, /D7/ �/y� _. , served with the foregoing subpoena by (describe the method of service): Personally delivering a copy to: Eertified mail to: Person served (name): Custodian of Records Address where served: ebanon VA Medical Center 1700 S. Lincoln Ave. Lebanon,PA 17042 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. ate Signature Name of Witness Name of Person Served 10-200(Rev.7/99)(Reverse) W.O.#268148-001 pa_ms_140_1 Commonwealth of Pennsylvania County of Cumberland Justin J.McGarrity, Court of Common Pleas Plaintiff(s), CIVIL ACTION V. Case Number: 12-4709 rn N CD Viswanathan Subha Iyer,M.D.,et al., 4":. Defendant(s). .Z G x- Return of Service On the 5 day of E�Jk ,Yr.p► 1, %i,�7�,d'_�.-//�7r/VfP , served with the foregoing subpoena by (describe the method of service): ❑ Personally delivering a copy to: ertified mail to: Person served (name): ustodian of Records Address where served: Camp Hill VA Outpatient Clinic 25 N. 32nd St. Camp Hill,PA 17011 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. lz�lal DWI Name of Witness Name of Person Served 10-200(Rev.7/99)(Reverse) W.O.#268148-002 pa_ma_+40_1 Commonwealth of Pennsylvania County of Cumberland Justin J.McGarrity, Court of Common Pleas CIVIL ACTION Plaintiff(s), rn V. Case Number: 12-4709 Viswanathan Subha Iyer,M.D.,et al., 7-- CD r-,5 Defendant(s). " �LReturn of Service On the l day of Yr. served with the foregoing subpoena by (describe the method of service): Personally delivering a copy to: Certified mail to: Person served (name): Custodian of Records Address where served: F Magee Rehabilitation Hospital 1513 Race St. Philadelphia,PA 19102 I verify that the statements in this return of service are true and correct.I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ate Signature Name of Witness Name of Person Served 10-200(Rev.7/99)(Reverse) W.O.#268148-003 pa_ms_140_1 COMMONWEALTH OF PENNSYLVANIA,COUNTY OF CUMBERLAND Justin J.McGarrity, Court of Common Pleas Plaintiff(s), CIVIL ACTION V. Case Number: 12-4709 c : Viswanathan Subha Iyer, M.D., et al., C::, NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUM-;n ---- ; DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO Rill 9.21 Michael M. Badowski,Esquire,attorney for the Defendant(s),intends to serve a subpoena identical w the one that is attached to this notice. To: Custodian Of Records, Camp Hill VA Outpatient Clinic,25 N.32nd St.,Camp Hill,PA 17011 Custodian Of Records,Lebanon VA Medical Center, 1700 S. Lincoln Ave.,Lebanon,PA 17042 Custodian Of Records,Magee Rehabilitation Hospital, 1513 Race St.,Philadelphia,PA 19102 You have twenty (20)days from the date listed below in which to isle of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena maybe.served. Date: 10/1/2013 Michael7M. Badowski,Esquire Margolis Edelstein 3510 Trindle Road Camp Hill,PA 17011 Phone: (717)760-7510 Fax: (717) 975=8124 SUPREME COURT ID NO.: 32646 Attorney for Defendant(s), Iyer, M.D. W.O.#268148 12-4709 Page I of 2 w 102 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing Notice oflntent to Serve Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 was delivered to: Neil J. Rovner,Esquire X First Class Mail Angino&Rovner,P.C. Fax 4503 N. Front St. Certified Mail Harrisburg,PA 17110 Overnight Express Attorney for Plaintiffs) Personal Service Evan Black,Esquire X First Class Mail Thomas,Thomas&Hafer,LLP Fax 305 N. Front St. Certified Mail Harrisburg,PA 17101 Overnight Express Attorney for Defendants) Personal Service Select Specialty Hospital Date: 10/1/2013 Michael M. B dowski, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill,PA 17011 Phone: (717)760-7510 Fax: (717)975-8124 SUPREME COURT ID NO.: 32646 Attorney for Defendant(s), Iyer,M.D. W.O.#268148 12-4709 Page 2 of 2 anot-ust COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Justin J. McGarrity, Plaintiff(s), Court of Common Pleas vs. CIVIL ACTION Viswanathan Subha lyer,M.D.,et al., Case No.: 12-4709 Defendant(s). CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Michael M.Badowski,Esquire,attorney for the Defendant(s),certifies that: (1)a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; (2)a copy of the notice of intent,including the proposed subpoena, is attached to this certificate; (3)no objection to the subpoena has been received,and; (4) the subpoena which will be served is identical to the subpoena whic i's att ched to_th tice of intent to serve the subpoena. i r Date: 10/21/2013 Michael M. Badowski, Esquire Margolis Edelstein 3510 Trindie Road Camp Hill,PA 17011 Phone: (717)760-7510 Fax: (717)975-8124 SUPREME COURT ID NO.: 32646 Attorney for Defendant(s), Iyer,M.D. W.O. #268148 Page I of 1 ps—eptoe i COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Justin J.McGarrity, Court of Common Pleas Plaintiff(s), CIVIL ACTION V. Case Number: 124709 Viswanathan Subha Iyer,M.D.,ct al., Defendant(s). SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:Custodian Of Records, Lebanon VA Medical Center, 1700 S.Lincoln Ave.,Lebanon,PA 17042 Re: Justin J. McGarrity DOB:. 11/04/1984 SSN:UNKNOWN AKA:Justin James McGarrity Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents'or things: Billing Records; Medical Records; X-Rays/MR1s/CT scans; See"Attachment A." at Second Image National, 1805 Monument Ave.,Ste. 208,Richmond,VA 23220,Fax: (800)6114555 You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of compliance,to the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. Till IS SUBPOENA WAS ISSUED AT TILE REQUEST OF TILE FOLLOWING PERSON: Michael M.Badowski,Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Phone: (717)760-7510 Fax: (717)975-8124 SUPREME COURT ID NO.: 32646 Attorney for Dgpndant(s)i 0 lt; 1yer, M.D. 1�t�' L� �,t �;j P ?•t� < '•. � :i•f BY THE COURT: Date: •: I A'� i� w Af -� w k r,� :•.. *.•,:. rothonotary C ee ,Civil Division V.••7• V Seal of tl;c C-011i'I. ., tt'''��'11 ;:: '-'••„ W.O.N 268148-001 12-4709 Page 1 of 2 Attachment A Re:Name:Justin J.McGarrity DOB: 11/04/1984 SSN: UNKNOWN AKA:Justin James McGarrity Complete medical records,billing records,and radiology images from the first date of treatment to the present, including but not limited to any records/documents that may be stored digitally and/or electronically: documents, medical reports,doctor's entries,nurse's notes,progress reports,cardiology reports,radiology reports, x-ray reports,MRI reports, lab reports,pathology reports,monitor strips,physical therapy records,case history, emergency records,diagnosis,prognosis,condition,admit and discharge records, charges,explanation of benefits,payments,adjustments,write-offs,balances due, itemized billing charges,X-rays,MRI's,CT's, myelograms,tomograms,MRA's,PET scans, CAT scans, fluoroscopy,documents including sign-out sheets or communications which demonstrate that any items were checked out from or removed from your facility, radiology reports,x-ray reports,MRI reports,CT reports,myelogram reports,cardiology reports,and any other radiology reports. All approved radiology images must be produced on film or on a DICOM compliant CD only. Prior to duplication,please provide a breakdown of all radiology images in your possession,custody,or control. All emails between physicians and the patient regarding physical complaints,symptoms,and treatment,including secure messages. W.O.#268148-001 124709 Page 2 of 2 pr Nt_�se i COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Justin J. McGarrity, Court of Common Pleas Plaintiff(s), CIVIL ACTION v Case Number: 124709 Viswanathan Subha lycr,M.D.,et al., Defendant(s). SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:Custodian Of Records, Camp Hill VA Outpatient Clinic,25 N.32nd St.,Camp Hill,PA 17011 Re: Justin J.McGarrity DOB: 11/04/1984 SSN:UNKNOWN AKA: Justin James McGarrity Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: Billing Records; Medical Records; X-Rays/MRIs/CT scans; See"Attachment A." at Second Image National, 1805 Monument Ave.,Ste.208,Richmond,VA 23220,Fax: (800)6114555 You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of compliance, to the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Michael M.Badowski,Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Phone: (717)760-7510 Fax: (717) 975-8124 SUPREME COURT'IDtNO: 32646 Rttorne3 JorDe(erida�rt(s)„;!}f f Sri, ; Iyer,M.D. ;�V"%��� �.'•..... �� '•;• 4 . ', t C'�S �/ •• .f BY THE COURT- Date: ..::,Cc- '�` .�rr�• � %, - • Prothonotary/Clerk,Civil Div t3 �r,/1� - ,,. j f:1 "a- ision Seal of the Court' t,.,�i`r�fir;” a': t/ , IL 0 r'tttf�at�! , W.O.N 268148-002 124709 Page I of 2 Attachment A Re:Name:Justin J.McGarrity DOB: 11/04/1984 SSN: UNKNOWN AKA:Justin James McGarrity Complete medical records,billing records,and radiology images from the first date of treatment to the present, including but not limited to any records/documents that may be stored digitally and/or electronically: documents, medical reports,doctor's entries,nurse's notes,progress reports,cardiology reports,radiology reports,x-ray reports,MRI reports, lab reports,pathology reports,monitor strips,physical therapy records,case history, emergency records,diagnosis,prognosis,condition,admit and discharge records, charges,explanation of benefits,payments,adjustments,write-offs,balances due, itemized billing charges,X-rays, MRI's,CT's, myelograms,tomograms,MRA's,PET scans, CAT scans,fluoroscopy,documents including sign-out sheets or communications which demonstrate that any items were checked out from or removed from your facility, radiology reports,x-ray reports,MM reports, CT reports,myelogram reports,cardiology reports,and any other radiology reports. All approved radiology images must be produced on film or on a DICOM compliant CD only. Prior to duplication,please provide a breakdown of all radiology images in your possession,custody,or control. All emails between physicians and the patient regarding physical complaints,symptoms, and treatment,including secure messages. W.O.#268148-002 12-4709 Page 2 of 2 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Justin J.McGarrity, Court of Common Pleas Plaintiff(s), CIVIL ACTION V. Case Number: 124709 Viswanathan Subha lyer, M.D.,et al., Defendant(s). SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:Custodian Of Records,Magee Rehabilitation Hospital, 1513 Race St.,Philadelphia,PA 19102 Re: Justin J.McGarrity DOB: 11/04/1984 SSN:UNKNOWN AKA:Justin James McGarrity Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: Billing Records; Medical Records;X-Rays/MRIs/CT scans; See "Attachment A." at Second Image National, 1805 Monument Ave.,Ste.208,Richmond,VA 23220,Fax: (800)6114555 You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of compliance,to the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Michael M.Badowski,Esquire Margolis Edelstein 3510 Trindle Road Camp Hill,PA 17011 Phone: (717)760-75 10 Fax: (717)975_8124 SUPREME COURT ID NO.: 32646 Attorney_fa•D%rrdarrt(s), Iyer,M.D. w.0 11111,,, BY THE.COURT: Date: / �Y' t' _f � ,�:� Prothonotary/Clerk,Civil Division Sca16 f t3tc Cou ol '�J }� a•3C1 tr,(li•i,il►� W.O.#268148-003 124709 Page I of 2 Attachment A Re: Name: Justin J. McGarrity DOB: 11/04/1984 SSN: UNKNOWN AKA: Justin James McGarrity Complete medical records,billing records,and radiology images from the first date of treatment to the present, including but not limited to any records/documents that may be stored digitally and/or electronically: documents, medical reports,doctor's entries,nurse's notes,progress reports,cardiology reports,radiology reports, x-ray reports,MRI reports, lab reports,pathology reports,monitor strips,physical therapy records,case history, emergency records, diagnosis,prognosis,condition, admit and discharge records, charges,explanation of benefits,payments,adjustments,write-offs,balances due,itemized billing charges,X-rays,MRI's, CT's, myelograms, tomograms,MRA's,PET scans, CAT scans,fluoroscopy, documents including sign-out sheets or communications which demonstrate that any items were checked out from or removed from your facility, radiology reports,x-ray reports,MRI reports,CT reports,myelogram reports, cardiology reports,and any other radiology reports. All approved radiology images must be produced on fihn or on a DICOM compliant CD only. Prior to duplication,please provide a breakdown of all radiology images in your possession,custody,or control. All emails between physicians and the patient regarding physical complaints, symptoms, and treatment, including secure messages. W.O.#268148-003 12-4709 Page 2 of 2 ua sdt 188 1 MAGEE REHABILITATION HOSPITAL AUTHORIZATION TO USE AND DISCLOSE PROTECTED HEALTH INFORMATION 9 ci Patient's Name: � GS Last j First Middle Date of Birth: I authorize Magee Rehabilitation Hospital to use or disclose my health information(including the highly confidential information I selected below,if any)during the term of this Authorization for the following specific purpose(s): Continuity of Care Other(specify) SPECIFY INFORMATION TO BE DISCLOSED: _Face Sheet _Medicsil Discharge Summary Emergency Room Record History& Physical _Operative Record Consultative Report Therapy Evaluation _Therapy Discharge Report Radiology Report Laboratory Report _Equipment Report _Medication(s) All of the Above _Complete Copy of Chart Other PQ MY HIGHLY CONFIDENTIAL INFORMATION: By signing my name next to a category of highly confidential information listed below, I specifically authorize the use and/or disclosure of the type of highly confidential information indicated next to my signature, if any such information will be used or disclosed pursuant to this Authorization: PATIENT IItLIJST SIGN NEXT T4 WHAT o_pps.��� e Information about a MqAal Illn or Developmental Disability r - e Psychotherapy Not e Information about HI}/%AIDS Testing or Treatment •%? "` (including the fact that an HIV test was ordered,'pergrined or reported, regardless of whether the results of such tests were positive or negative) e lnformation about Venereal Disease e Information about Substance(i.e.,alcohol or drug)Abuse G7 ,,%-- e Information about Abuse of an Adult with a Disability e Information about Sexual Assault e Information about Child Abuse and Neglect e Information about Genetic Testing RECIPIENT: Name and address of person or organization to whom Magee Rehabilitation Hospital may disclose my health information: TERM:This Authorization will remain in effect until Magee Rehabilitation Hospital fulfills this request or: ❑ From the date of this Authorization until the day of (specify date) ❑ Until the following event occurs: ❑Other: MR-AUT-61 Z MAGEE REHABILITATION HOSPITAL Page 2 AUTHORIZATION TO USE AND DISCLOSE PROTECTED HEALTH INFORMATION Patient Name I understand that once Magee Rehabilitation Hospital discloses my health information to the recipient, Magee Rehabilitation Hospital cannot guarantee that the recipient will not redisclose my health information to a third party. The third parry may not be required to abide by this Authorization or applicable federal and state law governing the use and disclosure of my health information. I understand that Magee Rehabilitation Hospital may, directly or indirectly, receive remuneration from a third party in connection with the use or disclosure of my health information. I understand that 1 may refuse to sign or may revoke this Authorization for any reason and that such refusal or revocation will trot affect the commencement,continuation or quality of my treatment at Magee Rehabilitation Hospital;except,however, if my treatment at Magee Rehabilitation Hospital is for the sole purpose of.creating health information for disclosure to the recipient identified in this Authorization, in which case Magee Rehabilitation Hospital may refuse to treat me if I do not sign this Authorization. I understand that-this Authorization will remain in effect until the term of this Authorization expires or 1 provide a written notice of revocation to Magee Rehabilitation Hospital's Privacy Office at the address listed below. The revocation will be effective immediately upon Magee Rehabilitation Hospital's receipt of my written notice, except that the revocation will not have any effect on any action taken by Magee Rehabilitation Hospital in reliance on this Authorization before it received my written notice of revocation. I may contact Magee Rehabilitation Hospital's Privacy Officer by mail at Magee Rehabilitation Hospital, 1513 Race St,Philadelphia,PA 19102,or by telephone at 215 597-3463. I have read and understand the terms of this Authorization and I have had an opportunity to ask questions about the use and disclosure of my health information. By my signature below, 1 hereby, knowingly and voluntarily, authorize Magee Rehabilitation Hospital to use or disclose my health information in the manner described a�bovq. Signature of Patient Date /the patient is a minor or is otherwise unable to sign this Authorization,obtain the following signatures: Signature of Description of Date Personal Representative Authority Revised November 2007 September 2011 January 12,2012 h r-f-j .yi4j �' 6-1 Cc, tot, ANGINO&ROVNER,P.C. , rJ }f,'yrt�,jti r�,, Neil J.Rovner,Esquire Attorney ID# : 22108 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 E-mail:nrovner @angino-rovner.com Attorney for Plaintiff JUSTIN J. MCGARRITY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v. NO. 12-4709 VISWANATHAN SUBHA IYER, M.D.; CIVIL ACTION - LAW SELECT SPECIALTY HOSPITAL — MEDICAL PROFESSIONAL LIABILITY ACTION CENTRAL PENNSYLVANIA, L.P., A GENERAL PARTNERSHIP OF SELECT JURY TRIAL DEMANDED SPECIALTY HOSPITALS, INC.; and ASSOCIATES IN KIDNEY DISEASES, HYPERTENSION AND INTENSIVE CARE MEDICINE, LLC., Defendants PLAINTIFF'S MOTION FOR STATUS CONFERENCE AND NOW comes the Plaintiff by and through his attorney and files this Motion for a Status Conference, and in support thereof aver: 1. The Complaint in this case was filed on July 27, 2012. 2. Service upon Defendant Select Specialty Hospital—Central Pennsylvania, L.P., A General Partnership of Select Specialty Hospitals, Inc., (hereinafter, "Defendant Select Specialty Hospital") was effectuated by the Dauphin County Sheriff on August 3, 2012, Defendant Associates in Kidney Diseases, Hypertension and Intensive Care Medicine, LLC., (hereinafter "Defendant Associates in Kidney Diseases") was served on August 15, 2012 and Defendant Dr. Viswanathan Subha Iyer, M.D. (hereinafter, "Defendant Dr. Iyer") was served on August 15, 2012. 540908 3. All Parties have engaged in and have completed written discovery. 4. The Depositions of Plaintiff Justin McGarrity, his parents, John and Mary Ellen McGarrity , Defendant Dr. Iyer and Nurse Julia Smith have been completed to date and Plaintiff has requested some additional depositions of listed employees at Defendant Select Specialty Hospital to be completed in January or February of 2014. 5. Counsel estimate that the trial will take no more than four to five days. 6. Counsel for Plaintiff believes it is in all parties' interests to have the Court set deadlines for the completion of all discovery, the exchange of expert reports and also set a date or term for trial. 7. Counsel for Plaintiff contacted the Defendants' counsel via email on November 5, 2013, and it is Plaintiffs understanding that Defendants' counsel concurs with the filing of this Motion for Status Conference. 8. The Plaintiff is represented by Neil J. Rovner, Esq., of Angino & Rovner, P.C., 4503 N. Front Street, Harrisburg, PA 17110 (717) 238-6791. 9. Defendant Select Specialty Hospital is represented by Evan Black, Esquire and Hugh P. O'Neill, Esquire of Thomas, Thomas & Hafer, LLP, 305 North Front Street, P.O. Box 999, Harrisburg, PA 17108, (717) 237-7100. 10. Defendants Dr. Iyer and Associates in Kidney Diseases are represented by Michael M. Badowski, Esquire and Colleen A. Shutts, Esquire of Margolis Edelstein, 3510 Trindle Road, Camp Hill, PA, 17011, (717) 975-8114. WHEREFORE, the Parties respectfully request that this Honorable Court schedule a status conference. 540908 Respectfully submitted, ANGINO & ROVNER, '.C. Neil J. Rovne , . r. e PA I.D. No. 2,108/ 4503 N. Front Strdet Harrisburg, PA 17110 (717) 238-6791 nrovner@angino-rovner.com Counsel for Plaintiff(s) Date: /!_ a_aj.3 540908 CERTIFICATE OF SERVICE AND NOW, this ,,1P day of A.Mij ., 2013, I, Katelyn Helman, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFF'S MOTION FOR STATUS CONFERENCE upon all counsel of record via postage prepaid first class United States mail addressed as follows: Evan Black, Esquire Hugh P. O'Neill, Esquire Thomas, Thomas&Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg,PA 17108 Counsel for Defendant Select Specialty Hospital Michael M. Badowski, Esquire Colleen A. Shutts, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Counsel for Defendants Viswanathan S. Iyer, M.D. and Associates in Kidney Diseases, Hypertension &Intensive Care Medicine,LLC. Katel n M. Hlman, Paralegal Dated: 1 1 /9 / Ui 2 5 40908 t „ rr-ifl ..u, L U � 27 Pd 3: C i Hi 1 Ca ; l �l PENNSYLVANIA" ANGINO&ROVNER,P.C. Neil J. Rovner,Esquire Attorney ID# : 22108 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 E-mail:nrovnergangino-rovner.com Attorney for Plaintiff JUSTIN J. MCGARRITY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v. NO. 12-4709 VISWANATHAN SUBHA IYER, M.D.; CIVIL ACTION - LAW SELECT SPECIALTY HOSPITAL — MEDICAL PROFESSIONAL LIABILITY ACTION CENTRAL PENNSYLVANIA, L.P., A GENERAL PARTNERSHIP OF SELECT JURY TRIAL DEMANDED SPECIALTY HOSPITALS, INC.; and ASSOCIATES IN KIDNEY DISEASES, HYPERTENSION AND INTENSIVE CARE MEDICINE, LLC., Defendants ORDER GRANTING PLAINTIFF'S MOTION FOR STATUS CONFERENCE AND NOW, this 02'tn--day of , 2013, upon consideration of Plaintiff's Motion For Status Conference, IT IS HEREBY ORDERED that a Status Conference in this matter is scheduled to begin the day of /h! t -& , 201/4 /l).dll o'clock (a.m./per-}in Courtroom No. ` bere-th u able BY THE COURT: It‘tJ. Distribution on following page: 540908 Distribution: /Neil J. Rovner, Esq., Angino & Rovner, P.C., 4503 N. Front Street, Harrisburg, PA 17110; ph# (717) 238-6791; nrovner @angino-rovner.com, Counsel for Plaintiff Evan Black, Esq., and Hugh P. O'Neill, Esq. of Thomas, Thomas & Hafer, 305 North Front Street, P.O. Box 999, Harrisburg, PA 17108, ph# (717) 237-7100, eblack @tthlaw.com, honeill @tthlaw.com, Counsel for Defendant Select Specialty Hospital /Michael M. Badowski, Esq. and Colleen A. Shutts, Esq. of Margolis Edelstein, 3510 Trindle Road, Camp Hill, PA 17011, ph# (717) 975-8114, mbadowski @margolisedelstein.com, eshutts @margolisedelstein.com, Counsel for Defendants Dr. Viswanathan S. Iyer and Associates of Kidney Diseases, Hypertension and Intensive Care Medicine, LLC. 'Or le cop i I 540908 Commonwealth of Pennsylvania County of Cumberland Justin J. McGarrity, Court of Common Pleas r Plaintiff(s), CIVIL ACTION s5 V. Case Number: 12-4709 Viswanathan Subha Iyer,M.D., et al., Defendant(s). Return of rz,�V ice On the Ilk day of I, ile , served with the foregoing subpoena by (describe the method of service): ❑ Personally delivering a copy to: Certified mail to: Person served (name): C todian of Records Address where served: Bronx VA Medical Center/Radiology Department 130 W. Kingsbridge Rd. Bronx,NY 10468 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. 111,1;?lrl 1"w5 i to Signature Name of Witness Name of Person Served 10-200(Rev.7/99)(Reverse) W.O.#268517-003 pa_ms_140_i Commonwealth of Pennsylvania County of Cumberland Justin J. McGarrity, Court of Common Pleas Plaintiff(s), CIVIL ACTION , „,= V. Case Number: 12-4709 r Viswanathan Subha Iyer,M.D.,et al., ' , Defendant(s). Return of Sprivbre On the day of �( � ,Yr.�, I, VV1 e' , served with the foregoing subpoena by (describe the method of service): �Pelly delivering a copy to: Certified mail to: Person served (name): Custodian of Records Address where served: innacle Health 2310 Patton Rd. Harrisburg,PA 17112 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. D to Signature Name of Witness Name of Person Served 10-200(Rev.7/99)(Reverse) W.O.#268517-004 pa_roe Sao Commonwealth of Pennsylvania County of Cumberland a Court of Common Pleas 01c,� �� Justin J.McGarrity, e„ , ' CIVIL ACTION " _. . Plaintiff(s), `�';, -� "c:?" = V. Case Number: 12-4709 Viswanathan Subha Iyer,M.D.,et al., %' r Defendant(s). Return of Seryice On the Y64` day of ©L'ao�/ /-- ,Yr. I, ,�' '— , served with the foregoing subpoena by (describe the method of service): ❑ Personally delivering a copy to: Certified mail to: Person served (name): Cust 'an of Records Address where served: F-1 Bronx VA Medical Center/Billing Department 130 W. Kingsbridge Rd. Bronx,NY 10468 1 verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. �//a7 711-5 t Dad Signature Name of Witness Name of Person Served 10-200(Rev.7/99)(Reverse) W.O.#268517-002 as ms_tao_t Commonwealth of Pennsylvania ` County of Cumberland C Justin J. McGarrity, Court of Common Pleas Plaintiff(s), CIVIL ACTION V. Case Number: 124709 +s S Viswanathan Subha Iyer,M.D.,et al., Defendant(s). Return of Ser ce On the 7 111 day of G ,Yr. 6 , I, 411e k7walle served with the foregoing subpoena by (describe the method of service): ❑ Perso ally delivering a copy to: Certified mail to: Person served (name): Custodian of Records Address where served: F� n--Bronx VA Medical Center/Medical Records 130 W. Kingsbridge Rd. Bronx,NY 10468 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. //J Da T Signature Name of Witness Name of Person Served 10-200(Rev.7/99)(Reverse) W.O.#268517-001 pa-m9_140_1 COMMONWEALTH OF PENNSYLVANIA,COUNTY OF CUMBERLAND r'> f .. Justin J.McGarrity, Court of Common Pleas7, Plaintiffs) CIVIL ACTION (JA t V. Case Number: 12A709 Viswanathan Subha Iyer,M.D.,et al., Defendant(s). NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 400911 Michael M.Badowski,Esquire,attorney for the Defendant(s),intends to serve a subpoena identical to the one that is attached to this notice. To: Custodian Of Records,Bronx VA Medical.Center/Billing Department, 130 W.Kingsbridge Rd.,Bronx, NY 18468 Custodian Of Records,Bronx VA Medical Center/Medical Records,130 W.Kingsbridge Rd.,Bronx,NY 10468 Custodian Of Records,Bronx VA Medical Center/Radiology Department, 130 W.Kingsbridge Rd.,Bronx, NY 1046$ Custodian Of Records,Pinnacle Health,2310 Patton Rd.,Harrisburg,PA 17112 You have twenty (20)days from the date'listed below in which to ile of ecord and serve upon the undersigned an objection to the subpoena. If no objection is made, the s a may serve Date: 11/7/2013 b Michael M. Badowski, squire Margolis Edelstein 3510 Trindle Road Camp Hill,PA 17011 Phone:(717)760-75.10 Fax:(717)9754124 SUPREME COURT ID NO.;32,646 Attorney for Defendant(s), Iyer,M.D. W.O.#268517 12-4709 Page 1 of 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing Notice of Intent to Serve Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 was delivered to: Neff J.Rovner,Esquire X First Class Mail Angino&Rovncr,P.C. Fax 4503 N.Front St. Certified Mail Harrisburg,PA 17110 Overnight Express Attorney for Plaintiffi(s) Personal Service Evan Black,Esquire X First Class Mail Thomas,Thomas&Hafer,LLP Fax 305 N.Front St. Certified Mail Harrisburg,PA 17101 Overnight Express Attorney for Defendant(s) c Select'Specialty Hospital Date: 11/7/2013 hael M.Badowiki,Bs ire Margolis Edelstein 3510 Trindle Road Camp Hill,PA 17011 Phone:(717)760-7510 Fax:(717)975-8124 SUPREME COURT ID NO.: 32646 Attorney for Defendant(s), Iyer,M.D. N9411268517 124709 Page 2 of 2 COMMONWEALTH OF PENNSYLVANIA,COUNTY OF CUMBERLAND Justin J.McGarrity, Plalatitf(a}, Court of Common Pleas ys CIVIL ACTION Viswanathan Subha Iyer,M.D.,et al., Case No.:;12-4709 Defendant(s). CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant'to Rule 4Q09:22. Michael M.Badowski,Esquire,attorney for the Defendant(s),certifies that: (1)a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; (2)a copy of the notice of intent, including the proposed subpoena,is attached to this certificate; (3)no objection to the subpoena has been received,and; (4)the subpoena which will be served is identical to the subpoena whi h* attach o the no ' of i t to serve the subpoena. Date: 11/27/2013 ael M.Badawski, uire Margolis Edelstein 3510'Trindle Road Camp Hill,PA 17011 Phone:(717)760-7510 Fax:(717)'975-8124 SUPREME COURT ID NO.: 32646 Attorney for Defendant(s), Iyer,M.D. W.O.#268517 Page 1 of 1 "sou► COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Justin J.McGarrity, Court of Common Pleas Plaintiff(s), CIVIL ACTION V. Case Number: 124709 Viswanathan Subha lyer,M.D.,et al., Defendant(s). SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:Custodian Of Records,Bronx VA Medical Center/Medical Records, 130 W.Kingsbridge Rd., Bronx,NY 10468 Re: Justin J. McGarrity DOB: 11/04/1984 SSN:UNKNOWN AKA:Justin James McGarrity Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: Medical Records; See "Attachment A." at Second Irnage'Nadonal, 1805 Monuriient Ave.,Ste. 208,Richmond,VA 23220,Fax: (800)6114555 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certilicate;of coiiiplianec;tb the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or.producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service, the patty serving this.subpoena may'seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Michael M. Badowgki; Esquire Margolis Edelstein 3510 Trindle Road Camp Hill,PA 17011 Phone: (717)760f?A1,O I/./ Fax: (717)9 § 12ir1`/ �..��i.. SUPR)rM.4.OUJ T•1•D t)_R32G46 Attur111e3,,•(o►•Uet�i itdctys�;i ' lyer, ,�!; t t BY THE COU .�01 4 fi Date;;*.• ,�'1~ii-�3(`•{•1 :t�`,�= �.�!\�,r� . %�� ;`�= ',� ,• Prothonotary/Clerk,Civil Division Seal of the Gourt'�� . ' ;�ftrrrllr►�• 1 W.O.#269517-001 12-4709 Page 1 of 2 p sJ_lp 1 Attachment A Re:Name: Justin J. McGarrity DOB: 11/04/1984 SSN: UNKNOWN AKA:Justin James McGarrity Complete medical records from first date of treatment to the present,including but not limited to any records/documents that may be stored digitally and/or electronically: documents,medical reports,doctor's entries,nurse's notes,progress reports,cardiology reports,radiology reports,x-ray reports,MRI reports,CT reports,myelogram reports, lab reports,pathology reports,monitor strips,physical therapy records,case history, emergency records,diagnosis,prognosis,condition,and admit and discharge records. All emails between physicians and the patient regarding physical complaints,symptoms,and treatment,including secure messages. W,. 2685 t 7-001 12-4709 Page 2 of 2 Commonwealth of Pennsylvania County of Cumberland Justin J. McGarrity, Court of Common Pleas Plaintiff(s), CIVIL ACTION V. Case Number: 124709 Viswanathan Subha lyer, M.D.,et al., Defendant(s). Return of Sery oz ice On the �A day of , Yr.RAo 3, I, , served with the foregoing subpoena by (describe the method of service): Perna ally delivering a copy to: ' Certified mail to: Person served (name). Custodian of Records Address where served: Bronx VA Medical Center/Medical Records 130 W. Kingsbridge Rd. Bronx,NY 10468 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. 7 -ba le T Signature Name of Witness Name of Person Served 10-200(Rcv.7/99)(Reverse) W.O.H 268517-001 ps_10`-140-' COMMONWEALTH OF PENNSYLVANIA,COUNTY OF CUMBERLAND Justin J. McGarrity, Court of Common Pleas Plaintiff(s), CIVIL ACTION V Case Number: 124709 Viswanathan Subha tyer,M.D.,et al., Defendant(s). SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:Custodian Of Records,Bronx VA Medical Center/Billing Department, 130 W.Kingsbridge Rd., Bronx,NY 10468 Re: Justin J. McGarrity DOB: 11/04/1984 SSN:UNKNOWN AKA:Justin James McGarr* Within twenty(20)days after service of this subpoena,you are ordered by the cotut to produce the following documents or things: Billing Records;See"Attachment A." at Second Image National, 1805 Monument Ave.,Ste.208,Richmond,VA 23220,Fax: (800)611-4555 You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of compliance,to the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Michael M. Badowski,Esquire Margolis Edelstein 31j 10 Trindlc Road Camp Hill,PA 17011 Phone:(717)760-7510 Fax: (717)975-8124011 J 11 r SUPREME WU�I T.111)NQg3264,6 Allorneyjor,�I 'ei fuh S. "•• ,�✓. Iyer,M.0 ' ,tlxir,t,3 �t�;•,.» '�. i ',� r , � �• BY THE CO Date: '•• ,-1, 4,+'' •"t :: l -- -» d ,� ;t'",L= "• thonotary/Clerk,Civil Division Seal of the'Cuur%l► . r,rrl'tilt.tt W.O.#268517-002 12-4709 Page 1 of 2 Attachment A Re: Name:Justin J.McGarrity DUB: 11/04/1984 SSN:UNKNOWN AKA:Justin James McCarrity Complete billing records from th--first date of treatment to the present, including but not limited to any records/documents that may be stored digitally and/or electronically: charges,explanation of benefits,payments, adjustments,write-offs,balances due,and itemized billing charges pertaining to any and all care,treatment, and/or examinations. All billing emails between physicians and the patient,including secure messages. W.O.#26!#517-002 124709 Page 2 of 2 P,.+N_ise_� Commonwealth of Pennsylvania County of Cumberland Justin J.McGarrity, Court of Common Pleas Plaintiff(s), CIVIL ACTION V. Case Number: 124709 Viswanathan Subha Iyer,M.D.,et al., Defendant(s). Return of Service On the 7 '' _day of O f/ , Yr.15, , 1, served with the foregoing subpoena by (describe the method of service): Personally delivering a copy to: Certified mail to: Person served (Warne): rBuronx st ian of Records Address where served: El VA Medical Center/Billing Department 130 W. Kingsbridge Rd. Bronx,NY 10468 1 verify that the statements in this return of service are true and correct.I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Illa?71IJ Da'd Signature Name of Witness Name of Person Served 10-200(Rev.7/99)(Reverse) W.O.#268517.002 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Justin J. McGarrity, Court of Common Pleas Plaintiff(s), CIVIL ACTION Case Number: 124709 Viswanathan Subha Iyer, M.D.,ct al., Defendant(s). SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:Custodian Of Records;Bronx VA Medical Center/Radiology Department, 130 W. Kingsbridge Rd., Bronx,NY 10468 Re: Justin J. McGarrity DOB: 11/04/1984 SSN:UNKNOWN AKA: Justin James McGarrity Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: X-Rays/MRIs/CT scans; See "Attachment A." at Second Image National, 1805 Monument Ave., Ste. 208,Richmond, VA 23220,Fax: (800)611-4555 You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of compliance,to the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Michael M.Badowski, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill,PA 17011 - Phone: (7l 7)760-7510 Fax: (717)975-8 I`24��.,�j.��1!j Q;���,• SUPREME COURT,ID•j.TQ,. 32646 Attorne3 lR $ lycr, M.D. r'�,- • < <1 •:r<. � 4 :7 • � : .}; ! Y THE COU Date: 1t. ✓'.� .j.,: 1 r L Pro lonotary/Clerk,Civil Division r Seal of the Couri'A� t� �`��� �)?IilrIk!�"ttt�� W.O.P 268517-003 12-4709 Page I of 2 Attachment A Re:Name:Justin J.McGarrity DUB: 11/04/1984 SSN: UNKNOWN AKA:Justin James McGarrity Complete radiological images of any sort from the first date of treatment to the present,including but not limited to any items that may be stored digitally and/or electronically:x-rays, MRI's,CT's,myelograms,tomograms, MRA's,PET scans,CAT scans, fluoroscopy,documents including sign-out sheets or communications which demonstrate that any items were checked out from or removed from your facility,radiology reports,x-ray reports, MR[reports,CT reports,myclogram reports,and any other radiology reports. All approved radiological images must be produced on film or on a DICQM compliant CD only. Prior to duplication,please provide a breakdown of all radiology images in your possession,custody,or control.All emails between physicians and the patient regarding physical complaints,symptoms,and treatment,including secure messages. WA 168517-003 12-4709 Page 2 of 2 Commonwealth of Pennsylvania County of Cumberland Justin J. McGarrity, Court of Common Pleas Plaintiff(s), CIVIL ACTION V. Case Number: 124709 Viswanathan Subha Iyer,M.D.,et al., Defendant(s). Return of Se vice On the f� day of el , Yr. Q� 1 .10 ��. served with the foregoing subpoena by (describe the method of service): Personally delivering a copy to: F9 Certified mail to: Person served (name): C tbdian of Records Address where served: Bronx VA Medical Center/Radiology Department 130 W. Kingsbridge Rd. Bronx,NY 10468 1 verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. 96te Signature Name of Witness Name of Person Served 10-200(Rev.7/99)(Reverse) W.O.#268517-003 °'-+0'-14°-1 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Justin J.McGarrity, Court of Common Pleas Plaintiff(s), CIVIL ACTION Case Number: 124709 Viswanathan Subha ]yet, M.D.,et al., Defendant(s). SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian Of Records; Pinnacle Health,2310 Patton Rd.,Harrisburg,PA 17112 Re: Justin J. McGarrity DOB: 11/04/1984 SSN:UNKNOWN AKA:Justin James McGarrity Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: Billing Records;Medical Records;X-Rays/MRls/CT scans; See"Attachment A." at Second Image National,1805 Monument Ave.,Ste.208,Richmond,VA 23220,Fax: (800)6114555 You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of compliance,to the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you rail to produce the documents or things required by this subpoena within twenty(20)days after its scrvicc, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Michael M.Badowski,Esquire Margolis Edelstein 3510 Trindle Road Camp Hill,PA 17011 - - Phone:(7 t 7) 760-7510 Fax: (717)975-8124 %t`�.�jf, SUPREME COURT1113-.NO.: 32646 .� �. t r.i A Ito •»cO.Jor Ctfe��cf�xfis1,�•...' ';en��i� TIT Y THE COURT: �- Date: ••1'��� rot onotary/Clerk,Civit Division_ Scal of the Cb ni,; W.O.N 268517-004 12-4709 Page I of 2 Attachment A Re: Name: Justin J.McGarrity DOB: 11/04/1984 SSN: UNKNOWN AKA:Justin James McGarrity Complete medical records, billing records,and radiology images from the first date of treatment to the present, including but not limited to any records/documents that may be stored digitally and/or electronically: documents, medical reports,doctor's entries,nurse's notes,progress reports,cardiology reports,radiology reports,x-ray reports,MR[reports, lab reports,pathology reports,monitor strips,physical therapy records,case history, emergency records, diagnosis,prognosis, condition,admit and discharge records,charges,explanation of benefits,payments, adjustments,write-offs,balances due, itemized billing charges,X-rays, MRI's,CT's, myelograms,tomograms,MRA's, PET scans, CAT scans, fluoroscopy,documents including sign-out sheets or communications which demonstrate that any items were checked out from or removed from your facility, radiology reports, x-ray reports,MR-1 reports, CT reports,myelogram reports,cardiology reports,and any other radiology reports. All approved radiology images must be produced on film or on a DTCOM compliant CD only. Prior to duplication,please provide a breakdown of all radiology images in your possession,custody,or control. All emails between physicians and the patient regarding physical complaints, symptoms, and treatment,including secure messages. To include any and all records.from Don DeAnlit[,M.D. W.O.#X268517-004 12-4709 Page 2 of 2 Commonwealth of Pennsylvania County of Cumberland Justin J. McGarrity, Court of Common Pleas Plaintiff(s), CIVIL ACTION V. Case Number: 12-4709 Viswanathan Subha lyer,M.D.,et al., Defendant(s). //Return of S vice On the /-IL— day of 1, __ served with the foregoing subpoena by (describe the method of service): El�Perso lly'deli vering a copy to: d mail to: Person served (name): Custodian of Records Address where served: M.- innacle Health 2310 Patton Rd. Harrisburg,PA 17112 1 verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ao D to Signature Name of Witness Name of Person Served 10-200(Rev.7/99)(Reverse) W.O.#268517-004 Commonwealth of Pennsylvania V County of Cumberland Justin J. McGarrity, Court of Common Pleas Plaintiff(s), CIVIL ACTION V. Case Number: 12-4709 caw CD Viswanathan Sublia 1yer,M.D.,et al., r C., -- C- --a ,) C Defendant(s). ) Return of Service d6111' On the day of Yr. /y/Ke Ile- served with the foregoing subpoena by (describe the method of service): F-1 Personally delivering a copy to: Certified mail to: Person served (name): s todian of Records Address where served: ❑ F-�KHoly Spirit Hospital/Medical Records Department 503 N. 21st St. Camp Hill,PA 17011 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsification to authorities. Dc(te Signature Name of Witness Name of Person Served 10-200(Rev.7/99)(Reverse) W.O.#275185-001 pa ms 140 1 s' Commonwealth of Pennsylvania County of Cumberland Justin J.McGarrity, Court of Common Pleas Plaintiff(s), CIVIL ACTION V. Case Number: 12-4709 ' Viswanathan Subha Iyer,M.D.,et al., r" Defendant(s). �, ; Return of Service On tthe f 7--7 day of �,Yr.�/J/3 /72 served with the foregoing subpoena by (describe the method of service): Personally delivering a copy to: Certified mail to: Person served (name): Custodian of Records Address where served: YHoly Spirit Hospital/Billing Department 503 N. 21st St. Camp Hill,PA 17011 I verify that the statements in this return of service are true and correct.I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. L�. Date Signature Name of Witness Name of Person Served 10-200(Rev.7/99)(Reverse) W.O.#275185-002 pa_ros_140_1 Commonwealth of Pennsylvania County of Cumberland Justin J. McGarrity, Court of Common Pleas Plaintiff(s), CIVIL ACTION V. Case Number: 12-4709 ='"• Ste, rs,r' Viswanathan Subha Iyer,M.D., et al., Defendant (s). Y Cp r" Return of Service , :., On the day of ,Yr. 'l`i 3, I, y�Y IfZ ,served with the foregoing subpoena by (describe the method of service): Personally delivering a copy to: Certified mail to: Person served (name): Custodian of Records Address where served: F] rE-�Holypirit Hospital/Radiology Department 503 N. 21st St. Camp Hill,PA 17011 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. r� IZ3 D to Signature t- Name of Witness Name of Person Served 10-200(Rev.7/99)(Reverse) W.O.#275185-003 pa ms-'°o-i Commonwealth of Pennsylvania County of Cumberland Justin J.McGarrity, Court of Common Pleas Plaintiff(s), CIVIL ACTION V. Case Number: 12-4709 7.7. E-rgCO Viswanathan Subha Iyer,M.D.,et al., �M /J Defendant(s). =l Return of Service On the /�J day of ,Yr.a�/-5, 1, //� ���J'`� ,served with the foregoing subpoena by (describe the method of service): Pers ally delivering a copy to: Certified mail to: Person served (name): C sfodian of Records Address where served: ✓ Holy Spirit Hospital/Pathology Department 503 N. 21st St. Camp Hill,PA 17011 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. D to Signature Name of Witness Name of Person Served 10-200(Rev.7/99)(Reverse) W.O.#275185-004 pa_ms_140_1 7 Commonwealth of Pennsylvania County of Cumberland Justin J. McGarrity, Court of Common Pleas Plaintiff(s), CIVIL ACTION Case Number: 12-4709 r"M ��' 7-1 v. x:M °- UJ Viswanathan Subha Iyer,M.D.,et al., > CD Defendant(s). Return of Service F' On the f -3 tL day of ► / ,Yr.OQ , I,TL° yn��'�" ,served with the foregoing subpoena by (describe the method of service): Personally delivering a copy to: Certified mail to: Person served (name): Custodian of Records Address where served: Penn State Hershey Rehabilitation Hospital 1135 Old W. Chocolate Ave. Hummelstown,PA 17036 I verify that the statements in this return of service are true and correct.I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. ate Signature Name of Witness Name of Person Served 10-200(Rev.7/99)(Reverse) W.O.#275185-005 pa_ma_140_1 Mc\JA Commonwealth of Pennsylvania County of Cumberland Justin J. McGarrity, Court of Common Pleas Plaintiff(s), CIVIL ACTION V. Case Number: 12-4709 Viswanathan Subha Iyer,M.D.,et al., _ n Defendant(s). - -- � Return of Service = =- Ak On the day of I, Y° 1 �y�G 4`�— , served with the for going subpoena by (describe the method of service): Personally"delivering a copy to: Certified mail to: Person served (name): Custodian of Records Address where served: PinnacleHealth Family Care West Hanover 8012 Bretz Dr. Harrisburg,PA 17112 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. D e Signature Name of Witness Name of Person Served 10-200(Rev.7/99)(Reverse) W.O.#275185-006 pa_ros_140_1 i COMMONWEALTH OF PENNSYLVANIA,.COUNTY OF CUMBERLAND Justin J.McOarri tY: Court of.Common.Pleas. Plaintiffs) CIVILACTION V. Case Number: 12.4709 r Z-L�D Viswanathan Subha Iyer,M.D.,'et al., ? Defendants . NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULEA009:21. Michael M.Badowski Esquire,attamey for'the Defendant(s);intends to serge a subpoena identical to the one that is attached to this notice. To: Custodian.Of Records,Holy Spirit Hospital/Billing Department,503 N.21st St;,Camp Hill,PA 17011 Custodian Of Records,Holy Spirit Hospital/Medical Records Department,:503 K.lst:St„Camp Hill,PA 17011 Custodian Of Records,Holy Spirit Hospltal/Pathology Department,5,03 N.21st St.,Camp Hill,PA 17011 Custodian Of Records,Holy Spirit Hospital/Radiology Department,503 N.21st St,,Camp Hill,PA 17011 Custodian Of Records,Penn State Hershey Rehabilitation Hospita1,1135 Old W.Chocolate Ave., )Hummelstown,PA:17036 Custodian Of Records,:PinnacleHealth.Family:Care West Hanover,8012 Bretz Dr.,Harrisburg,PA 17112 You have twenty (20):days from the date listed.below:in which to le of record and se 'upon the undersigned an objection to the subpoena., if no objection w tude,Le7b a may be served. Date: 12/23/2013 .M.Sadowski;Esquire Margolis Edelstein 3510 Trindle Road Camp Hill,PA 17011. Phone:(717)760-7510 Fax:(717)975-8124 SUPREME COURT ID NO-4.32646 Attorney for Defendant(s), 1yer,AD, &.1%#275185 12-4709 �u•.�z Page 1 of 2 CERTIFICATE OF SERVICE IMEREBY:CERTIFY that a copy of the foregoin&Notice ofIntent to Serve Subpoena to Produce Documents and Things for Discovery Pursuant io Rule 4009.21 was delivered to: -Neil J.Rovner,Esquire X First Class Mail Angino& Fax .4503 W,Front St. Certified Mail Harrisburg,PA 17110 —Overnight Express� Attorneyfor Plaintiff(s) Personal Service Evan glack;P-sq First Class Mail Thomas,Thomas Hafer,LLP Fax 305 N.Front St Certified Mail Harrisburg,PA 17.101 .Overnight:Express Attorney for Defendant(s) Personal Service Select Specialty Hospital Mae.: 12123/2013 Bail squire; :Margolis Edelstein. 3510 TrindId Road Camp Hill,PA 170:11 Phone::(717)760-7510� Fax-(717):075-8124 SUPREME COURT ID NO.-32646 Attorney for Defendant(s),. I*f M.D. wio.-#275185 12-4709 PkAW-UM Page 2,of:2 i COMMONWEALTH OF PENNSYLVANIA,COUNTY OF CUMBERLAND i Justin I McGanity; Plantiff(s), Court of Common Pleas vs. CIVIL ACTION Viswanathan Subha Iyer,M.D.,et al., Case No: 124709: j Defendant(s). CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Ruie 400.22. Michael M.Badowsla,hsquire,attorney for the.Deferidant(s);certifies that: (1)a notice of intent to:serve the.subpoena with a copy of the subpoena attached thereto was mailed or delivered to each pairty:406ast twenty clays pnor to the date on which the subpoena is sought to be served; (2)a copy of the notice of intent;including the proposed subpoena,is attached to this certificate; (3)no objection to the subpoena has been received,.and;: (4)the subpoena whichwill.beserved.isidentica l,to.the.subpoena.which' ,att ,'bed:to the na ceo.Ontentto serve the subpoena. Date: 1/1120I3 r Michael M.B. owslti, quire L Margolis Edelstein 3510 Trindle Road Camp Hill,.PA 17011 Phone: (7 1.7)760-751.0 Fax:.(717)975-8124 SUPREME COURT ID NO.:32646 Anorneyfor De,fendant(&), 1yer,,Iy A W.p...#275185 Pagel of 1 FLOP6. COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Justin J.McGarrity, Court of Common Pleas Plaintiff(s), CIVIL ACTION v. Case Number: 124709 Viswanathan Subha Iyer,M.D.,et al., Defendant(s). SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian Of Records,Holy Spirit Hospital/Medical Records Department,503 N. 21 st St.,Camp Hill,PA 17011 Re: Justin J.McGarrity DOB: 11/04/1984 SSN:UNKNOWN AKA:Justin James McGarrity Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: Pharmacy Records;Medical Records; Mental Health Records;Dental Records;Pathology Reports; See"Attachment A." at Second Image National, 1805 Monument Ave.,Ste.208,Richmond,VA 23220,Fax: (800)6114555 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance,to the address listed above.You have the right to seek in advance the reasonable cost of preparing the topics or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Michael M. Badowski, Fsquirc_, Margolis Edelstein 3510 Trindle Road Camp Hill,PA 17011 Phone: (717)760-7510 Fax: (717)975-X124 SUPREME COURT ID NO.:,32646 [tcor•!�,.or•Defe►:da,:t(s).l?�flit, '��/ y + + a/�� � BY THE COURT: Date: G✓ loo ,�� ��Gt ,4±13 u: " ��1� �. &,L.e ll Prothonotary/Clerk,Civil Division Scal of the Court,.,'• .sip:ttil r�, `�-•� G>!Grra- RL !ffliall+. W.O.#275185-OUI 12-4709 Page 1 of 2 Attachment A Re: Name: Justin J. McGarrity DOB: 11/04/1984 SSN: UNKNOWN AKA: Justin James McGarrity Complete medical records from first date of treatment to the present,including but not limited to any records/documents that may be stored digitally and/or electronically: documents,medical reports,doctor's entries,nurse's notes,progress reports,cardiology reports,radiology reports,x-ray reports,MRI reports,CT reports,myelogram reports, lab reports,pathology reports,monitor strips,physical therapy records,case history, emergency records, diagnosis,prognosis, condition, and admit and discharge records.All emails between physicians and the patient regarding physical complaints, symptoms,and treatment,including secure messages. Complete pharmacy records from the first date to the present, including but not limited to any records/documents that may be stored digitally and/or electronically: pharmacy records,prescriptions pertaining to the issuance and sale of prescription drugs, original doctors'prescription forms, and any other pharmacy, and medical records.All emails between physicians and the patient regarding physical complaints, symptoms, and treatment,including secure messages. Complete psychiatric and mental health records from the first date of treatment to the present, including but not limited to any records/documents that may be stored digitally and/or electronically: medical records pertaining to any and all care,treatment,and/or examinations,all psychiatric,drug and/or alcohol treatment, counseling, and rehabilitation records,notes,records, and reports of psychotherapy diagnosis, evaluation, and treatment,and any other records relating to mental health. All emails between physicians and the patient regarding physical or mental complaints, symptoms, and treatment, including secure messages. Complete dental records from first date of treatment to the present,including but not limited to any records/documents that may be stored digitally and/or electronically: dental records/reports,radiology reports, notes, correspondence,prescription slips, telephone messages, diagnostic reports, and itemized statements of the billing charges. All emails between physicians and the patient regarding physical complaints, symptoms, and treatment, including secure messages. W.O.#275185-001 12-4709 Page 2 of 2 .WtISSI a COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Justin J. McGarrity, Court of Comtnon Pleas Plaintiff(s), CIVIL.ACTION Case Number: 124709 Viswanathan Subha lyer,M.D.,et al., Defendant(s). SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian Of Records, Holy Spirit Hospital/Billing Department, 503 N. 21st St.,Camp Hill, PA 17011 Re: Justin J. McGarrity DOB: 11/04/1984 SSN:UNKNOWN AKA: Justin James McGarrity Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: Billing Records; Insurance Records;See "Attachment A." at Second Image National, 1805 Monument Ave,,Ste.208,Richmond,VA 23220,Fax: (800)6114555 You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of compliance,to the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Michael M. Badowski, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Phone: (717) 760-1510 Fax:(717)975-8124 SUPREME COURT ID NO.: 32646 Altorney for Uefendunt(r), Iyer;M.U. ,��,;►s4 T)tf:►,, U ti1l;f f BY THE COURT: Date: Prothonotary/Clerk,Civil Divisio -� r Seal of tl;c Court�'r'��f • 4 W.O.#275195-002 12-4709 Page I of 2 Attachment A Re: Name: Justin J.McGarrity DOB: 11/04/1984 SSN: UNKNOWN AKA: Justin James McGarrity Complete billing records from the first date of treatment to the present, including but not limited to any records/documents that may be stored digitally and/or electronically: charges, explanation of benefits,payments, adjustments,write-offs,balances due, and itemized billing charges pertaining to any and all care, treatment, and/or examinations. All billing emails between physicians and the patient,including secure messages. W.O.#275185-002 12-4709 Page 2 of 2 w cdt 188 1 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Justin J.McGarrity, Court of Common Pleas Plaintiff(s), CIVIL ACTION v. Case Number: 12-4709 Viswanathan Subha lyer,M.D.,et al., Defendant(s). SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian Of Records,Holy Spirit Hospital/Radiology Department,503 N.2l st St.,Camp Hill,PA 17011 Re: Justin J.McGarrity DOB: 11/04/1984 SSN:UNKNOWN AKA: Justin James McGarrity Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: X-Rays/MRIs/CT scans; See "Attachment A." at Second Image National, 1805 Monument Ave.,Ste.208,Richmond,VA 23220,Fax: (800)6114555 You may deliver or mail legible copies oi'the documents or pruduce things requested by this subpoena, together with the certificate of compliance,to the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Michael M. Badowski,Esquire Margolis Edelstein 35 l0 Trindle Road Camp Hill, PA 17011 Phone:(717)760-7510 Fax: (717)975-8124 SUPREME COURT ID NO.: 32646 Rltorney fok Defendiort(s),r;, Iyer,M.0 ti 3Q `� !.` BY THE COURT: Date: .�G .�;0 'c}�C�L'3 ,�Ot..IJ) LLe- '^z Prothonotary/Clerk,Civil Division Seal of fhefCoisr•t(•Ot,'; }, 111't1t!r1111\ W.O.#275185-003 12-4709 Pap t of 2 Attachment A Re: Name: Justin J. McGarrity DOB: 11/04/1984 SSN: UNKNOWN AKA: Justin James McGarrity Complete radiological images of any sort from the first date of treatment to the present,including but not limited to any items that may be stored digitally and/or electronically:x-rays,MRI's, CT's,myelograms,tomograms, MRA's,PET scans,CAT scans, fluoroscopy;documents including sign-out sheets or communications which demonstrate that any items were checked out from or removed from your facility,radiology reports,x-ray reports, MRI reports, CT reports,myelogram reports,and any other radiology reports.All approved radiological images must be produced on film or on a DICOM compliant CD only. Prior to duplication,please provide a breakdown of all radiology images in your possession, custody,or control. All emails between physicians and the patient regarding physical complaints, symptoms, and treatment,including secure messages. W.O.#275185-003 12-4709 Page 2 of 2 na uU INS I COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Justin J. McGarrity, Court of Common Pleas Plaintiff(s), CIVIL ACTION r. Case Number: 12-4709 Viswanathan Subha Iyer, M.D.,et al., Defendant(s). SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian Of Records,Holy Spirit Hospital/Pathology Department,503 N. 21 st St.,Camp Hill,PA 17011 Re: Justin J. McGarrity DOB: 11/04/1984 SSN:UNKNOWN AKA: Justin James McGan-ity Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: Pathology Slides; See"Attachment A." at Second Image National, 1805 Monument Ave.,Ste.208,Richmond,VA 23220,Fax: (800)6114555 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance,to the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service, the party sewing this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Michael M. Badowski, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill,PA 17011 Phone: (717)760-7510 Fax: (717)975-8124 SUPREME COURT ID NO.: 32646 Attorney for Uejetrdanl(s), lyer,M.U. + � X'�� tC691410/,j�'�i� BY THE COURT: ...t, . •'�02� 1 PGL../ c r"�-l l Date: Prothonotary/Clerk,Civil Division A. ,. Q7:�\`'�;�1\\•I.-;.l ice:: _ Seal o t'.-! G.ti; '�y*;: 1 tip• •`��,r••y.. :.: � ( r•'f \� W.O.N 275185-004 124709 Page l of 2 Attachment A Re: Name: Justin J.McGarrity DOB: 11/04/1984 SSN: UNKNOWN AKA: Justin James McGarrity Complete pathology records and slides from first date of treatment to the present, including but not limited to any records/documents that may be stored digitally and/or electronically:pathology records, documents,reports, communications which demonstrate that any items were checked out from or removed from your facility, and slides. Prior to duplication,please provide a breakdown of all pathology slides in your possession, custody, or control.All emails between physicians and the patient regarding physical complaints, symptoms,and treatment, including secure messages. W.O.#275185-004 12-4709 Page 2 of 2 nu car 188 1 ,t COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Justin J.McGarrity, Court of Common Pleas Plaintiff(s), CIVIL ACTION 1. Case Number: 12-4709 Viswanathan Subha Iyer,M.D.,et al., Defendant(s). SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian Of Records,Penn State Hershey Rehabilitation Hospital, 1135 Old W. Chocolate Ave., Hummelstown, PA 17036 Re: Justin J. McGarrity DOB: 11/04/1984 SSN: UNKNOWN AKA: Justin James McGarrity Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: Billing Records; Insurance Records;Pharmacy Records;Medical Records; Mental Health Records; X-Rays/MR.Is/ CT scans; Pathology Slides;Pathology Reports; See"Attachment A." at Second Image National,1805 Monument Ave.,Ste. 208,Richmond,VA 23220,Fax: (800)6114555 You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of compliance,to the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. - THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Michael M. Badowski,Esquire _Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Phone: (717) 760-7510 Fax: (717) 975-8124 SUPREME COURT,ID'NO.: 32646 Anor•ne),for'De enddrit(s);!f�`�i� [yet, M.D. �`� . ` •��;T a,Qf��'.?' BY THE COURT: f Date: o ff'` �:' ' �► � D./ �a..)1 c{ L Prothonotary/Clerk,Civil Seal of�he.Court-*r '�1 `� � .�; C:''� . ., W.O.N 275185-005 12-4709 Page I of 2 Attachment A Re: Name: Justin J.McGarrity DOB: 11/04/1984 SSN: UNKNOWN AKA: Justin James McGarrity Complete medical records,billing records,pathology records,pathology slides and radiology images from the first date of treatment to the present,including but not limited to any records/documents that may be stored digitally and/or electronically:pathology records,pathology reports,documents,medical reports, doctor's entries, nurse's notes,progress reports,cardiology reports,radiology reports, x-ray reports,MRI reports, lab reports, pathology reports,monitor strips,physical therapy records, case history, emergency records,diagnosis, prognosis, condition, admit and discharge records, charges, explanation of benefits,payments,adjustments, write-offs,balances due,itemized billing charges,X-rays,MRI's, CT's,myelograms, tomograms,MBA's,PET scans,CAT scans,fluoroscopy, documents including sign-out sheets or communications which demonstrate that any items were checked out from or removed from your facility, slides,radiology reports,x-ray reports,MRI reports,CT reports, myelogram reports,cardiology reports,and any other radiology reports.All approved radiology images must be produced on film or on a DICOM compliant CD only.Prior to duplication,please provide a breakdown of all radiology images in your possession, custody,or control. All emails between physicians and the patient regarding physical complaints, symptoms,and treatment, including secure messages. Complete pharmacy records from the first date to the present, including but not limited to any records/documents that may be stored digitally and/or electronically: pharmacy records,prescriptions pertaining to the issuance and sale of prescription drugs, original doctors'prescription forms, and any other pharmacy, and medical records.All emails between physicians and the patient regarding physical complaints, symptoms, and treatment,including secure messages. Complete psychiatric and mental health records from the first date of treatment to the present,including but not limited to any records/documents that may be stored digitally and/or electronically: medical records pertaining to any and all care, treatment,and/or examinations, all psychiatric,drug and/or alcohol treatment, counseling, and rehabilitation records,notes,records, and reports of psychotherapy diagnosis,evaluation,and treatment,and any other records relating to mental health.All emails between physicians and the patient regarding physical or mental complaints, symptoms, and treatment,including secure messages. W.O.#275185-005 12-4709 Page 2 of 2 m�dt 188 1 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF CUMBERLAND Justin J.McGarrity, Court of Common Pleas Plaintiff(s), CIVIL ACTION V. Case Number: 124709 Viswanathan Subha Iver,M.D.,ct al., Defendant(s). _SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian Of Records,PinnaeleHealth Family Care West Hanover, 8012 Bretz Dr.,Harrisburg, PA 17112 Re: Justin J. McGarrity DOB: 11/04/1984 SSN:UNKNOWN AKA: Justin James McGarrity Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the following documents or things: Billing Records; Insurance Records;Pharmacy Records;Medical Records;Mental Health Records;X-Rays/MRIs/ CT scans; Pathology Slides; Pathology Reports; See "Attachment A." at Second Image National, 1805 Monument Ave.,Ste.208,Richmond,VA 23220,Fax: (800)6114555 You may deliver or mail legible copies of the documents or produce things requested by this subpoena,together with the certificate of compliance,to the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty(20)days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Michael M. Badowski,Esquire Marg6lis Edelstein 3510 Trindle Road Camp Hill,PA 17011 Phone: (717)760-7510 Fax: (717)975-8124 SUPREME COURT,117I,10'.;;32646 Attorney for Uefenda ffs);', 0? ��� Iyer, M.D. .t;*� '•. �� y .3 :4 -fi�••��c. BY THE COURT: X Date: _~cal`c�` •� �}f.:X.�'�,�?G'� 4_'13 ,�a-v!� � �el/ '• �;:�r�J ;�;i'T? Prothonotary/Clerk,Civil Division Seal of the'Coui t. :r,N, W.O.#275185-006 12-4709 Page I of 2 w_c,n_iea F Attachment A Re: Name: Justin J.McGarrity DOB: 11/04/1984 SSN: UNKNOWN AKA: Justin James McGarrity Complete medical records,billing records,pathology records,pathology slides and radiology images from the first date of treatment to the present, including but not limited to any records/documents that may be stored digitally and/or electronically: pathology records,pathology reports, documents,medical reports, doctor's entries, nurse's notes,progress reports, cardiology reports,radiology reports, x-ray reports, MRI reports, lab reports, pathology reports,monitor strips,physical therapy records,case history, emergency records, diagnosis, prognosis, condition, admit and discharge records, charges,explanation of benefits,payments,adjustments, write-offs,balances due,itemized billing charges,X-rays,MRI's,CT's,myelograms, tomograms,MRA's,PET scans, CAT scans,fluoroscopy, documents including sign-out sheets or communications which demonstrate that any items were checked out from or removed from your facility, slides,radiology reports,x-ray reports,MRI reports, CT reports,myelogram reports,cardiology reports,and any other radiology reports.All approved radiology images must be produced on film or on a DICOM compliant CD only.Prior to duplication,please provide a breakdown of all radiology images in your possession, custody, or control. All emails between. physicians and the patient regarding physical complaints, symptoms,and treatment, including secure messages. Complete pharmacy records from the first date to the present, including but not limited to any records/documents that may be stored digitally and/or electronically:pharmacy records,prescriptions pertaining to the issuance and sale of prescription drugs, original doctors'prescription forms, and any other pharmacy, and medical records.All emails between physicians and the patient regarding physical complaints, symptoms, and treatment,including secure messages. Complete psychiatric and mental health records from the first date of treatment to the present,including but not limited to any records/documents that may be stored digitally and/or electronically: medical records pertaining to any and all care, treatment, and/or examinations,all psychiatric,drug and/or alcohol treatment, counseling, and rehabilitation records,notes,records, and reports of psychotherapy diagnosis, evaluation, and treatment, and any other records relating to mental health. All emails between physicians and the patient regarding physical or mental complaints,symptoms, and treatment,including secure messages. W.O.#275185-006 12-4709 Page 2 of 2 Pa.at Ise I Navitsky, Olson & Wisneski, LLP Neil J. Rovner, Esquire Attorney ID# : 22108 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (717) 541-9205 FAX (717) 541 -9206 E -mail: nrovner @nowllp.com HE Fb:OTf{.O (DTA ;i ; 20k tin -5 Mil: 07 CU MBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff JUSTIN J. MCGARRITY, Plaintiff v. VISWANATHAN SUBHA IYER, M.D.; SELECT SPECIALTY HOSPITAL — CENTRAL PENNSYLVANIA, L.P., A GENERAL PARTNERSHIP OF SELECT SPECIALTY HOSPITALS, INC.; and ASSOCIATES IN KIDNEY DISEASES, HYPERTENSION AND INTENSIVE CARE MEDICINE, LLC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 12 -4709 CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Neil J. Rovner, for the firm of Angino & Rovner, P.C., on behalf of Plaintiffs Steven McCutcheon and Michele McCutcheon, in the above action. Notice by copy hereof is given to all counsel of record. Date: ()`S1 O , 2014 NAVITSKY, OLSO & W SKI, LLP By: Ne J. ' • v r, squire Attorney 1I #: 2108 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (717) 541 -9205 nrovner @nowllp.com Counsel for Plaintiffs CERTIFICATE OF SERVICE I, Katelyn M. Heiman, an employee of the law firm of Navitsky, Olson & Wisneski, LLP, do hereby certify that I am this day serving a true and correct copy of the foregoing upon all counsel of record via postage prepaid first class United States mail addressed as follows: Evan Black, Esquire Daniel L. Grill, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Counsel for Defendant Select Specialty Hospital Michael M. Badowski, Esquire Colleen A. Shutts, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Counsel for Defendants Viswanathan S. Iyer, M.D. and Associates in Kidney Diseases, Hypertension & Intensive Care Medicine, LLC. Dated: O10(-1 (auLk Ka elyn M He an, Paralegal Navitsky, Olson & Wisneski, LLP Neil J. Rovner, Esquire Attorney EN : 22108 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (717) 541-9205 FAX (717) 541-9206 E-mail: nrovner@nowl1p.com ;LED-OFFIC:z. Lir THE PRO THOU° TA Ildin -5 AM 07 CUMBERLAND COUNTY PENNSYLVANIA. Attorney for Plaintiff JUSTIN J. MCGARRITY, Plaintiff V. VISWANATHAN SUBHA IYER, M.D.; SELECT SPECIALTY HOSPITAL — CENTRAL PENNSYLVANIA, L.P., A GENERAL PARTNERSHIP OF SELECT SPECIALTY HOSPITALS, INC.; and ASSOCIATES IN KIDNEY DISEASES, HYPERTENSION AND INTENSIVE CARE MEDICINE, LLC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 12-4709 CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Neil J. Rovner, Esquire of Navitsky, Olson & Wisneski, LLP on behalf of Plaintiff Justin J. McGarrity, in the above action. Please serve all papers at 2040 Linglestown Road, Suite 303, Harrisburg, PA 17110. Notice by copy hereof is given to all counsel of record. Date: 4904 NAVITSKY, OL ISNESKI, LLP By: Neil J ',ov r, squire Attom y ID#: 22108 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (717) 541-9205 nrovner@nowllp.com Counsel for Plaintiff CERTIFICATE OF SERVICE I, Katelyn M. Heiman , an employee of the law firm of Navitsky, Olson & Wisneski, LLP, do hereby certify that I am this day serving a true and correct copy of the foregoing upon all counsel of record via postage prepaid first class United States mail addressed as follows: Evan Black, Esquire Daniel L. Grill, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Counsel for Defendant Select Specialty Hospital Michael M. Badowski, Esquire Colleen A. Shutts, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Counsel for Defendants Viswanathan S. Iyer, M.D. and Associates in Kidney Diseases, Hypertension & Intensive Care Medicine, LLC. Dated: 03k4/90i 4 fir klineo&J Ka lyn M. Heiman, Paralegal Navitsky, Olson & Wisneski, LLP Neil J. Rovner, Esquire Attorney ID# : 22108 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (717) 541-9205 FAX (717) 541-9206 E-mail: nrovner@nowl1p.com LOFiCI HE PROTH ON TA R 21111dlitf? 13 AM II: 30 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff JUSTIN J. MCGARRITY, Plaintiff v. VISWANATHAN SUBHA IYER, M.D.; SELECT SPECIALTY HOSPITAL — CENTRAL PENNSYLVANIA, L.P., A GENERAL PARTNERSHIP OF SELECT SPECIALTY HOSPITALS, INC.; and ASSOCIATES IN KIDNEY DISEASES, HYPERTENSION AND INTENSIVE CARE MEDICINE, LLC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 12-4709 CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED JOINT CASE MANAGEMENT PLAN 1. All parties have been scheduled for a status conference before Honorable Judge M.L. Ebert, Jr. on Friday, March 7, 2014 at 10:30 a.m.; 2. The Complaint in this matter was filed on July 27, 2012 and served on Defendant Select Specialty Hospital — Central Pennsylvania, L.P., a General Partnership of Select Specialty Hospitals, Inc. on August 3, 2012 and on Defendants Associates in Kidney Diseases, Hypertension and Intensive Care Medicine, LLC and Viswanathan Subha Iyer, M.D. on August 15, 2012. 3. Discovery has been exchanged and completed by all parties in this matter. 4. •The deposition of Defendant Dr. Viswanathan Iyer and Nurse Julia Smith have been completed as have the depositions of Plaintiff Justin Mc Garrity, his father, John Mc Garrity and mother, Mary Ellen Mc Garrity. Plaintiff still intends to take the deposition of several other nurses employed with Defendant Select Specialty Hospital. 5. All parties have agreed to the scheduled status conference on March 7, 2014, in order to have deadlines and a trial date assigned to this matter: 6. Deadlines in this matter have been discussed between the parties and counsel for the Plaintiff and Defendants have agreed to the following trial deadlines: 7. Discovery in this matter shall be completed on August 1, 2014; 8. Plaintiff's expert reports shall be due on or before October 3, 2014; 9. Defendants' expert reports shall be due on or before November 28, 2014; 10. Plaintiff's expert rebuttal reports shall be due on or before December 12, 2014; 11. Defendants' expert rebuttal reports shall be due on or before December 26, 2014; 12. Any dispositive motions shall be filed on or before January 30, 2015; 13. The 2015 Court calendar is not available at this time, therefore, this case will be listed for trial by way of Certificate of Readiness, by either party, for a trial term agreed to by all parties. WHEREFORE, counsel for the Plaintiff and Defendants request this Honorable Court to approve this Joint Case Management Plan and enter an Order reflecting the proposed trial deadlines set forth above. Dated: 3° I2 --ap1y Dated: ktych Respectfully, NAVITSK QL ; IN :J' ISNESKI, LLP Neil J. Rov , er Cam/ quire Attorney ,A #: 22108 2040 Lin estown Road, Suite 303 Harrisburg, PA 17110 (717) 541 -9205 nrovner @nowllp.com Counsel for Plaintiffs IC a- / :ads ' ski, Esquire Attorney ID #: 32646 Colleen A. Shutt, Esquire Attorney ID #: 311219 3510 Trindle Road Camp Hill, PA 17011 (717) 975 -8114 mbadowski@margolisedelstein.com cshutts @margolisedelstein.com Counsel for Defendant Viswanathan S. Iyer, M.D. and Associates in Kidney Disease, Hypertension & Intensive Care Medicine, LLC. THOMAS, OMAS : HAFER, LLP. Eva • :` ', Esquire Attorney ID #: 17884 Daniel L. Grill, Esquire Attorney ID #: 65339 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441 -7051 Attorneys for Defendant Select Specialty Hospital Navitsky, Olson & Wisneski, L Neil J. Rovner, Esquire Attorney ID# : 22108 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (717) 541-9205 FAX (717) 541 -9206 E -mail: nrovner @nowllp.com 't t 1 I � ; d :) —' i'( TA ! 25ftlf� R 17 PH 3: 21. pU'MBERLA D COUNTY PENNSYLVANIA Attorney for Plaintiff JUSTIN J. MCGARRITY, Plaintiff v. VISWANATHAN SUBHA IYER, M.D.; SELECT SPECIALTY HOSPITAL — CENTRAL PENNSYLVANIA, L.P., A GENERAL PARTNERSHIP OF SELECT SPECIALTY HOSPITALS, INC.; and ASSOCIATES IN KIDNEY DISEASES, HYPERTENSION AND INTENSIVE CARE MEDICINE, LLC., Defendants 1. 2. 3. 4. 2014; 2014; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 12 -4709 CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED JOINT CASE MANAGEMENT ORDER Discovery in this matter shall be completed on August 1, 2014; Plaintiff's expert reports shall be due on or before October 3, 2014; Defendants' expert reports shall be due on or before November 28, 2014; Plaintiff's expert rebuttal reports shall be due on or before December 12, 5. Defendants' expert rebuttal reports shall be due on or before December 26, 6. Any dispositive motions shall be filed on or before January 30, 2015; 7. The 2015 Court calendar is not available at this time, therefore, this case will be listed for trial by way of Certificate of Readiness, by either party, for a trial term agreed to by all parties. BY THE COURT: DISTRIBUTION Rovner, Esq., Navitsky, Olson & Wisneski, LLP, 2040 Linglestown Road, Suite 303, Harrisburg, PA 17110; ph# (717) 541-9205; nrovner@nowllp.com, Counsel for Plaintiff Black, Esq. and Daniel L. Grill, Esq. of Thomas, Thomas & Hafer, LLP, 305 North Front Street, P.O. Box 999, Harrisburg, PA 17108, ph# (717) 237-7100, , eblack@tthlaw.com, dgrill@tthlaw.com, Counsel for Defendant Select Specialty Hospital Badowski, Esq. and Colleen A. Shutts, Esq. of Margolis Edelstein, 3510 Trindle Road, Camp Hill, PA 17011, ph# (717) 975-8114, mbadowski@margolisedelstein.com, cshutts@margolisedelstein.com, Counsel for Defendants Dr. Viswanathan S. Iyer and Associates of Kidney Diseases, Hypertension and Intensive Care Medicine, LLC CO CES 3,117/1 Navitsky, Olson & Wisneski, LLP Neil J. Rovner, Esquire Attorney ID# : 22108 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (717) 541-9205 FAX (717) 541-9206 E-mail: nrovner@nowllp.com ' 19 ��l�t' V! til ;r, f�i1ii1;� Attorney for Plaintiff JUSTIN J. MCGARRITY, Plaintiff v. VISWANATHAN SUBHA IYER, M.D.; SELECT SPECIALTY HOSPITAL — CENTRAL PENNSYLVANIA, L.P., A GENERAL PARTNERSHIP OF SELECT SPECIALTY HOSPITALS, INC.; and ASSOCIATES IN KIDNEY DISEASES, HYPERTENSION AND INTENSIVE CARE MEDICINE, LLC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 12-4709 CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED PLAINITFF'S MOTION IN LIMINE TO PRECLUDE AND LIMIT THE TESTIMONY OF DEFENDANT, SELECT SPECIALTY HOSPITAL'S EXPERT WITNESS, JOHN J. STERN, M.D. AND NOW, comes the Plaintiff, Justin J. McGarrity, by and through his attorneys, Navitsky, Olson & Wisneski, LLP and hereby requests your Honorable Court to grant the following Motion in Limine. Plaintiff avers the following: 1. This case has not been previously assigned to any Judge, however, a Joint Case Management Order was entered on March 17, 2014, which was reviewed and approved by Honorable Judge M. L. Ebert, Jr. 2. This case involves the failure of the named Defendants to timely diagnose a clostridium difficile (C. diff) infection before Plaintiff became septic, acquired toxic megacolon and required 4 feet of his small intestine to be removed along with a permanent ileostomy bag. 3. Plaintiff and the Defendants have completed the exchange of expert reports in accordance with the March 17, 2014 Joint Case Management Order. 4. On or about December 1, 2014, Plaintiff received a report from counsel for Defendant Select Specialty Hospital authored by Defendant's expert, Dr. John Stern. His 10/28/14 Expert Report, 11/18/14 Expert Report and Curriculum Vitae are attached hereto as Exhibit A. 5. On pages 5 and 6 of Dr. Stern's 10/28/14 Expert report, he lists 12 numbered comments. Plaintiff asserts that several of these comments are beyond the scope of his expertise, not in accordance with Pennsylvania law, and show an excessive bias in his unwarranted conclusions and speculation. WHEREFORE, Plaintiff prays this Honorable Court to issue an Order, granting Plaintiff's Motion in Limine and to prevent any testimony by Dr. John Stern of the offending opinions he has listed in his report. Date: a I (XDA 504191 2 NAVITSKY, OLSON & WISNESKI, LLP N-'1 . Rovner, Esquire Attorney ID#: 22108 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (717) 541-9205 nrovner@nowllp.com Counsel for Plaintiffs CERTIFICATE OF SERVICE I, Katelyn M. Heiman, an employee of the law firm of Navitsky, Olson & Wisneski, LLP, do hereby certify that I am this day serving a true and correct copy of the foregoing upon all counsel of record via postage prepaid first class United States mail addressed as follows: Hugh P. O'Neill, Esquire Evan Black, Esquire Daniel L. Grill, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Counsel for Defendant Select Specialty Hospital Michael M. Badowski, Esquire Colleen A. Shutts, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Counsel for Defendants Viswanathan S. Iyer, M.D. and Associates in Kidney Diseases, Hypertension & Intensive Care Medicine, LLC. Date: \ a I I I a0 504191 3 M. elman, Paralegal IleAla Penn Medicine Infectious Diseases and Travel Medicine Buckley Braffman Stem Medical Associates October 28, 2014 Hugh O'Neill Thomas, Thomas and Hafer 305 N. Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 RE: Justin McGarrity v. V. Iyer, M.D., et. al. Cumberland County Court of Common Pleas Docket #12-4709 TT&H File #7727-20541 Dear Mr. O'Neill: John J. Stern, M.D. Clinical Professor of Medicine Chief Division of Infectious Disease At your request, 1 reviewed the prodigious set of records provided which include: 1. Over 15,000 pages of medical records including Hershey Medical Center, Hershey Rehab Center, Magee Rehab Center, Sepect Speciality Hospital, Penn State Lionline and Transport 7/16/2010. 2. Deposition of V.Iyer, M.D. 3. Deposition of Dr. Jackson, M.D. 4. Deposition of Mary Ellen McGarrity 5. Deposition of Justin McGarrity 6. Deposition of John McGarrity 7. Deposition of Nurse Julia Smith 8. Deposition of Nurse Laura McNaughton 9. Deposition of Nurse Julia Kuzar 10. Deposition of Nurse Khadijah Mateen 11. Lebanon, Pennsylvania VA Hospital records 12. Plaintiff's expert opinion and CV of Dr. Ronald Banner 13. Complaint In a brief summary, his medical records as above include approximately 15,000 pages. On July 16, 2010, Mr. Justin McGarrity was a 26 -year-old man that was involved in a motorcycle accident in which he was thrown from his motorcycle and then struck by an automobile. He was air -transported from Rt. 83 in Harrisburg. Pennsylvania to the Hershey Medical Center with a Glasgow Coma Scale of 3. Laboratory studies revealed a blood alcohol level of 0.13. On arrival at Hershey Medical Center, he was found to have: 301 S.8th Street I Suite 1B1 Philadelphia, PA 19106 1 215.829.5354 I Fax: 215.829.7132 Hugh O'Neill RE: Justin McGarrity v. V. Iyer, M.D., et. al. October 28, 2014 Page 2 1. Traumatic brain injury 2. Depressed left parietal skull fracture 3. Right occipital condyle fracture 4. Multiple facial lacerations 5. A 10 -cm scalp laceration • 6. Bilateral hemopneumothoraces with chest tube placement 7. C6-C7-T1 spinous process fractures 8. Right clavicular fracture 9. Bilateral rib fractures 10. Left scapular fracture 11. T5 burst fracture with severe cord injury leading to paraplegia 12. Hemorrhagic shock 13. Metabolic lactic acidosis 14. Respiratory insufficiency 15. Pulmonary contusions 16. Peripancreatic edema On July 16, 2010, the patient was uneventfully ventilated in the ICU, sedated and resuscitated. On July 19, 2010, a BAL revealed multi organism pneumonia. The patient was treated with Aztreonam and ciprofloxacin along with vancomycin and then taken to the operating room for thoracic spine stabilization using pedicle screw instrumentation. On July 20, 2010, tube feeds were begun and a pigtail catheter was inserted into the left chest. On July 22, 2010, he became febrile and the antibiotics were altered. In addition, an IVC filter was placed through the femoral vein into the infrarenal aspect of the inferior vena cava. On July 25, 2010, the patient underwent another bronchoscopy, BAL and a chest CT revealed ongoing left lower lobe consolidation. On July 27th, with ongoing pneumonia, antibiotics were again changed. Also that day, three small Stage 2 sacral decubiti were identified. On July 29, 2010, a Doppler ultrasound revealed a right subclavian clot and on August 1, the pigtail catheter was removed from his chest. On August 2, 2010, a tunneled venous access catheter was placed and on August 5, 2010, the patient underwent extubation and tracheostomy. Hugh O'Neill RE: Justin McGarrity v. V. Iyer, M.D., et. al. October 28, 2014 Page 3 On August 10, 2010, the left chest tube was removed and he was slowly being weaned off the ventilator. On August 15th, he had a questionable ileus and on 8/18/10 he passed a swallowing test and was begun on a soft oral diet. On August 23rd, the patient was off the ventilator, but required frequent suctioning, was totally non-weightbearing due to his fractures. He had a flaccid paralysis from T5 down and he was malnourished and required significant narcotics for pain control. On August 24th, he became febrile with evidence of a urinary tract infection and Ciprofloxacin was again begun. In addition, a BAL revealed gram positive cocci and gram negative rods and Vancomycin and Cefepime were begun and Ciprofloxacin was stopped. On August 26, 2010, the tracheostomy was decannulated and on 8/26/10 he was discharged from Hershey Medical Center to Select Specialty Hospital for long term care rehabilitation. At the time of the patient's transfer, he had lost approximately 20 pounds, was felt to be extremely malnourished, now laying 5'8" tall and weighing only 122 pounds. On admission to Select Specialty Hospital, he had a white blood count of 7400, a flat, soft and nontender abdomen and occasional incontinence of stool. He was on a variety of stool softeners and laxatives. In review of the records, the patient had one bowel movement on 8/29 and on 8/30 there were no bowel movements charted. On 8/31/2010 had a soft stool in the AM and the suppository was held. On 9/1/2010 there were no bowel movements recorded. At 20:45 on 9/1/2010 the nursing note stated the abdomen was non tender and non distended. Antibiotics were planned to be continued through September 2, 2010 and on 9/1/10, the patient spiked a temperature to 102.1° and per Dr. Iyer's request, blood, urine and sputum cultures were ordered. The white blood count obtained on 9/1/10 revealed a count of 21,300 and a chest x-ray also ordered that day revealed a persistent retrocardiac and left lung base opacity felt to be either atelectasis or pneumonia. At this point, Dr. Iyer noted the abdomen to be soft and he attributed a fever and elevated white blood count most likely to a pneumonia and urinary tract infection and recommended continued broad spectrum antibiotics and asked the gastroenterology consultant to evaluate the patient. Hugh O'Neill RE: Justin McGarrity v. V. Iyer, M.D., et. al. October 28, 2014 Page 4 On 9/2/10, Dr. Iyer re-evaluated the patient at 1:30 in the afternoon, noting that his vital signs were now stable with a temperature of 99.1° (this is an afebrile state). His abdomen was soft, despite frequent Ioose bowel movements and he continued intravenous fluids and asked the gastroenterology specialist to evaluate the patient regarding whether it was appropriate to place a PEG tube. Also that same day, a swallowing study was performed revealing silent aspiration. At 20:10 PM, Dr. Jackson, the gastroenterology consultant noted a fairly distended abdomen and felt that a KUB was indicated prior to proceeding with a PEG tube on 9/3/10 (this note clearly did not point out any evidence of an acute abdomen). The KUB revealed several gaseous distended loops of small bowel, most consistent with an ileus. In addition, a CBC, complete metabolic profile, magnesium, PT, PTT and a CK were ordered for the morning of 9/3/10. At 21:40 on 9/2, the nursing staff called Dr. lyer about the patient's increased anxiety and Ativan was prescribed. At 23:10, the nurses again called Dr. Iyer regarding the patient's increased heart rate and decreased urine output. According to the nursing notes, during the morning hours of 9/3, at 1 a.m., the patient had a large liquid bowel movement and a C -diff specimen was collected and sent to the laboratory. At 5:50 a.m., a call was again placed to Dr. Iyer regarding the patient's status. At approximately 6 a.m., according to Dr. Iyer's deposition, he was at the bedside of Mr. McGarrity at which time, due to increasing lethargy, an RRT was called and the patient was promptly intubated. In a note written by Dr. Iyer at 6:30 a.m. on 9/3/10, he writes that the white blood count was now 58,800. The creatinine was up to 2.1, his CO2 was 17 and states that the urine output was decreased, diarrhea was now up to 5-7 episodes and that he had reversed the patient's Ativan with Flumazenil. He also felt that Clostridium difficile was the most likely diagnosis. Intravenous Flagyl and oral vancomycin was started and the patient was transferred back to the Hershey Medical Center urgently on the same day. On 9/4/10, the patient was taken to the operating room for a total colectomy secondary to a toxic megacolon and a microperforation at the splenic flexure. During the surgery, stool was spilled into the peritoneum. The patient retumed to the operating room on 9/5/10 for another exploratory laparotomy and on 9/6/10, he underwent a partial small bowel resection of 128 cm of small bowel. Hugh O'Neill RE: Justin McGarrity v. V. Iyer, M.D., et. al. October 28, 2014 Page 5 On 9/9, an ileostomy was placed and on 9/20, a large subcutaneous fluid collection was drained and was subsequently drained again on 10/2, 10/6, 10/21/10. By December 2010, he had developed a large Stage 4 sacral decubitus and was discharged to rehabilitation again to help with strength and flexibility. I have the following comments: 1. The motorcycle accident Mr. McGarrity experienced, while undeniably tragic, was in a setting of a blood alcohol level of 0.13, well above the legal limit for blood alcohol concentration when operating a motor vehicle. 2. Given the multiple injuries Mr. McGarrity experienced, it is remarkable that he survived this terrible accident and speaks loudly regarding the extraordinary technology we in the United States have available in providing to the multiple trauma patient. Unfortunately, with each and every intervention made by medical professionals, there is always a potential downside. That is to say, allergic reactions, infectious diseases, adverse drug reactions, pneumonias, Clostridium difficile, etc. This is the "cost of doing business" in the setting of highly sophisticated university hospital-based surgical ICU care. As an infectious disease physician, it is my full time job to attend to these down stream problems. 3. It is clear that Mr. McGarrity began to develop loose stools and an elevated white blood count on September 2nd (and not before) and clearly his clinical Clostridium difficile colitis evolved over an extraordinarily short period of time. We know that at 8 p.m. on 9/2/10 when the GI specialist, Dr. Jackson, saw Mr. McGarrity in consultation, he does not mention whatsoever that the patient was developing an acute abdomen or what he believes was Clostridium difficile colitis. Furthermore, Nurse Julia Kuzar, the Chief Nursing Officer for Select Specialty Hospital noted in her deposition taken on May 28, 2014, that "he just went from — I mean he was sick and I believe we were treating him for pneumonia. He went from sick but stable to intubated in such a short period of time. C -Diff doesn't usually happen that fast" (Page 38)... and on page 39 of her deposition, she states, "even those (C -Diff) that don't resolve that quickly don't progress that fast, I mean hours." 4. Given the patient's ongoing pneumonia, potential urinary tract infection and sacral decubitus, it was very reasonable for Dr. Iyer and the team at Select Specialty Hospital on the 2nd of September to continue with the current plan outlined and not consider diagnosis of Clostridium difficile (He was also now silently aspirating into his lungs). Hugh O'Neill RE: Justin McGarrity v. V. Iyer, M.D., et. al. October 28, 2014 Page 6 5. Providing Mr. McGarrity with Ativan on the evening of 9/2, which in retrospect was incorrect, in real time was a very reasonable decision to make given the clinical situation and the ability to reverse this agent with Flumazenil. 6. Dr. Iyer was last called by the nursing staff at approximately 15 minutes prior to his arriving at the bedside at 6 a.m. This is extraordinary speed with which to arrive at the bedside is behavior that should only be commended. There were no clinical requests for the nursing staff to require that Dr. Iyer or any other physician to return to the Select Special Hospital prior to 6:00am.m 7. With regard to the deposition of the Plaintiff, Mr. Justin McGarrity, taken on 10/17/13, Mr. McGarrity states the following: When asked when at the Hershey Medical Center did he hear any criticism of the care at the Select Specialty Hospital or Dr. Iyer, Mr. McGarrity said, "no" nor had he spoken to any health care worker who was critical of his care at the Select Specialty Hospital (page 63) and lastly, he had no understanding of why he was suing Select Specialty Hospital (page 67). 8. Regarding John McGarrity's deposition, Justin's father, taken on 10/17/13, he admits (page 25-26) that the Hershey Medical Center had no criticism of his son's care at Select Specialty Hospital and also admitted that the staff at Hershey Medical Center never suggested that the Clostridium difficile infection could have been prevented. Lastly, Mr. McGarrity (father) stated on page 28 that the reason for the law suit was his son's desire to "punish the guy...because he messed up his insides." These comments speak for themselves. 9. Turning to the deposition of Justin's mother, Maryellen McGarrity, taken also on 10/17/13, she states that Select Specialty Hospital was responsive to her questions and the hospital "was not keeping anything from her." (Page 56) Obviously, the actions of Select Specialty Hospital were without any defensiveness, mystery or obfuscation. Clearly these are signs of a strong organization. 10. With regard to the Plaintiff's expert opinion of Dr. Ronald Banner, I have the following comments: a. It appears in reviewing Dr. Banner's CV that he has never recertified in internal medicine since his initial exam dated 1973 and his current practice is that of "staying healthy by early detection and prevention of illness..." My understanding of Dr. Banner's CV is that he does not care for acutely ill patients nor does he care for inpatients. It seems disingenuous for Dr. Banner to feel so comfortable criticizing the care of Justin McGarrity and perhaps raises the question of Dr. Banner's qualifications in the area of critical care medicine to offer any opinion regarding Mr. McGarrity's care. Hugh O'Neill RE: Justin McGarrity v. V. Iyer, M.D., et. aL October 28, 2014 Page 7 b. Reviewing Dr. Banner's criticism rendered to Mr. McGarrity on 9/2/10, that Mr. McGarrity's abdominal distention was not acted upon appropriately is unfounded. When Dr. Jackson, the gastroenterologist, evaluated the patient at 8 p.m. on 9/2/10 in anticipation of placing a PEG tube, Dr. Jackson notes that the abdomen was "fairly distended" and ordered a KUB. Nothing in Dr. Jackson's progress note raised any red flags and clearly the patient had not developed a toxic megacolon or an intra-abdominal catastrophe at that time point. Mr. McGarrity's acute diarrheal illness occurred many hours later and could not have been predicted or forestalled given his clinical status during the daytime and early evening hours of 9/2/10. c. Dr. Banner is incorrect in his suggestion that Mr. Justin McGarrity had a significant change in his bowel movements beginning on 8/31/10. Both the records and the various depositions point out that the explosive onset of the patient's diarrhea began late 9/2/10 to early 9/3/10. In addition, clinical microbiology labs will not process a stool sample for C. diff unless it is from an uniformed (diarrheal) stool. d. Dr. Banner criticizes the team for failure to have not ordered a Clostridium difficile culture and sensitivity as early as 8/31/10. As above, the patient's bowel habits had not changed significantly and the gastroenterologist, Dr. Jackson, an expert in GI disease did not even mention C -diff as a possibility on 9/2 and no one ordered a C -diff study at that time (9/2). Furthermore, no one orders a C -diff culture and sensitivity. Dr. Banner is simply poorly informed as to the nature of current Clostridium difficile lab testing methodologies. e. Despite Dr. Banner's suggestions that it was the patient's family's insistence that the patient be moved to the Hershey Medical Center on 9/3/10, it was Dr. Iyer at 6 a.m. who in fact made the transfer happen. f. Lastly, it is not fair or consistent with the facts for Dr. Banner to suggest that a diagnosis of Clostridium difficile colitis could have been made 48 hours earlier and prevented his colectomy. 11. In my opinion, the care provided to Mr. McGarrity by the nursing staff at Select Speciality Hospital was well within the standard of care. 12. What Mr. McGarrity experienced in every aspect of this complex illness/injury was tragic. To focus on a 6-12 hour period between 9/2 and 9/3/10 is simply to miss the big picture and lose sight of the remarkable care Mr. McGarrity received, which saved his very tenuous life. Hats off to all the physicians and healthcare workers that cared for this remarkable clinical illness. These comments are made with a reasonable degree of medical certainty. Hugh O'Neill RE: Justin McGarrity v. V. Iyer, M.D., et. al. October 28, 2014 Page 8 If there is any additional material, please feel free to forward them to me. Sincerely, Electronically signed by John J. Stem, MD at I0/30/2014 1.3:29:01 John J. Stern, MD J.iS / tas / JobNo: 00426540 Penn Medicine Buckley Braffman Stem Medical Associates November l8, 2014 Hugh O'Neill Thomas, Thomas and Hafer 30514. Front Street, bth Floor P.O. Box 999 Harrisburg, PA 17108-0999 Infectious Diseases and Travel Medicine RE: Justin•McGarrity v. V. Iyer, M.D., et. al. Cumberland County Court of Common Pleas Docket #12-4709 TT&H File #7727-20541 Dear Mr. O'Neill: John J. Stern, M.D. alnico! Professor of Medicine Chief Division of infectious Disease This is a supplemental report in addition to the previously expressed opinion written on 10/28/14. Specifically, with a reasonable degree of medical certainty, starting antibiotics directed at treating the patient's Clostridia difficile illness any earlier than they were begun (i.e. in the 24-48 hour period leading up to the onset of his acute diarrhea illness) would have made no clinical impact on his ultimate outcome. If there are any additional questions, please feel free to call or write. Sincereiy, Electronically signed by John J. Stern, MD at 11/19/2014 09:54:30 John J. Stern, MD J TS / tas / JobNo: 00428488 301 S.8th Street 1 Suite 1 B1 Philadelphia, PA 19106 1 215.829.5354 1 Fax: 215.829.7132 UNNERSiTY OF PENNSYLVANIA --- SCHOOL OF MEDICINE CURRICULUM ViTAE John Josooh Stern, MO Address: 301 South 8th Street Philadelphia, PA. 19107 USA Educaltton: 1970-71 McGill University, Montreal, Quebec 1971.74 B.S. University of Wisconsin -Madison 1976-79 M.D. New York University School of Medicine New York, NY Post -Graduate Traipina and FellowshitAppointments: April 2013 1979-80 intern In Medicine, University of Texas Health Sciences Center, San Antonio 1980-82 Resident in Medicine, University of Texas Health Sciences Center, San Antonio 1986-88 Fellow, Division of Infectious Disease New York Hospital -Cornell Medical Center, New York, NY Military Service: NONE Faculty AppoIntmenta: 1987-88 Instructor in Medicine, Cornell University College 1988-91 Instructor in Medicine, University of Pennsylvania School of Medicine 1991-94 Clinical Assistant Professor of Medicine, University of Pennsylvania School of Medicine 1994-98 Clinical Assistant Professor of Medicine, Thomas Jefferson University 1996-97 Clinical Associate Professor of Medicine, Thomas Jefferson University 1999-2009 Clinical Associate Professor of Medicine, University of Pennsylvania School of Medicine 2009 -present Clinical Professor of Medicine, Perelman School of Medicine, University of Pennsylvania School of Medicine Hospital and Administrative Appointments: 1983-85 Attending Physician, Adult Emergency Service, Bellevue Hospital, New York, NY 1987-88 Assistant Attending Physician, New York Hospital, New York, NY 1988 -present Staff Physician, Pennsylvania Hospital, Philadelphia, PA 1988-97 Attending Physician, Wills Eye Hospital, Philadelphia, PA 1994-97 Attending Physician, Thomas Jefferson University Hospital, Philadelphia, PA 2011 -present Chief, Division of Infectious Disease, Pennsylvania Hospital, Philadetphia, PA Apeetalty CerWt lcatlon: 1982 American Board of Internal Medicine 1988 American Board of Internal Medicine, Infectious Diseases 2011 American Board of Internal Medicine, Recertified In infectious Diseases 01// 'd EOSZ 'ON iuiod siawos 62oio!pJe3 uuad vivo :pi Elpt John Joseph Stem, MD 2 Licensure: Pennsylvania (active) MD -040883E Awards and Honors: 1974 B.S. with Distinction, University of Wisconsln-Madison (Honors Program) 1987 Ell Lilly Fellowship Award, The National Foundation for infectious Diseases 1991 Student Teaching Award, University of Pennsylvania School of Medicine 1998 Service Award, Department of 08/GYN, Pennsylvania Hospital 2000 Wyeth-Ayerst, Distinguished Faculty Award Greater Philadelphia OB/GYN Comprehensive Review Course 2001 UPHS Quality Award -Honorable Mention 2001 Edward Viner Teaching Award Department of Medicine, Pennsylvania Hospital 2004 UPHS Operational Quality and Safety Award (team member) 2005 CCA-UPHS Excellence and Outstanding Effort in Medical Education 2006 UPHS Operational Quality and Safety Award 2007 Louis Orion, MD Teaching Award University of Pennsylvania Medicat Student Award for Excellence in Clinical Teaching 2010 UPHS Operational Quality and Safety Award (team member) Recognized in Philadelphia Magazine, Top Docs Issue, 2002, 2008, 2010, 2013 Recognized by Best Doctors in America, 2003-2004, 2005-2006, 2007-2008, 2009-2010 2011 Hubschman Award, Pennsylvania Hospital, Philadelphia, PA 2012 Penn Pearls: given by the Perelman School of Medicine Class of 2012 for out- standing undergraduate medical education Memberehlee in Professional and Sclentjfic Societies; 1982-2000 American College of Physicians (Fellow) 1988 -present Infectious Disease Society of America (Member) 1993-1995 American Board of Internal Medicine (Member) Committee responsible for writing the Infectious Disease recertification exam 1990 -present Society for Healthcare Epidemiology of America (Fellow 2004) 1988-1997 NiAIDD Mycoses Study Group (Member) 2009 -present American Board of internal Medicine: Committee responsible for writing the infectious Disease certification and recertiification exam Editorial Positions: None Academic and Institutional Committees: 1988-2000 Member, House staff. Clinical Competence Committee, Pennsylvania Hospital 1989-90 Chairman, Antibiotic Review Committee, Pennsylvania Hospital 1991 -present Chairman, Infection Control Committee, Pennsylvania Hospital 2001 -present Member, Performance Improvement Committee, Pennsylvania Hospital N(a(QrAcademic and Clinical Teaching Reseonsibiliti s: 1988 -present Morning Report at Pennsylvania Hospital Department of Medicine 1988 -present Attending Rounds at Pennsylvania Hospital, (4 months/year) 1988 -present Elective Course: Mechanisms of Infection—MOD 100M University of Pennsylvania School of Medicine 1988 -present Frontiers in Medicine FRO 607 University of Pennsylvania 1988 -present Didactic Lectures- University of Pennsylvania School of Medicine 2003 -present Infectious Disease Course- MOD 200M - University of Pennsylvania School of Medicine Ol/E 'd RS/ '91 }uiod s,awos Jso1o!pnv0 uuad WVO1:01 EIOZ '5 'I"i' John Joseph Stem, MO Lectures by Ipvttation Opt five vears):, January, 2005 Update on Ophthalmic Infectious Diseases Wills Eye Hospital, Philadelphia, PA June, 2006 Methicillin Resistant Staphylococcus Aureus in the Athlete. The 6th Annual Philadelphia Sports Medicine Congress June, 2008 Update on Infectious Diseases, 34'" Annual Eastern Shore Medical Symposium, Rehoboth Beach, Delaware October, 2010 HIV Epidemiology, The Pennsylvania Hospital, Philadelphia, PA December 2011 What's for Dinner? Grand Rounds at The Pennsylvania Hospital May 2012 Infection Prevention for Neurosurgery: Dept of Neurosurgery, Perelman School Of medicine, The U of Pennsylvania September 2012 Fish Safety: Grand Rounds :The Pennsylvania Hospital Bibfloaranhv: Resqprch Publications. Doer reviewed (print or other medial: 1. Stem JJ, Graybill, JR, Drutz DJ: The role of the macrophage in host defense. Argarican Jouingl of Tropical Medicine and Hygiene 33 (3): 373-380, 1984. 2. Wald P, Stern JJ, Weiner B, Goidfrank L: Esophageal tear following forceful removal of an impacted oral gastric lavage tube. Annalsof Emelgsncy Medicine 15 (1): 80- 82, 1986. 3. Murray HW, Stern, JJ, Waite K, Rubin BY. Carriero SM, Nathan CF: Experimental vlscerai leishmaniasis: production of Interleukin-2 and interferon-gamma, tissue immune reaction and response to treatment with interleukin-2 and interferon-gamma. Journ_aI of Immunology 138: 2290-2297, 1987. 4. Stem JJ, Murray i -IW: Dissociation of in vivo and in vitro granuloma formation in experimental visceral leishmaniasis. Joumal of infectious Diseases 156:533-534, 1987. 5. Stern JJ, Stoopak PM: Magnetic resonance Imaging In diagnosis of a psoas abscess. Journal of Computer Assisted Tomccraphv12: 79-80, 1988. 6. Stem JJ, Oce MJ, Anderson SL, Rubin BY, Murray HW: L3T4+ and Lyt-2+ cells in visceral leishmaniasis. Joumal of Immunology 140: 1371-1377, 1988. 7. Stem JJ, Hartman BJ. Sharkey P, Squires K, Rowland R, Murray HW, Graybill JR: Oral fluconazole therapy for patients with the Acquired Immunodeficiency Syndrome and Cryptococcosis: Experience with 22 patients. American Journal of Medicine 85: 477-480, 1988. 8. Sugar AM, Stern JJ, Dupont BB: Overview: Treatment of Cryptococcal Meningitis. Rev Inf Dib„ 12 (Supp) 3): 338-348, 1990. 9. Buckley RM, Braffman MN, Stem JJ: Opportunistic Infections In the Acquired Immunodeficiency Syndrome. Qeminars in gnyoJ.ogv 17(3): 335-349, 1990. 10. Powderly WO, Saag MS, Cloud GA, Robinson P, Meyer RD, Jacobson JM, Graybill JR, Sugar AM, McAuliffe VJ, Follansbee SE, Tuazon CU, Stern JJ, et al.: A controlled trial of 00 'd £OSZ '°N �uiod saawog A2oloip so "IN Wtl01:01 £l01 'S l"f John Joseph Stem, MD 4 fluconazole or Amphotericin B to prevent relapse of cryptococcal meningitis In patients with AIDS. New England Journal of Medicine 326 (12):793-798, 1992. 11. Stem JJ, Pietroski NA, Buckley RM, Braffman MN, RineIdi M: Parenteral and oral fluconazole for acute cryptococcal meningitis in AIDS: Experience with 13 Patients, finals 01 Pharmacotheraav 26:878-882,1992. 12. MacGregor RR, Morgan AS, Grazlanl AL, Pietroskl NA. Frank I, Braffman MN, Buckley RM, Stern JJ, et at: Efficacy and tolerance of Intermittent vs. daily cotrlmoxazole for PCP prophylaxis In HIV-positive patients. AmedeelJoumal of Medicine 92(2): 227-229, 1992, 13. Nightingale ST, Cameron DW, Gordln FM, Sullam PM, Cohn DL, Chaisson RE, Eron LJ, Sparti PD, Bihari B, Kaufman DL, Stam JJ, et al: Two controlled trials of Rifabutin prophylaxis against mycobacterium avium complex Infection In AIDS. New England Journal of Medicine 329 (12): 828-8331993. 14. Pons V, Greenspan D, Debruln M, Poretz D, Sugar A, Squires K, Larsen R, Sattler F. Redding S, Machell L, Dodd C, Tuazon C, Powderly W, Cochran J, Joseph WP, Stem JJ, et at: Therapy for oropharyngeal candidiasis In HIV -Infected patients - a randomized prospective multicenter study of oral fluconazole vs, clotrimazole troches. Joujl of Acquired tmmyne t>eficlencv Syndromes and Human Refrovlrologv 6(12):1311-1216, 1993. 15 Rex JH. Bennett JE, Sugar AM, Pappas PG, van der Horst CM, Edwards JE, Washbum RG, Scheid WM, Karchmer AW, Dine AP, Levenstein MJ, Stern JJ, Webb CD: for the Candidemia Study Group and the National Institute of Allergy and infectious Diseases Mycoses Study Group; A randomized Vial comparing fluconazole with Amphotericin B for the treatment of candidemia in patients without neutropenia. New England Journal of Medicine 331 (20):1325-1330, 1995 16, Simon DM, Cello JP, Valenzuela J, Levy R, Dickerson G, Goodgame R, Brown M, Lyche K, Fessel WJ, Grondell J, Wilcox CM, Afdhal N, Fogel R, Reeves -Darby V, Stern JJ, et al: Multicenter trial of octreotide in patients with refractory Acquired Immunodeficiency Syndrome - associated diarrhea, Gaskoenterologv 108:1763-1760,1995. 17. Schuster MG, Stern JJ: Zygomycosis orbital apex syndrome In association with a solitary lung carcinoma. Journal of Medical and Veterinary Mycology 33:73-75, 1995. 18. Kwon -Chung KJ, Pfeiffer T, Chang YC, Wickes BL, Mitchell D, Stern JJ: Molecular biology of Cryptococcus neoformans and therapy of Cryptococcus. Journal of Medical and Vejerinary Mycology 32 Suppl 1:407-15, 1994 19. Galus, MA and Stern JJ: Extreme Iymphocytopenla associated with toxic shock syndrome. Journal of (eternal Medicine 244(4): 351-354, 1998. 20. Stopyra GA, Multhoupt HA, Alexa L, Husson M, Stem JJ, Warhol M: Epstein Barr Virus - Associated with adult respiratory distress syndrome in a patient with AIDS: Case report and review Modern Pathotoav 12(10):984-989, 1999. 21. Domadula G, Zhang H, VanUert 5, Stern JJ, Livornese L, Ingerman M, Witek J, Kedanis R, Natkin J, DeSimone J, Pomerantz R: Residual HIV-1 In blood plasma of patients taking highly active antiretroviral therapy. Journal of the American Medical Association 282: 1627-1832, 1999. 61/5 'd E95Z'°N lU1°d slawos 42o1oip)F3 "ad WVII:OI EIOZ 5 'I°( John Joseph Stem, MD 22. Dornaduia G, Nunnari C, Vaneila M, Roman J, Babinchak T, DeSimone J. Stern JJ, Braffman M, Zhang H, Pomerantz R: HIV-1 infected individuals with residual disease and virus reservoirs on suppressive highly active antiretroviral therapy con be stratified into relevant virologic and immunologic subgroups. The Jourr of tnfectig Diseases 183:1882-7, 2001. 23. Shapiro M, Ward C, Stem JJ. A near fatal hypersensitivity reaction to Abacavlr. Case report and literature review. The AIDS Reader 11(4):222-226, 2001. 24. Kulkosky J, Giuseppe N, Otero M, Dornadulac G, Zhang H. Malin A. Sullivan J, Xu Y, DeSimone J, Babinchak T, Stem JJ, Cavert W, Haase A, Pomerantz J: Intensification and Stimulation Therapy for Human Immunodeficiency Virus Type 1 Reservoirs in Infected Persons Receiving Virally Suppressive Highly Active Antiretroviral Therapy. Journat of Infectiouspiseases Nov 15-186 (10):1403-11 2002. 25. Stem J, Lam A: The Antiphospholipid Antibody Syndrome: Recognizing Unusual Presentations. Resident and Staff Physician Vol. 49, No. 9 September 2003. 26. Chang J, Calligaro K, Ryan D, Dougherty M, Stem JJ: Risk Factors Associated with Infection of Lower Extremity Revascularization: Analysis of 365 Procedures Performed at a Teaching Hospital. Journal of Vascular Surgery 17: 91-96 Surgery 2003. 27. O'Rourke E, Runyan D, O'Leary J, Stem JJ: Contaminated iodophor in the operating room. American Journal of Infection Control 31: 255-258, 2003. 28. Deirmengtan C, Greenbaum J, Stem JJ, Braffman M, Lotke P, Booth R, Lonner J: Open Debridement of Acute Gram -Positive Infections after total Knee Arthroplasty, Clinical Orthopedics and Related Research Number416, pp. 129-134, 2003. 29. Sinha R, Stem, JJ. Miliary Tuberculosis Following intravesical BCG Treatment UroOpcoloov Volume 3 Numbers 3-4 September -December, 2003. 30. McGuire W, Mintzer D, Stopyra F, Stem JJ: Strongyloldiasis diagnosed by endoscopic biopsy in a patient with multiple myeloma. Community Oncology 3:144-146, 2006. 31. Ances BM, Roc AC, Wang J. Korczykowskl M, Okawa J, Stem JJ, Kim J, Wolf R, Lawler K, Kolson DL, Detre J: Caudate blood flow and volume are reduced In HIV neurocognidvely impaired patients. 66:862-866 Neurology 2006. 32. King JJ MD, Stem JJ, MD, Lackman RD, MD: groin pain in a 20 -year old male; diagnosis and discussion. Sk Jetal Radiology 36:669-670 2007. 33. LoRe V, Frani, Gross R, Docter J, Linnen J, Giachetti C, Tebas, Stern JJ, Synnestvedi M, Localio R, Kostman J, Strom 6: Prevalence, Risk Factors and Outcome for Occult Hepatitis B Virus Infection Among HIV -Infected Patients. Acquired Immune Deficiency Syndrome Mar 1, 44(3): 316320. 2007. 34. Runyan, Debbie MT (ASCP); O'Rourke, Ellen CIC, BS MT (ASCP); Stem, JJ, MD: Central Line Related Bloodstream Infections -The Road to Elimination American Journal of Infectious_ Diseases 36(6): E32 -E33, June 2008. 35. Castelo-Soccio L, Bemardin R, Stem JJ, Goldstein SA, Kovarik C: Successful treatment of acyclovir -resistant herpes simplex virus with Intralesional cldofovlr. Arch Dermatoloav 2010 February; 146(2), 124-6. 01/9 'd 05L'°14 tu.od sJaw0S A8oloipJY3 uued 111111:01 E10L 'S 'l"f John Joseph Stern, MD 36. Nafsl T, Lin MV, Stem JJ: Angiotroplc Lymphoma: A Concealed Etiology of Fever of Unknown Origin. European lJ urnal of General Medicine 7(2): 234-239: 2010. 37 . Anakwenze„ OA, Milby AH,Gans I,Stern JJ, Levin LS, Wapner,KL. Foot and ankle infections: diagnosis and management- J AmAcad Orthop Suro. 2012 Nov;20(11):684- 93. 38 Halem CH, Mitchell, Paul A, Kramer DR, McGill KR, Buonocore D, Jaggl JL Stern JJ Baltuch GH Self Administered preoperative antiseptic wash to prevent postoperative infection after deep brain stimulation. Arn J Infect Control,. 2012 June;40 (5) 431-3 Abstracts: Patient Cloth Chairs and Clostridium difficile Outbreak. APIC Annual Conference Fort Lauderdale, FL, June 2009. Ida M. Macri, BSN, Debra Runyan, MT (ASCP) CIC, Infection Preventionlst, John J. Stern, MD, Chairman Infection Prevention Committee; Sherelyn Riddick, Infection Prevention Assistant, Pennsylvania Hospital, Philadelphia, PA Collaborative Protect to Eliminate CABG Stemal Site Infections. Eileen J. O'Rourke, Debbie Runyan, John J. Stem, Charles Bridges. Society for Healthcare Epidemloloov Annual Meeting April 14-17. 2007. APIC 384" Annual Education Conference, June 2011. Poster Abstract 14-181: Implementation of Pertussis Vaccine for Postpartum Mothers. APIC 38th Annual Education Conference, June 2011. Peripheral IV Securernent Device implementation to Reduce Phlebitis and Associated infections. Ec4ltortale. Reviews. Chapters. Includin i research publicallons, participation cited but no{ by puthorehlo: 1. Jones TC, Stem JJ: "Clinical Trials" In: Handbook of Experimental Pharmacology: Chemotherapy of Functet Diseases, John F. Ryley, editor, Berlin. Pages 313 -Springer -Verlag 1989. 2. Pietroski NA, Stern JJ: Cryptococcal meningitis and other fungal Infections of the central nervous system. 3:608-613. current Opinion in infectious Diseases 1990. 3. Stem JJ, Pietroski NA Fluconazole: A critical drug appraisal. Jan: 76-82 Drug Therapy 1991. 4. PletrosKl NA, Sefir E, Stem JJ: CNS fungal Infections In AIDS patients. The AIDS Reader 2 (6): 196-202, 1992. 5. Norris A, Stern JJ: Cryptococcal meningitis in AIDS. Infections In Medicine 10(6): 3549. 1993. 6. Calligaro KD, Stem JJ, DeLaurentis DA: Foscamet A possible cause of ulnar artery thrombosis In a patient with AIDS. Journal of Vascular Seraery 20(6): 1007-1008, 1994. 01/L 'd E05Z 'oN 1u!od siawo$ A9oto!pJQo uuad Wdl1:01 EtOZ 5 'I"f John Joseph Stem, MD 7 7. Stern JJ: Pneumooystis Cartnii Pneumonia. illy in Primary Care. Buckley, R, Michael and Gluckman, Stephen J, Editors. Moby, Inc, Publishing 2002. 8. Stern JJ, O'Rourke E, Runyan D: Getting the word out. Inferaion Control amid Hospital Epidemiology 23(7); 356, 2002. 9. Stern JJ: The Digital Cameral as a Clinical Tool. Annals of Internal Medicine, vol 143, (8): 619-620 18 October 2005. 10. Kim KB, Klimowlcz CW, Stem JS: Methotrexate -Induced Erythema Multiforme. Community Oncolgay 10(3):88.91, 2013. 11. Nathan BR, Stem JJ, "infection° In: Monitoring in Neurocrilical Pare Peter Leroux„Joshua Levine, and W. Andrew Kofke Eds. pp: 154-164, Elsevier/Saunders 2013 COSZ'°N luiod saawOS Al olo!pJPD uuad WvZI 01 £IOZ 'S I"r JUSTIN J. MCGARRITY, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. VISWANATHAN SUBHA IYER, M.D., SELECT SPECIALTY HOSPITAL - : CENTRAL PENNSYLVANIA, L.P., A : GENERAL PARTNERSHIP OF SELECT: SPECIALTY HOSPITALS, INC.; AND : ASSOCIATES IN KIDNEY DISEASES HYPERTENSION AND INTENSIVE CARE MEDICINE, LLC, DEFENDANTS : NO. 12-4709 CIVIL IN RE: PLAINTIFFS MOTION IN LIMINE TO PRECULDE OR LIMIT TESTIMONY OF DEFENDANT SELECT SPECIALITY HOSPITAL'S EXPERT WITNESS DR. JOHN STERN, MD. ORDER OF COURT AND NOW, this 5th day of January, 2015, upon consideration of the Plaintiff's Motion in Limine to Preclude or Limit Testimony of Defendant Select Specialty Hospital's Expert Witness, Dr. John Stern, M.D., IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant, Select Specialty Hospital, to show cause why the relief requested should not be granted. 2. Select Specialty Hospital will file an Answer to the Motion on or before January 30, 2015. 3. Argument on the matter will be held on Thursday, February 12, 2015, at 9:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. L. Ebert, Jr., J. =Neil J. Rovner, Esquire Attorney for Plaintiffs Hugh P. O'Neill, Esquire Attorney for Defendant Select Specialty Hospital stolichael M. Badowski, Esquire Attorney for Defendants Iyer, MD and Assoc. in Kidney Diseases, Hypertension & Intensive Care Medicine, LLC. bas 172.kileAL