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HomeMy WebLinkAbout12-7618FiL ~ -~IF~~CF ~~~~" t j~ F°n~l"HO~~t~7'Ar,'t "12 G~~C 18 PM t : I S GOLDBERG, KATZMAN, P.C. lpril L. Strang-K~itay - I.D. No. 46728 ~IJ~'~~~''i~t~~ ~{}~~ ~~~N~Y goo-,a Even Read i~`E~~NSYLVA~dIA Lancaster, P.A 17601 i'1?j~09-6141 attorneys fior Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTI', PENNSYLVANIA CIVIL ACTION - LAV1' CHALLAINE .fACKSON, on her own Behalf, and as Administratrix of the Estate ~~f Infant Child, Jhevien Quinn Roy Jackson : Medical Professional Liability Action Plaintiffs No: la I~1ARK F. STEGMAN, M.D., CFNTEK FOR WOMEN'S HEAL"fJ-I, and HOLY SPIRIT HOSPITAL JURY TRIAL DEMANDF,D Defendants clvl~ ,ac~rlo~ - t.,aw NOTICE YOU HAVE BEEN SUED 1N COURT. If you wish Co defend a~~ainst the claims set Furth in the ti~llowing pages. you must take action within twenty (20) days after this Complaint and NOtICe are yen cd. by enuring a ~tiritten appearance personally or by attorney and tiling in ~~~riting with the ~'ourt ~ uur defenses or objections to the claims set forth against you. You are warned that if ~~ou fail t<> do ;,~ the ~;i;e may proceed without you and a judgment may be entered against you by the Court without further notice for an~~ money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. Yuu may lose money or property or other rights important to you. 1'OU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWY"ER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SE I FORTH BELOW "T'O FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOC[A"PION 32 S. [3edtord Street Carlisle, PA 17013 Telephone: (717) ?49-;166 or I -800-990-9108 ~V~~ ~! b3.~~ a~ ~~ l~sl3~' ~~ ~$~~ag NOT[CIA Le han demandado a usted en la Corte. Si usted quiere defenderse de estas demandas e~Pucstas en las patinas siguientes, usted time viente (20) dias de plazo al pa--tir de la fecha de la demanda ~ la notiticaeion. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la Corte en forma escrita sus defenses o sus objectiones a las de-nandas en contra de su persona. Sea adis~-do que si usted no se defiende, la sin previo aviso o notificacion y por cualquier q-.-ja o puede perder din~ru <~ ;us propiedades o otros derechos importantes pare usted. LLEVE ES"CA DEMANDA A UN ABOGADO IMMEDIATANIEN"f E. SI NO I~IEtif. ~BOGADO O SI NO T1ENE EL DINERO SUFICIEN"I~E DE PAGAR TAI. SERVICIO. VAI~A I:N' PERSONA O LI,AME POR "fELEFONO A LA OFICINA CUYA DIRECCION SE L:NCtiEN ~R-~ ESCRITA Af3AJO PARA AVERIGUAR DON DL SI; PUEDE CONSEGUIR ASIS ff:NCIA I.L=G:AI.. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 1701 Telephone: (717) 249-3166 or 1-800-990-91 OS GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - LD. No. 46728 600-A Eden Road Lancaster, PA 17601 (717)509-6141 Attorneys for Plaintiff --- _-- - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW C1-IALLAINE JACKSON, on her own Behalf, and as Administratrix of the Estate of Infant Child, Jhevien Quinn Roy .lackson Medical Professional Liability_ Action Plaintiffs No: MARK F. STEGMAN, M.D., CENTER FOR WOMEN'S HEALTH, and HOLY SPIRIT HOSPITAL JURY TRIAL DEMANDED Defendants COMPLAINT AND NOW, comes the Plaintiff, Challaine Jackson, on ~ her own behalf and as Administratrix of the Estate of her infant son, Jhevien Quinn Roy Jackson, by her attorneys, Goldberg Katzman, P.C., who respectfully represent as follows: PARTIES TO THE CAUSE OF ACTION 1. Challaine Jackson is an adult individual who resides at 3962 Green Street, Harrisburg, PA 17110. 2. Defendant. Mark F. Stegman, M.D. is a physician licensed under the laws ot~ the Commonwealth of Pennsylvania with a principal place of business at 42 3 N. 2l" Street, Camp Hill, PA 17011. 3. The Center for Women's Health is a medical practice group, licensed under the laws of the Commonwealth of Pennsylvania, with a principal place of business at 423 N. 21 s` Street, Camp Hill, PA 1701 I . ~. Defendant Holy Spirit Hospital is a medical institution licensed under the laws of the Commonwealth of Pennsylvania with a principal place of business at 503 N. 21 s' Street, Camp Hill, PA 17011. STATEMENT OF LIABILITY 5. In accordance with Pa.R.C.P. 1042.2, this is a professional liability action brought against the Defendants in this action.. S"CATEMENT OF FACTS 6. Plaintiff Challaine Jackson (hereinafter Plaintiff), then age 25 and at full term pregnancy, presented to Labor and Deliver at the Holy Spirit Hospital on March 3, 2012 with complaints of headache and decreased fetal movement. 7. On or about March 3, 2012, at approximately 7:50 p.m., Plaintiff was admitted for mild pre-eclampsia and further evaluation, which included blood pressure measured at 156/92, and fetal monitoring which revealed a fetal heart rate of 150 beats per minute. but decreased variability and no fetal accelerations. Other significant historv included large gestational age infant, history of prior Caesarian section, recent 24 hour urine with 945 mg protein, and Sickle cell trait. 2 8. At the time of this initial evaluation, Plaintiff was seen by hospital nurses, including J. Graham, R.N. and Nicole Brong, R.N., who interpreted the fetal monitoring strips, and then treated Plaintiff with maternal-fetal resuscitation using oxygen, as well as providing I.V. fluids and positioning of the mother in a left lateral position. y. At the time of admission, no active labor was detected, so the plan included use of low dose Pitocin for cervical ripening, with blood glucoses every two hours until active labor. 10. A second patient face sheet indicates that Plaintiff was admitted at 21:50, and registered at 22:14; further records show that Plaintiff's labor record began at 00:10, with Foley bulb catheter for low dose Pitocin for cervical ripening, noting category II fetal heart tones. 1 l . Over the ensuing six hours of March 3, 2012 into the morning hours of March 4, 2012, nursing staff made phone calls to Dr. Stegman at 01:18 and 05:04 to report glucose levels, while during this period fetal heart tracings were non-reassuring, and continued to show decreased variability with no fetal accelerations. 12. By telephone order, Dr. Stegman ordered insulin for Plaintiff at 04:55 on 3i~1%12. 13. At or about 06:09, the Pitocin that had been started at midnight was stopped because of the non-reassuring fetal heart tracings. 14. At or about 06:13, Dr. Stegman was notified by phone that the fetal heart tracing. which had steadily declined, was worsening and becoming difficult to detect. 1 ~. At or about 06:20, Dr. Stegman saw the patient to evaluate non-reassuring fetal heart tracings, with baseline rates varying between 80's - 1 10's over 1 - 2 minutes. but with no discernable contractions. 1'he plan was for urgent repeat Caesarian section. 3 16. At or about 07:00, Caesarian section was performed with delivery of an infant baby boy whose Apgars were 0/0/2 (20 minutes). 17. Can or about March 4, 2012, baby boy Jackson was transferred to the NICU at Hershey Medical Center, where his demise was imminent, and did occur on March 8, 2012. FIRST CAUSE OF ACTION WRONGFUL DEATH CHALLAINE JACKSON, INDIVIDUALLY and as Administratrix of the Estate of JHEVIEN QUINN ROY JACKSON vs MARK STEGMAN, M D ,WOMEN'S HEALTH CENTER AND HOLY SPIRIT HOSPITAL 18. The averments contained in paragraphs 1-17 are hereby incorporated by relerence. 19. That Defendants named above are jointly and severally liable for damages as set i~rth herein. 20. That Plaintiff brings this action for the wrongful death of decedent on behalf ni all persons entitled to recover damages therefrom, under and by virtue of the Act of 1976, July 9, P.S. 586 No. 142, Section 2, 42 Pa. S.C.S.A. § 8301. 1. That the following are the names of all persons entitled by law to recover damages for such wrongful death and the relationship to decedent: Challaine Jackson, mother. SECOND CAUSE OF ACTION SURVIVAL CHALLAINE JACKSON, INDIVIDUALLY and as Administratrix of the Estate of JHEVIEN QUINN ROY JACKSON vs MARK STEGMAN, M D ,WOMEN'S HEALTH CENTER AND HOLY SPIRIT HOSPITAL 22. Paragraphs 1 - 21 are hereby incorporated by reference. a 23. That the above named Defendants are jointly and severally liable for damages as set forth herein. ?~. That Plaintiff brings this action on behalf of the Estate of Jhevien Quinn Roy .lackson, deceased, under and by virtue of the Act of 1976. July 9, P.S. 586 No. 14?. Section ?. ~2 Pa. S.C.S.A. § 8302. 25. That Plaintiff avers that the Estate has incurred a loss and a claim is therefore asserted for the pain and suffering Decedent endured prior to his death, loss of Decedent's earnings and earning power for Decedent's life expectancy and for all other damages sustained by said Decedent. COUNTI CHALLAINE JACKSON, INDIVIDUALLY and as Administratrix of the Estate of JHEVIEN QUINN ROY JACKSON VS. MARK STEGMAN, M D NEGLIGENCE 26. Paragraphs 1-25 are hereby incorporated by reference. ?7. At all times relevant to the subject matter of this Complaint, Plaintiff was a patient of Dr. Stegman, receiving treatment and interventions based on her medical requirements. 28. That Dr. Stegman was negligent in his care and treatment of the Plaintiffs by: a. permitting the administration of Pitocin when the fetal heart tones were non- reassuring; b. failing to monitor and assure adequate assessment of the fetal condition during the appro~cimate six hours of Plaintiff's labor admission: c. failing to evaluate a full term gravid patient whose fetal tracings were without accelerations and were with decreased variability: 5 d. failing to appreciate the detriment associated with the steadily declining fetal heart tones; and e. failing to intervene and perform a Caesarian section earlier, after the maternal- fetal resuscitation failed and variability of the fetal heart tones did not improve. 29. That as a result of the negligence of Dr. Stegman, as described in paragraph 28 above, Plaintiff and her unborn infant were exposed to an increased risk, which did occur. so that by the time of delivery the infant's health was severely compromised, with hypoxic encephalopathy which eventually caused his death. 30. That as a result of the negligence of Dr. Stegman, Plaintiff suffered the loss of her child, infant boy, Jhevien Quinn Roy Jackson, as well as suffering her own psychological and emotional distress, grief and depression. WHEREFORE, Plaintiff demands judgment against Dr. Stegman in an amount in excess of $50,000 together with interest and costs. COUNT II CHALLAINE JACKSON v. CENTER FOR WOMEN'S HEALTH VICARIOUS LIABILITY 3 ] . The averments contained in paragraphs 1-30 are hereby incorporated by reference. 32. At all times relevant to the subject matter of this Complaint. Plaintiff was a patient of the Center for Women's Health (hereinafter CWH) practice group. 33. Defendant Mark Stegman, M.D. was an employee and/or agent of CWH during the entirety of the Plaintiff's care, described above. ~~. Defendant CWH was negligent through the conduct of Dr. Stegman as specified in paragraph 28 above. 3>. The negligence of CWH increased the risk that Plaintiff would sustain the damages set forth herein and was a substantial factor in causing her fetus to undergo continued stress during labor, such that the infant was delivered with no heart tones and poor chance of survival. 36. As a direct and proximate result of the negligence of CWH, Plaintiff suffered the less of her infant son. WHEREFORE, Plaintiff demands judgment against the Center for Women's Health in an amount in excess of $50,000 together with interest and costs. COUNT III CHALLAINE JACKSON, INDIVIDUALLY and as Administratrix of the Est~-te of JHEVIEN OUINN ROY JACKSON vs. HOLY SPIRIT HOSPITAL NEGLIGENCE 37. The averments contained in paragraphs 1-36 are hereby incorporated by reference. 38. At all times relevant to the subject matter of this Complaint, Plaintiff was a patient admitted to Holy Spirit Hospital (hereinafter HSH), and under the care of their nursing, mid-wife, resident and hospitalist staff. 39. During the period of Plaintiff's admission to the Labor and Delivery department, Plaintiff was under the care of HSH staff, specifically J. Graham, R.N. and Nicole Brong. R.N. as well as M. Means, C.N.M., who provided direct care and reports to the physician. 40. Defendant HSH was negligent in that the labor nurses and midwife failed to recognize the significance of decreased variability with variable decelerations and an absence of fetal accelerations, with further negligence defined as inadequate communication about Plaintiff s condition with a qualified physician.. 41. Defendant HSH was negligent in the staff failed to recognize and appreciate the gravity of the non-reassuring fetal tracings over the course of approximately six hours, Gom midnight until six a.m. on 3/4/2012, so that fetal heart rates continuously declined over that period, until no heart tracings could be detected prior to Plaintiff's spinal anesthesia. 42. The negligence of HSH increased the risk that Plaintiff would sustain the damages set forth herein and was a substantial factor in causing the infant Jhevien Quinn Roy .lackson to be born with no heart tones and poor chance of survival. 43. As a direct and proximate result of the negligence of Holy Spirit Hospital staff, heretofore identified, Plaintiff suffered the loss of her infant son, Jhevian Quinn Roy Jackson. WHEREFORE, Plaintiff demands judgment against Holy Spirit Hospital in an amount in excess of $50,000 together with interest and costs. Date: / / ~ ~ Goldberg Katzman, P.C. A ril L. Strang-K ay, Esquire ID#:467 600-A Eden Roa Lancaster, PA 17601 (717) 509-6141 Attorney for Plaintiffs s VERIFICATION I, Challaine Jackson, acknowledge that I am a Plaintiff in this action and that I have read the foregoing document and that the facts stated therein are true and correct to the best of my kn~~wledge.. inf~~rmatirn~ and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. § X904, relating to unsworn falsification to authorities. Challaine .Iackson Uate: 1 ~ ._~, DICKIE,MCCAMEY&CHILCOTE,P.C. BY:Thomas M.Chairs,Esquire ATTORNEY FOR: DEFENDANTS ATTORNEY I.D.NO.78565 MARK F.STEGMAN,M.D.,CENTER FOR WOMEN'S BY:Aaron S.layman,Esquire HEALTH AND HOLY SPIRIT HOSPITAL ATTORNEY I.D.NO.85651 Plaza 21,Suite 302 425 North 21st Street Camp Hill,PA 17011 717-731-4800 (Tele) 888-811-7144 Fax CHALLAINE JACKSON, on her own Behalf, IN THE COURT OF COMMON PLEAS OF and as Administratrix of the Estate of CUMBERLAND COUNTY, PENNSYLVANIA Infant Child,JHEVIEN QUINN ROY JACKSON, NO. 12-7618 Plaintiff, CIVIL ACTION - MEDICAL NJ µtic V. MARK F. STEGMAN, M.D., CENTER FOR JURY TRIAL DEMANDED ' WOMEN'S HEALTH and HOLY SPIRIT r HOSPITAL, M" Defendants. NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN ANSWER WITH NEW MATTER WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE OF THIS PLEADING OR JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, DICKIE,MCCAMEY&CHILCOTE, P.C. Date: ARril 2. 2013 By: Thomas irs, Esquire Attorney I.D. No. 78565 Aaron S. Jayman, Esquire Attorney I.D. No. 85651 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011-2223 717-731-4800 Attorney for Defendants, Mark F. Stegman, M.D., Center for Women's Health and Holy Spirit Hospital 1553457.doc DICKIE, MCCAMEY&CHILCOTE, P.C. BY: Thomas M.Chairs,Esquire ATTORNEY FOR: DEFENDANT ATTORNEY I.D.NO. 78565 HOLY SPIRIT HOSPITAL BY:Aaron S.Jayman,Esquire ATTORNEY I.D.NO.85651 Plaza 21,Suite 302 425 North 21st Street Camp Hill,PA 17011 717-731-4800 (Tele) 888-811-7144 Fax CHALLAINE JACKSON, on her own Behalf, IN THE COURT OF COMMON PLEAS OF and as Administratrix of the Estate of CUMBERLAND COUNTY, PENNSYLVANIA Infant Child, JHEVIEN QUINN ROY JACKSON, NO. 12-7618 Plaintiff, CIVIL ACTION - MEDICAL V. MARK F. STEGMAN, M.D., CENTER FOR JURY TRIAL DEMANDED WOMEN'S HEALTH and HOLY SPIRIT HOSPITAL, Defendants. ANSWER WITH NEW MATTER OF DEFENDANT HOLY SPIRIT HOSPITAL TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant, Holy Spirit Hospital by and through its counsel, Dickie, McCamey & Chilcote, P.C. and files the within ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT as follows: 1. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in this paragraph and demands strict proof thereof at the time of trial. 2. This paragraph does not pertain to Answering Defendant and no further response is required. 3. This paragraph does not pertain to Answering Defendant and no further response is required. 4. Denied as stated. Answering Defendant, Holy Spirit Hospital, is a non-profit hospital located at 503 North 21St Street, Camp Hill, PA 17011. The remaining allegations are denied as conclusions of law and strict proof thereof is demanded at the time of trial. S. Admitted in part, denied in part. It is admitted that this a professional liability action brought against the Defendants in accordance with Pa.R.C.P. 1042.2. It is specifically denied that this professional liability action has any merit whatsoever. At all relevant times, Answering Defendant met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. 6.-17, Denied generally pursuant to Pa.R.C.P. 1029(e) and/or as legal and medical conclusions to which no responses are required and strict proof thereof is demanded at the time trial. By way of further response, Answering Defendant met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. FIRST CAUSE OF ACTION WRONGFUL DEATH CHALLAINE JACKSON.on her own Behalf,and as Administratrix of the Estate of Infant Child,JHEVIEN QUINN ROY JACKSON v. MARK F. STEGMAN. M.D.. CENTER FOR WOMEN'S HEALTH and HOLY SPIRIT HOSPITAL. 18. Paragraphs 1 through 17 set forth above are incorporated herein by reference as though set forth fully herein. 19. Denied as conclusion of law to which no responsive pleading is required and strict proof thereof is demanded at the time of trial. By way of further response,Answering Defendant was not negligent and did not cause or contribute to the injuries as alleged. 2 20. Denied as conclusion of law to which no responsive pleading is required and strict proof thereof is demanded at the time of trial. By way of further response, Answering Defendant was not negligent and did not cause or contribute to the injuries as alleged. 21. Denied. After reasonable investigation Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in this paragraph of Plaintiffs Complaint and demand strict proof thereof at the time of trial. SECOND CAUSE OF ACTION SURVIVAL CHALLAINE JACKSON, on her own Behalf, and as Administratrix of the Estate of Infant Child,JHEVIEN QUINN ROY JACKSON v. MARK F. STEGMAN, M.M. CENTER FOR WOMEN'S HEALTH and HOLY SPIRIT HOSPITAL. 22. Paragraphs 1 through 21 set forth above are incorporated herein by reference as though set forth fully herein. 23. Denied as conclusion of law to which no responsive pleading is required and strict proof thereof is demanded at the time of trial. By way of further response,Answering Defendant was not negligent and did not cause or contribute to the injuries as alleged. 24. Denied as conclusion of law to which no responsive pleading is required and strict proof thereof is demanded at the time of trial. By way of further response, Answering Defendant was not negligent and did not cause or contribute to the injuries as alleged. 25. Denied as conclusion of law to which no responsive pleading is required and strict proof thereof is demanded at the time of trial. By way of further response, Answering Defendant was not negligent and did not cause or contribute to the injuries as alleged. COUNT I 3 CHALLAINE JACKSON on her own Behalf, and as Administratrix of the Estate of Infant Child,JHEVIEN QUINN ROY JACKSON v. MARK F. STEGMAN, M.D. NEGLIGENCE 26.-30. These paragraphs do not pertain to Answering Defendant and no further response is required. To the extent that response is deemed necessary, these paragraphs are denied generally pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Answering Defendant, demands judgment in their favor and against Plaintiff with all allowable costs and attorneys fees. COUNTII CHALLAINE JACKSON v. CENTER FOR WOMEN'S HEALTH VICARIOUS LIABILITY 31.-36. These paragraphs do not pertain to Answering Defendant and no further response is required. To the extent that response is deemed necessary, these paragraphs are denied generally pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Answering Defendant, demands judgment in their favor and against Plaintiff with all allowable costs and attorney's fees. COUNT III CHALLAINE JACKSON on her own Behalf,and as Administratrix of the Estate of Infant Child.JHEVIEN QUINN ROY JACKSON v HOLY SPIRIT HOSPITAL NEGLIGENCE 37. Paragraphs 1 through 36 set forth above are incorporated herein by reference as though set forth fully herein. 4 38. Denied as a conclusion of law to which no responsive pleading is required and strict proof thereof is demanded at the time of trial. The general allegations of agency contained in this paragraph of Plaintiffs' Complaint are incapable of further response and strict proof thereof is demanded at the time of trial. By way of further response, Holy Spirit Hospital met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. 39. Denied as a conclusion of law to which no responsive pleading is required and strict proof thereof is demanded at the time of trial. By way of further response, the general allegations of agency contained in this paragraph of Plaintiffs' Complaint are incapable of further response and strict proof is demanded at the time of trial. Additionally, the Holy Spirit Hospital staff, specifically, J. Graham, R.N., Nicole Brong, R.N. and M. Means, C.N.M. met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. 40. Denied as a conclusion of law to which no responsive pleading is required and strict proof thereof is demanded at the time of trial. By way of further response, to the extent that this paragraph contains averments of fact, they are denied generally pursuant to Pa.R.C.P. 1029(e). Holy Spirit Hospital was not negligent. At all relevant times, the labor nurses and midwife and other staff met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. 41. Denied as a conclusion of law to which no responsive pleading is required and strict proof thereof is demanded at the time of trial. By way of further response, to the extent that this paragraph contains averments of fact, they are denied generally pursuant to Pa.R.C.P. 1029(e). Holy Spirit Hospital was not negligent. At all relevant times, the labor 5 nurses and midwife and other staff met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. 42. Denied as a conclusion of law to which no responsive pleading is required and strict proof thereof is demanded at the time of trial. By way of further response, to the extent that this paragraph contains averments of fact, they are denied generally pursuant to Pa.R.C.P. 1029(e). Holy Spirit Hospital was not negligent. At all relevant times, the labor nurses and midwife and other staff met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. 43. Denied as a conclusion of law to which no responsive pleading is required and strict proof thereof is demanded at the time of trial. By way of further response, to the extent that this paragraph contains averments of fact, they are denied generally pursuant to Pa.R.C.P. 1029(e). Holy Spirit Hospital was not negligent. At all relevant times, the labor nurses and midwife and other staff met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. WHEREFORE, Answering Defendant, demands judgment in their favor and against Plaintiff with all allowable costs and attorney's fees. NEW MATTER By way of further answer, Answering Defendant avers the following New Matter directed to Plaintiff: 44. The general allegations of agency contained in Plaintiffs Complaint are incapable of further response and strict proof thereof is demanded at the time trial. 45. Plaintiffs have failed to state a claim upon which relief can be granted. 6 46. Plaintiffs are responsible, in whole or in part, for the injuries alleged because Plaintiffs voluntarily and knowingly assumed the risk of the activities, and therefore, all claims resulting therefrom are barred. 47. Nothing Answering Defendant did or failed to do was the cause in fact or the proximate cause of any alleged injury or loss to Plaintiffs. 48. Plaintiffs' claims may be barred by the doctrines of assumption of the risk and contributory negligence or reduced by comparative negligence. 49. Plaintiffs' Complaint is barred or reduced by the provisions of the Pennsylvania Comparative Negligence Act, the relevant provisions of which are incorporated herein by referenced as though same were more fully set forth at length herein. 50. At all times material hereto, Answering Defendant provided treatment in accordance with the applicable standard of medical care at the time and place of treatment. 51. Plaintiffs have failed to mitigate any damages allegedly sustained. 52. Plaintiffs' claims and/or request for damages herein are limited and/or precluded by the doctrines of res judicata and/or collateral estoppel. 53. Plaintiffs' claims are barred by the applicable statute of limitations. 54. Plaintiffs have failed to plead facts sufficient to toll the applicable statute of limitations. 55. Plaintiffs' cause of action may be barred by the equitable doctrine of laches. 56. Plaintiffs' cause of action is subject to, and barred by the "Two Schools of Thought" Doctrine. 7 57. To the extent that discovery and/or investigation may reveal, Plaintiffs have granted accord and satisfaction to a judgment thereby barring a subsequent suit against any other defendant for the same injuries. 58. In accordance with Pennsylvania law, including the Medical Care Availability and Reduction of Error Act, Plaintiffs shall have no right to recover any amount, which was paid by a collateral source of compensation or benefits. 59. Plaintiffs may have entered into a release which has the effect of discharging Answering Defendant from this matter. 60. Upon information and belief, certain of Plaintiffs' bills for which Plaintiffs seeks to recover in this action that were paid or are payable under accident and health insurance, Blue Cross and Blue Shield, Worker's Compensation insurance, or other insurance. 61. Plaintiffs shall have no right to recover for any amount which was paid by a private, public, or gratuitous collateral source of compensation or benefits under such as instituted or amended by the Pennsylvania Medical Care Availability and Reduction of Error (MCARE) Act. 62. Plaintiffs' claims and/or request for damages is barred or limited by the provisions of the Medical Care Availability and Reduction of Error (MCARE) Act, Act. No. 13, House Bill No. 1802, 2202 Pa. ALS 13; 2002, Pa. Laws 13; 2001 Pa. HB 1802, as amended. 63. The general allegations of agency in the Complaint are incapable of further response and are specifically denied and strict proof thereof is demanded at the time of trial. 8 64. By way of further answer, Answering Defendant specifically reserves the right to plead hereafter as further New Matter those additional affirmative defenses, including, without limitation, those set forth in Pa.R.Civ.P. 1030, that continuing investigation, discovery in accordance with court rules, and the introduction of evidence at trial may render applicable to claims and causes of action declared upon Plaintiffs in the Complaint. WHEREFORE, Answering Defendant demands judgment in their favor and against Plaintiffs with all allowable costs and attorney's fees. Respectfully Submitted, DICKIE, MCCAMEY&CHILCOTE, P.C. Date: April 2. 2013 By: Thomas hairs, Esquire Attorney I.D. No. 78565 Aaron S. Jayman, Esquire Attorney I.D. No. 85651 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011-2223 717-731-4800 Attorney for Defendant, Holy Spirit Hospital 9 Verification-HSH VERIFICATION I, Ellen Feidt, R.N., Director, Risk Management, hereby verify that the facts set forth in the foregoing Answer with New Matter to Plaintiffs' Complaint are true and correct to the best of my knowledge,information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904,relating to unsworn falsification to authorities. Date: �. G�� G�ar'Jt'�,` j•'fl� Ellen Feidt,R.N.,Director,Risk Management On behalf of Holy Spirit Hospital 1 1 3 3 V� f CERTIFICATE OF SERVICE AND NOW,April 2, 2013, I,Aaron S. Jayman, Esquire, hereby certify that 1 did serve a true and correct copy of the foregoing ANSWER WITH NEW MATTER OF DEFENDANT, HOLY SPIRIT HOSPITAL upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: April L. Strang-Kutay, Esquire GOLDBERG KATZMAN, P.C. 600-A Eden Road Lancaster, PA 17601 (Counsel for Plaintiff) Aaroo()mMan, Esquire DICKIE,MCCAMEY&CHILCOTE,P.C. BY:Thomas M.Chairs,Esquire ATTORNEY FOR: DEFENDANTS ATTORNEY I.D.NO.78565 MARK F.STEGMAN,M.D.,CENTER FOR WOMEN'S BY:Aaron S.layman,Esquire HEALTH AND HOLY SPIRIT HOSPITAL ATTORNEY I.D. NO.85651 Plaza 21,Suite 302 425 North 21st Street Camp Hill,PA 17011 717-731-4800 (Tele) 888-811-7144 Fax CHALLAINE JACKSON, on her own Behalf, IN THE COURT OF COMMON PLEAS OF and as Administratrix of the Estate of CUMBERLAND COUNTY, PENNSYLVANIA Infant Child, JHEVIEN QUINN ROY JACKSON, NO. 12-7618 v 2" Plaintiff, CIVIL ACTION - MEDICAL w V. MARK F. STEGMAN, M.D., CENTER FOR JURY TRIAL DEMANDED r• WOMEN'S HEALTH and HOLY SPIRIT HOSPITAL, Defendants. NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN ANSWER WITH NEW MATTER WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE OF THIS PLEADING OR JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, DICKIE, MCCAMEY&CHILCOTE, P.C. Date: April 2. 2013 By: h&vu�-- Thomas irs, Esquire Attorney,lbo. 78565 Aaron S. Jayman, Esquire Attorney I.D. No. 85651 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011-2223 717-731-4800 Attorney for Defendants, Mark F. Stegman, M.D., Center for Women's Health and Holy Spirit Hospital 1552670.doc DICKIE,MCCAMEY&CHILCOTE,P.C. ATTORNEY FOR: DEFENDANTS BY: Thomas M.Chairs, Esquire MARK F.STEGMAN, M.D.,CENTER FOR ATTORNEY I.D.NO.78565 WOMEN'S HEALTH AND HOLY SPIRIT BY:Aaron S.layman,Esquire HOSPITAL ATTORNEY I.D.NO.85651 Plaza 21,Suite 302 425 North 21st Street Camp Hill,PA 17011 717-731-4800 (Tele) 888-811-7144 Fax CHALLAINE JACKSON, on her own Behalf, IN THE COURT OF COMMON PLEAS OF and as Administratrix of the Estate of CUMBERLAND COUNTY, PENNSYLVANIA Infant Child,JHEVIEN QUINN ROY JACKSON, NO. 12-7618 Plaintiffs, CIVIL ACTION MEDICAL V. MARK F. STEGMAN, M.D., CENTER FOR JURY TRIAL DEMANDED WOMEN'S HEALTH and HOLY SPIRIT HOSPITAL, Defendants. ANSWER WITH NEW MATTER OF DEFENDANTS,MARK F.STEGMAN M.D.AND CENTER FOR WOMEN'S HEALTH TO PLAINTIFFS'COMPLAINT AND NOW, come Defendants, Mark F. Stegman, M.D. and Center for Women's Health (collectively referred to hereinafter as "Answering Defendants") by and through their counsel, Dickie, McCamey& Chilcote, P.C. and file the within ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT as follows: 1. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in this paragraph and demand strict proof thereof at the time of trial. 2. It is admitted that during the times referenced in the Complaint, Dr. Stegman was a physician licensed under the laws of the Commonwealth of Pennsylvania with a principle place of business at 423 North 21St Street, Camp Hill, PA 17011. 3. Denied. Center for Women's Health is not a legal entity, did not provide medical care and is not a proper party to this action. 4. This paragraph does not pertain to Answering Defendants and on response is required. 5. Admitted in part, denied in part. It is admitted that this a professional liability action brought against the Defendants in accordance with Pa.R.C.P. 1042.2. It is specifically denied that this professional liability action has any merit whatsoever. At all relevant times, Answering Defendants met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. 6.-17. Denied generally pursuant to Pa.R.C.P. 1029(e) and/or as legal and medical conclusions to which no responses are required and strict proof thereof is demanded at the time trial. By way of further response, Answering Defendants met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. FIRST CAUSE OF ACTION WRONGFUL DEATH CHALLAINE JACKSON on her own Behalf, and as Administratrix of the Estate of Infant Child 1HEVIEN QUINN ROY JACKSON v MARK F STEGMAN M D CENTER FOR WOMEN'S HEALTH and HOLY SPIRIT HOSPITAL 18. Paragraphs 1 through 17 set forth above are incorporated herein by reference as though set forth fully herein. 2 19. Denied as conclusion of law to which no responsive pleading is required and strict proof thereof is demanded at the time of trial. By way of further response,Answering Defendants were not negligent and did not cause or contribute to the injuries as alleged. 20. Denied as conclusion of law to which no responsive pleading is required and strict proof thereof is demanded at the time of trial. By way of further response,Answering Defendants were not negligent and did not cause or contribute to the injuries as alleged. 21. Denied. After reasonable investigation Answering Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in this paragraph of Plaintiff's Complaint and demand strict proof thereof at the time of trial. SECOND CAUSE OF ACTION SURVIVAL CHALLAINE JACKSON on her own Behalf,and as Administratrix of the Estate of Infant Child JHEVIEN QUINN ROY JACKSON y MARK F STEGMAN M D CENTER FOR WOMEN'S HEALTH and HOLY SPIRIT HOSPITAL 22. Paragraphs 1 through 21 set forth above are incorporated herein by reference as though set forth fully herein. 23. Denied as conclusion of law to which no responsive pleading is required and strict proof thereof is demanded at the time of trial. By way of further response,Answering Defendants were not negligent and did not cause or contribute to the injuries as alleged. 24. Denied as conclusion of law to which no responsive pleading is required and strict proof thereof is demanded at the time of trial. By way of further response,Answering Defendants were not negligent and did not cause or contribute to the injuries as alleged. 3 25. Denied as conclusion of law to which no responsive pleading is required and strict proof thereof is demanded at the time of trial. By way of further response, Answering Defendants were not negligent and did not cause or contribute to the injuries as alleged. COUNT CHALLAINE JACKSON on her own Behalf and as Administratrix of the Estate of Infant Child jHEVIEN QUINN ROY JACKSON v MARK F STEGMAN M.D. NEGLIGENCE 26. Answering Defendant hereby incorporates by reference paragraphs 1 through 25 above as if set forth fully herein. 27. Denied as a conclusion of law to which no responsive pleading is required and strict proof thereof is demanded at the time of trial. By way of further response, Dr. Stegman met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. 28.(a)-(d). Denied. This paragraph and corresponding subparagraphs of Plaintiffs' Complaint are denied as medical and legal conclusions to which no responsive pleading is required and strict proof thereof is demanded at the time of trial. By way of further response, to the extent that this paragraph and corresponding subparagraphs contain averments of fact, they are denied generally pursuant to Pa.R.C.P. 1029(e). In addition, Dr. Stegman was not negligent in his care and treatment of the Plaintiffs. At all relevant times, Dr. Steman met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. 29. Denied. This paragraph of Plaintiffs' Complaint is denied as a medical and legal conclusion to which no responsive pleading is required and strict proof thereof is 4 demanded at the time of trial. By way of further response, to the extent that this paragraph contains averments of fact, they are denied generally pursuant to Pa.R.C.P. 1029(e). In addition, Dr. Stegman was not negligent in his care and treatment of the Plaintiffs. At all relevant times, Dr. Steman met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. 30. Denied. This paragraph of Plaintiffs' Complaint is denied as a medical and legal conclusions to which no responsive pleading is required and strict proof thereof is demanded at the time of trial. By way of further response, to the extent that this paragraph contains averments of fact, they are denied generally pursuant to Pa.R.C.P. 1029(e). In addition, Dr. Stegman was not negligent in his care and treatment of the Plaintiffs. At all relevant times, Dr. Steman met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. WHEREFORE, Answering Defendants, demand judgment in their favor and against Plaintiff with all allowable costs and attorneys fees. COUNT II CHALLAINE JACKSON v. CENTER FOR WOMEN'S HEALTH VICARIOUS LIABILITY 31. Answering Defendant hereby incorporates by reference paragraphs 1 through 30 above as if set forth fully herein. 32. Denied. Center for Women's Health is not a legal entity, did not provide medical care and is not a proper party to this action. 33. Denied. Dr. Stegman was employed by Spirit Physician Services, Inc. during the entirety of Plaintiffs care described in the Complaint. 5 34. Denied as a conclusion of law to which no responsive pleading is required and strict proof thereof is demanded at the time of trial. By way of further response, it is specifically denied that CWH was negligent through the conduct of Dr. Stegman. At all relevant times Dr. Stegman and CWH met or exceeded the standard of care and at no time caused or contributed to the injuries alleged. As set forth above, Center for Women's Health is not a legal entity, did not provide medical care and is not a proper party to this action. 35. Denied as a conclusion of law to which no responsive pleading is required and strict proof thereof is demanded at the time of trial. It is specifically denied that CWH was negligent. At all relevant times, CWH met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. If this paragraph contains averment of fact, they are denied generally pursuant to Pa.R.C.P. 1029(e). As set forth above, Center for Women's Health is not a legal entity, did not provide medical care and is not a proper party to this action. 36. Denied as a conclusion of law to which no responsive pleading is required and strict proof thereof is demanded at the time of trial. It is specifically denied that CWH was negligent. At all relevant times, CWH met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. As set forth above, Center for Women's Health is not a legal entity, did not provide medical care and is not a proper party to this action. WHEREFORE, Answering Defendants, demand judgment in their favor and against Plaintiff with all allowable costs and attorney's fees. 6 COUNT III CHALLAINE IACKSON on her own Behalf,and as Administratrix of the Estate of Infant Child JHEVIEN QUINN ROY JACKSON v HOLY SPIRIT HOSPITAL NEGLIGENCE 37.-43. These paragraphs of Plaintiffs' Complaint do not pertain to Answering Defendants and no further response is required. To the extent a response is deemed necessary, the allegations contained in these paragraphs are denied generally pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Answering Defendants, demand judgment in their favor and against Plaintiff with all allowable costs and attorney's fees. NEW MATTER By way of further answer, Answering Defendant avers the following New Matter directed to Plaintiff: 44. Plaintiffs have failed to state a claim upon which relief can be granted. 45. Plaintiffs are responsible, in whole or in part, for the injuries alleged because Plaintiffs voluntarily and knowingly assumed the risk of the activities, and therefore, all claims resulting therefrom are barred. 46. Center for Women's Health is not a legal entity, did not provide medical care and is not a proper party to this action. 47. Nothing Answering Defendants did or failed to do was the cause in fact or the proximate cause of any alleged injury or loss to Plaintiffs. 48. Plaintiffs' claims may be barred by the doctrines of assumption of the risk and contributory negligence or reduced by comparative negligence. 7 49. Plaintiffs' Complaint is barred or reduced by the provisions of the Pennsylvania Comparative Negligence Act, the relevant provisions of which are incorporated herein by referenced as though same were more fully set forth at length herein. 50. At all times material hereto, Answering Defendants provided treatment in accordance with the applicable standard of medical care at the time and place of treatment. 51. Plaintiffs have failed to mitigate any damages allegedly sustained. 52. Plaintiffs' claims and/or request for damages herein are limited and/or precluded by the doctrines of res judicata and/or collateral estoppel. 53. Plaintiffs' claims are barred by the applicable statute of limitations. 54. Plaintiffs have failed to plead facts sufficient to toll the applicable statute of limitations. 55. Plaintiffs' cause of action may be barred by the equitable doctrine of]aches. 56. Plaintiffs' cause of action is subject to, and barred by the "Two Schools of Thought" Doctrine. 57. To the extent that discovery and/or investigation may reveal, Plaintiffs have granted accord and satisfaction to a judgment thereby barring a subsequent suit against any other defendant for the same injuries. 58. In accordance with Pennsylvania law, including the Medical Care Availability and Reduction of Error Act, Plaintiffs shall have no right to recover any amount, which was paid by a collateral source of compensation or benefits. 59. Plaintiffs may have entered into a release which has the effect of discharging Answering Defendants from this matter. 8 60. Upon information and belief, certain of Plaintiffs' bills for which Plaintiffs seeks to recover in this action that were paid or are payable under accident and health insurance, Blue Cross and Blue Shield, Worker's Compensation insurance, or other insurance. 61. Plaintiffs shall have no right to recover for any amount which was paid by a private, public, or gratuitous collateral source of compensation or benefits under such as instituted or amended by the Pennsylvania Medical Care Availability and Reduction of Error (MCARE) Act. 62. Plaintiffs' claims and/or request for damages is barred or limited by the provisions of the Medical Care Availability and Reduction of Error (MCARE) Act, Act. No. 13, House Bill No. 1802, 2202 Pa. ALS 13; 2002, Pa. Laws 13; 2001 Pa. HB 1802, as amended. 63. The general allegations of agency in the Complaint are incapable of further response and are specifically denied and strict proof thereof is demanded at the time of trial. 64. By way of further answer, Answering Defendants specifically reserve the right to plead hereafter as further New Matter those additional affirmative defenses, including, without limitation, those set forth in Pa.R.Civ.P. 1030, that continuing investigation, discovery in accordance with court rules, and the introduction of evidence at trial may render applicable to claims and causes of action declared upon Plaintiffs in the Complaint. WHEREFORE, Answering Defendants demand judgment in their favor and against Plaintiffs with all allowable costs and attorney's fees. 9 Respectfully Submitted, DICKIE, MCCAMEY&CHILCOTE, P.C. Date: April 2. 2013 By: A � Thomas M. Chairs, Esquire Attorney I.D. No. 78565 Aaron S. Jayman, Esquire Attorney I.D. No. 85651 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011-2223 717-731-4800 Attorney for Defendants, Mark F. Stegman, M.D., Center for Women's Health and Holy Spirit Hospital 10 1S�3534 doc VERIFICATION I, Mark F. Stegman, M.D., hereby verify that the facts set forth in the foregoing Answer with New Matter to Plaintiffs' Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Mark F. Stegman, M. CERTIFICATE OF SERVICE AND NOW,April 2, 2013, I,Aaron S. Jayman, Esquire, hereby certify that I did serve a true and correct copy of the foregoing ANSWER WITH NEW MATTER OF DEFENDANTS MARK F. STEGMAN, M.D. AND CENTER FOR WOMEN'S HEALTH upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: April L. Strang-Kutay, Esquire GOLDBERG KATZMAN, P.C. 600-A Eden Road Lancaster, PA 17601 (Counsel for Plaintiff) Aww�- Aaron . J n, Esquire �! ED-OFFICE GOLDBERG,KATZMAN,P.C. THE PRO TNONO TAfi April L.Strang-Kutay-I.D.No.46728 600-A Eden Road 1013 APR -9 PM Lancaster,PA 17601 (717)509-6141 CUMBERLAND COUNTY Attorneys for Plaintiff PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION-LAW CHALLAINE JACKSON, on her own Behalf, and as Administratrix of the Estate of Infant Child, Jhevien Quinn Roy Jackson : Medical Professional Liability Action Plaintiffs No. 12-7618 MARK F. STEGMAN, M.D., CENTER FOR WOMEN'S HEALTH, and HOLY SPIRIT HOSPITAL JURY TRIAL DEMANDED Defendants PLAINTIFF'S RESPONSE TO DEFENDANTS' NEW MATTER 44. Paragraph 44 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 45. Paragraph 45 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 46. Paragraph 46, concerning the status of the Center for Women's Health, is to be determined during the course of this litigation. 47. Paragraph 47 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 48. Paragraph 48 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 49. Paragraph 49 is denied. 100642054;v1} 50. Paragraph 50 is denied. 51. Paragraph 51 is denied. 52. Paragraph 52 is denied. 53. Paragraph 53 is denied as to the application of the statute of limitations. 54. Paragraph 54 is denied. 55. Paragraph 55 contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 56. Paragraph 56, concerning the "two schools of thought"defense, contains a conclusion of law which requires no response. To the extent that an answer is deemed necessary, a denial is made. 57. Paragraph 57 is denied. 58. Paragraph 58 concerning the right of recovery,requires no response. 59. Paragraph 59 is denied as inapplicable. 60. Paragraph 60 is denied. 61. Paragraph 61 is denied. 62. Paragraph 62 requires no response. To the extent that a response is necessary, Plaintiff's claims will be prosecuted to the fullest extent of the law. 63. Paragraph 63 requires no response. To the extent that a response is necessary, a denial is made. 64. Paragraph 64 requires no response. To the extent that a response is necessary, a denial is made. {00642054;v1} M �• WHEREFORE, answering Plaintiff demands judgment in her favor and against Defendants with all allowable costs and fees. Respectfully submitted: GOLDBERG KATZMAN, P.C. By: Dated: 5 / Apri L. trang-K squire {00642054;v1} CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lancaster, Pennsylvania, with first-class postage prepaid on the_ day of AAk , 2013, addressed to the following: Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P. C. Plaza 21, Suite 302 425 N. 21St Street Camp Hill, PA 17011-3700 B : Y Ellen Patton, Paralegal for April L. Strang-Kutay, Esquire {00633025;v1} GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff '7' FILED -OFFICE r� ICL OF THE PROTHONOTARY iAR,1 2C11117 21 PM: 50 CUNK r,LA D COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHALLAINE JACKSON, Plaintiff MARK F. STEGMAN, M.D., CENTER FOR WOMEN'S HEALTH, and HOLY SPIRIT HOSPITAL Defendants Medical Professional Liability Action No.: 12-7618 JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 or 1-800-990-9108 {00727818;v1) GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHALLAINE JACKSON, Plaintiff Medical Professional Liability Action No.: 12-7618 MARK F. STEGMAN, M.D., CENTER FOR WOMEN'S HEALTH, and HOLY SPIRIT HOSPITAL JURY TRIAL DEMANDED Defendants NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 or 1-800-990-9108 {00727818;v1} GOLDBERG, KATZMAN, P.C. April L. Strang-Kutay - I.D. No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHALLAINE JACKSON, Plaintiff Medical Professional Liability Action No.: 12-7618 MARK F. STEGMAN, M.D., CENTER FOR WOMEN'S HEALTH, and HOLY SPIRIT HOSPITAL JURY TRIAL DEMANDED Defendants FIRST AMENDED COMPLAINT AND NOW, comes the Plaintiff, Challaine Jackson, by her attorneys, Goldberg Katzman, P.C., who respectfully represents as follows: PARTIES TO THE CAUSE OF ACTION 1. Challaine Jackson is an adult individual who resides at 3962 Green Street, Harrisburg, PA 17110. 2. Defendant, Mark F. Stegman, M.D. is a physician licensed under the laws of the Commonwealth of Pennsylvania with a principal place of business at 423 N. 21st Street, Camp Hill, PA 17011. 3. The Center for Women's Health is a medical practice group, licensed under the laws of the Commonwealth of Pennsylvania, with a principal place of business at 423 N. 21st Street, Camp Hill, PA 17011. {00727818;v1} 4. Defendant Holy Spirit Hospital is a medical institution licensed under the laws of the Commonwealth of Pennsylvania with a principal place of business at 503 N. 21st Street, Camp Hill, PA 17011. STATEMENT OF LIABILITY 5. In accordance with Pa.R.C.P. 1042.2, this is a professional liability action brought against the Defendants in this action. STATEMENT OF FACTS 6. Plaintiff Challaine Jackson (hereinafter Plaintiff), then age 25 and at full term pregnancy, presented to Labor and Deliver at the Holy Spirit Hospital on March 3, 2012 with complaints of headache and decreased fetal movement. 7. On or about March 3, 2012, at approximately 7:50 p.m., Plaintiff was admitted for mild pre-eclampsia and further evaluation, which included blood pressure measured at 156/92, and fetal monitoring which revealed a fetal heart rate of 150 beats per minute, but decreased variability and no fetal accelerations. Other significant history included large gestational age infant, history of prior Caesarian section, recent 24 hour urine with 945 mg protein, and Sickle cell trait. (00727818;v112 8. At the time of this initial evaluation, Plaintiff was seen by hospital nurses, including J. Graham, R.N. and Nicole Brong, R.N., who interpreted the fetal monitoring strips, and then treated Plaintiff with maternal -fetal resuscitation using oxygen, as well as providing I.V. fluids and positioning of the mother in a left lateral position. 9. At the time of admission, no active labor was detected, so the plan included use of low dose Pitocin for cervical ripening, with blood glucoses every two hours until active labor. 10. A second patient face sheet indicates that Plaintiff was admitted at 21:50, and registered at 22:14; further records show that Plaintiff's labor record began at 00:10, with Foley bulb catheter for low dose Pitocin for cervical ripening, noting category II fetal heart tones. 11. Over the ensuing six hours of March 3, 2012 into the morning hours of March 4, 2012, nursing staff made phone calls to Dr. Stegman at 01:18 and 05:04 to report glucose levels, while during this period fetal heart tracings were non-reassuring, and continued to show decreased variability with no fetal accelerations. 12. By telephone order, Dr. Stegman ordered insulin for Plaintiff at 04:55 on 3/4/12. 13. At or about 06:09, the Pitocin that had been started at midnight was stopped because of the non-reassuring fetal heart tracings. 14. At or about 06:13, Dr. Stegman was notified by phone that the fetal heart tracing, which had steadily declined, was worsening and becoming difficult to detect. 15. At or about 06:20, Dr. Stegman saw the patient to evaluate non-reassuring fetal heart tracings, with baseline rates varying between 80's — 110's over 1 — 2 minutes, but with no discernable contractions. The plan was for urgent repeat Caesarian section. {00727818;v1}3 16. At or about 07:00, Caesarian section was performed with delivery of an infant baby boy whose Apgars were 0/0/2 (20 minutes). 17. On or about March 4, 2012, baby boy Jackson was transferred to the NICU at Hershey Medical Center, where his demise was imminent, and did occur on March 8, 2012. COUNTI CHALLAINE JACKSON VS. MARK STEGMAN, M.D. NEGLIGENCE 18. Paragraphs 1-17 are hereby incorporated by reference. 19. At all times relevant to the subject matter of this Complaint, Plaintiff was a patient of Dr. Stegman, receiving treatment and interventions based on her medical requirements. 20. That Dr. Stegman was negligent in his care and treatment of the Plaintiff by: a. permitting the administration of Pitocin when the fetal heart tones were non- reassuring; b. failing to monitor and assure adequate assessment of the fetal condition during the approximate six hours of Plaintiff's labor admission; c. failing to evaluate a full term gravid patient whose fetal tracings were without accelerations and were with decreased variability; d. failing to appreciate the detriment associated with the steadily declining fetal heart tones; and e. failing to intervene and perform a Caesarian section earlier, after the maternal - fetal resuscitation failed and variability of the fetal heart tones did not improve. 21. That as a result of the negligence of Dr. Stegman, as described in paragraph 20 above, Plaintiff and her unborn infant were exposed to an increased risk, which did occur, so that (00727818;v1}4 by the time of delivery the infant's health was severely compromised, with hypoxic encephalopathy which eventually caused his death. 22. That as a result of the negligence of Dr. Stegman, Plaintiff suffered psychological and emotional distress, grief and depression. WHEREFORE, Plaintiff demands judgment against Dr. Stegman in an amount in excess of $50,000 together with interest and costs. COUNT II CHALLAINE JACKSON v. CENTER FOR WOMEN'S HEALTH VICARIOUS LIABILITY 23. The averments contained in paragraphs 1-22 are hereby incorporated by reference. 24. At all times relevant to the subject matter of this Complaint, Plaintiff was a patient of the Center for Women's Health (hereinafter CWH) practice group. 25. Defendant Mark Stegman, M.D. was an employee and/or agent of CWH during the entirety of the Plaintiff's care, described above. 26. Defendant CWH was negligent through the conduct of Dr. Stegman as specified in paragraph 20 above. 27. The negligence of CWH increased the risk that Plaintiff would sustain the damages set forth herein and was a substantial factor in causing her fetus to undergo continued stress during labor, such that the infant was delivered with no heart tones and poor chance of survival. 28. As a direct and proximate result of the negligence of CWH, Plaintiff suffered severe mental anguish and grief. {00727818;v1}5 WHEREFORE, Plaintiff demands judgment against the Center for Women's Health in an amount in excess of $50,000 together with interest and costs. COUNT III CHALLAINE JACKSON vs. HOLY SPIRIT HOSPITAL NEGLIGENCE 29. The averments contained in paragraphs 1-28 are hereby incorporated by reference. 30. At all times relevant to the subject matter of this Complaint, Plaintiff was a patient admitted to Holy Spirit Hospital (hereinafter HSH), and under the care of their nursing, mid -wife, resident and hospitalist staff 31. During the period of Plaintiff's admission to the Labor and Delivery department, Plaintiff was under the care of HSH staff, specifically J. Graham, R.N. and Nicole Brong, R.N. as well as M. Means, C.N.M., who provided direct care and reports to the physician. 32. Defendant HSH was negligent in that the labor nurses and midwife failed to recognize the significance of decreased variability with variable decelerations and an absence of fetal accelerations, with further negligence defined as inadequate communication about Plaintiff's condition with a qualified physician. 33. Defendant HSH was negligent in the staff failed to recognize and appreciate the gravity of the non-reassuring fetal tracings over the course of approximately six hours, from midnight until six a.m. on 3/4/2012, so that fetal heart rates continuously declined over that period, until no heart tracings could be detected prior to Plaintiff's spinal anesthesia. {00727818;v1}6 34. The negligence of HSH increased the risk that Plaintiff would sustain the damages set forth herein and was a substantial factor in causing the infant Jhevien Quinn Roy Jackson to be born with no heart tones and poor chance of survival. 35. As a direct and proximate result of the negligence of Holy Spirit Hospital staff, heretofore identified, Plaintiff suffered severe mental anguish and grief. WHEREFORE, Plaintiff demands judgment against Holy Spirit Hospital in an amount in excess of $50,000 together with interest and costs. Goldberg Katzman, P.C. Date: I&/l r ? TV April . Strang -K ". y, Esquire ID#: 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 Attorney for Plaintiffs {00727818;v1}7 VERIFICATION I, Challaine Jackson, acknowledge that I am a Plaintiff in this action and that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: ll- aom Challaine Jackson 9 44--)ao CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lancaster, Pennsylvania, with first-class postage prepaid on this day, addressed to the following: Date: \\ la IaOiN\ (00727819;v1} Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P. C. Plaza 21, Suite 302 425 N. 21St Street Camp Hill, PA 17011-3700 Amber Kavanagh