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Home My WebLink About05-0670 ()S - 076 CDL 'EAwt. NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE 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 of Pennsylvania Court Administrator Cumberland County Court House, 4th Floor Carlisle, PA 17013 717 -240-6200 Lawyer Referral Service Cumberland County Court House, 4th Floor Carlisle, PA 17013 717-240-6200 Shrager, Spivey & Sachs By: Wayne R. Spivey, Esquire Identification Numbers: 31017 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568.7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, 619 Robert Street Mechanicsburg, P A 17055 and 209 Reilly Street Harrisburg, PA 17102 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiffs : No.: OK- (".7{) C .weLT (Ju/1 vs. GEORGE E. JEFFERIES, M.D., 890 Poplar Church Road Camp Hill, P A 17011 and KUNDU N. SAMBHU, M.D., 890 Poplar Church Road Camp Hill, P A 17011 and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. 890 Poplar Church Road Camp Hill, P A 17011 Defendants. CIVIL ACTION COMPLAINT .1- CIVIL ACTION COMPLAINT Plaintiffs, by their attorneys, Shrager, Spivey & Sachs, hereby demands damages of defendants herein, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest, costs, and damages for prejudgment delay upon causes of action whereof the following are statements: I. Plaintiffs, Taylor Maher, a minor, by and through Jessica Pfuhl and Jeremy Maher, her parents and natural guardians, are citizens of the Commonwealth of Pennsylvania, residing therein at 619 Roberts Street, Mechanicsburg, Pennsylvania, County of Cumberland, and 209 Reilly Street, Harrisburg, Pennsylvania, County of Dauphin, respectively. 2. Defendant, George E. Jefferies, M.D., (hereinafter "Dr. Jefferies"), an adult individual, is a citizen and resident of the Commonwealth of Pennsylvania and at all times pertinent hereto has been engaged in the practice of medicine, with an office and place of business located therein at 890 Poplar Church Road in Camp Hill, County of Cumberland. 3. At all times pertinent hereto, Dr. Jefferies was engaged in the practice of medicine, pursing the specialty of obstetrics/gynecology, and was obliged to bring to bear in the practice of his profession the professional skills, knowledge, and experience which he possessed or was obliged to possess, and to pursue her profession in accordance with reasonably safe and acceptable standards of care, in general, and obstetrics/gynecology, in particular. -2- 4. Defendant, Kundu N. Sambhu, M.D., (hereinafter "Dr. Sambhu"), an adult individual, is a citizen and resident of the Commonwealth of Pennsylvania and at all times pertinent hereto has been engaged in the practice of medicine, with an office and place of business located therein at 890 Poplar Church Road in Camp Hill, County of Cumberland. 5. At all times pertinent hereto, Dr. Sambhu was engaged in the practice of medicine, pursing the specialty of obstetrics/gynecology, and was obliged to bring to bear in the practice of his profession the professional skills, knowledge, and experience which he possessed or was obliged to possess, and to pursue her profession in accordance with reasonably safe and acceptable standards of care, in general, and obstetrics/gynecology, in particular. 6. Defendant, Central Pennsylvania Obstetrics-Gynecology, Inc. (hereinafter "Central Pa. Ob-Gyn"), is an incorporated entity, organized and existing under the laws of Pennsylvania, with an office and place of business located therein at 890 Poplar Church Road in Camp Hill, County of Cumberland. 7. At all times pertinent hereto, Central Pa. Ob-Gyn acted through its agents, apparent agents, servants, and/or employees, including Dr. Jefferies and Dr. Sambhu, and was responsible for the care and treatment rendered to the plaintiffs. At all times pertinent hereto, the agents, servants, and/or employees of Central Pa. Ob-Gyn, heretofore and hereinafter identified, were acting within the course and scope of their employment, agency or apparent agency in conjunction with the care and treatment rendered to the plaintiffs, as described in detail below. .3- 8. In addition to Dr. Jefferies and Dr. Sambhu, Central Pa. Ob-Gyn's agents, servants and employees included any other medical treatment providers employed by Central Pa. Ob-Gyn not specifically named herein nor readily identifiable in the medical records who rendered, or undertook to render, medical care and treatment to the plaintiffs, as set forth below, including the nurses or administrative staff who cannot reasonably be identified from the records without conducting reasonable discovery. FACTUAL BACKGROUND 9. In or around April of2001, plaintiff, Jessica Pfuhl, became pregnant with her first child. 10. In or around May of2001, Ms. Pfuhl came under the care of Dr. Jefferies, Dr. Sambhu and Central Pa. Ob-Gyn. 11. On or about June 11,2001 an ultrasound performed on Ms. Pfuhl, at twelve (12) weeks gestation, revealed a bicornuate uterus. No specific treatment was given with respect to this diagnosis. 12. On or about September 14,2001, Ms. Pfuhl, at approximately twenty five (25) weeks gestation, presented to the offices of Central Pa. Ob-Gyn with complaints of pinkish vaginal discharge and suprapubic pressure. Dr. Jefferies made a diagnosis of probable urinary tract infection and started Ms. Pfuhl on the antibiotic Macrobid. -4- 13. During this office visit, Ms. Pfuhl informed Dr. Jefferies that she had plans to go to Johnstown Pennsylvania for the weekend and asked him ifthere were any problems or concerns with her making this trip. 14. Dr. Jefferies approved Ms. Pfuhl's trip to Johnstown and scheduled her for an ultrasound to be performed at his office on September 17, 2001. 15. On or about the early morning hours of September IS, 2001, Ms. Pfuhl developed bleeding and pain while in Johnstown (Pa.) and went to Conemaugh Memorial Medical Center. 16. Upon her arrival to Conemaugh Memorial Medical Center, Ms. Pfuhl was 10 centimeters dilated and diagnosed with placental abruption. 17. Shortly thereafter, an emergent cesarean section delivery was performed and Ms. Pfuhl delivered her daughter, Taylor Maher, a severely premature infant weighing I lb. 12 oz. at birth. 18. Taylor Maher was diagnosed with multiple complications associated with her severe prematurity at birth. 19. On or about October 14, 2001, Taylor Maher was transferred to Hershey Medical Center for patent ductus arteriosus ("PDA") repair surgery. -5- 20. Following the PDA surgical repair, Taylor Maher remained at Hershey Medical Center for several months for the management and treatment of the multiple complications associated with her severely premature delivery. 21. As a result of the tortious conduct of the defendants, as more particularly hereinafter set forth, Taylor Maher has suffered and continues from injuries which are serious and permanent in nature including, but not limited to, significant and profound physical and mental developmental delay due to severe prematurity at birth. 22. As a further result of defendants' tortious conduct, Taylor Maher has suffered and will continue to suffer for an indefinite time in the future, severe physical pain, mental suffering, physical disability and disfigurement, depression, mental distress and anguish and severe shock to her nerves and nervous system. 23. As a further result of defendants' tortious conduct, Taylor Maher has suffered economic losses in the form of permanent impairment of earning capacity and she will continue to suffer such loss for an indefinite time. 24. As a further result of defendants' tortious conduct, Taylor Maher has been unable to properly attend to her usual daily duties, occupations, labors, leisure pursuits and she will continue to be unable to do so for an indefinite time. -6- 25. As a further result of defendants' tortious conduct, Taylor Maher has suffered a significant loss in her enjoyment ofthe pleasures oflife and will continue to suffer such loss for an indefinite time. 26. As a further result of defendants' tortious conduct, all plaintiffs have incurred significant expenses for medical treatment, medical consultations, rehabilitation and other related expenses in an effort to treat the minor-plaintiffs condition and to maximize her rehabilitation, and they will continue to incur such expenses for an indefinite time. COUNT I 27. Paragraphs I through 26 are herein incorporated by reference as though fully set forth at length herein. 28. The negligence of defendants, Dr. Jefferies and Dr. Sambhu, in their individual capacities and in their capacities as actual or ostensible agents, servants and/or employees of defendant, Central Pa. Ob-Gyn, consisted ofthe following: (a) failing to perform an adequate physical examination on Jessica Pfuhl on September 14,2001 when she presented with complaints of pinkish vaginal discharge and suprapubic pressure; (b) failing to take adequate steps to confirm or rule out the presumptive diagnosis of a urinary tract infection on September 14,2001 when Jessica Pfuhl presented with complaints of pinkish vaginal discharge and suprapubic pressure; ilJ) failing to rule out the diagnosis of preterm labor on September 14, 2001 when Jessica Pfuhl presented with complaints of pinkish vaginal discharge and -7- suprapubic pressure; (d) failing to take adequate steps to prolong Jessica Pfuhl's pregnancy, which was an acknowledged high-risk pregnancy in light of her bicornuate uterus; (e) failing to take adequate steps to prevent Taylor Maher's premature delivery, which was an acknowledged high-risk pregnancy in light of Jessica Pfuhl's bicornuate uterus; and (f) failing to take adequate steps to prevent injury to Taylor Maher as a result of her extremely premature delivery. WHEREFORE, plaintiffs demand judgment against defendants, jointly and severally, for a sum in excess ofPifty Thousand Dollars ($50,000.00), together with interest, costs and damages for prejudgment delay. COUNT II 29. Paragraphs 1 through 28 are here incorporated by reference as though fully set forth at length herein. 30. The negligence of defendant, Central Pa. Ob-Gyn, acting through its actual or ostensible agents, servants and/or employees, as previously identified heretofore, consisted of the following: (a) failing to perform an adequate physical examination on Jessica Pfuhl on September 14, 2001 when she presented with complaints of pinkish vaginal discharge and suprapubic pressure; (b) failing to take adequate steps to confirm or rule out the preswnptive diagnosis of a urinary tract infection on September 14, 2001 when Jessica Pfuhl presented with complaints of pinkish vaginal discharge and suprapubic pressure; ~) failing to rule out the diagnosis of pre term labor on Jessica Pfuhl on September -8- 14,2001 when she presented with complaints of pinkish vaginal discharge and suprapubic pressure; (d) failing to take adequate steps to prolong Jessica Pfuhl's pregnancy, which was an acknowledged high-risk pregnancy in light of her bicornuate uterus; (e) failing to take adequate steps to prevent Taylor Maher's premature delivery, which was an acknowledged high-risk pregnancy in light of Jessica Pfuhl's bicornuate uterus; and (f) failing to take adequate steps to prevent injury to Taylor Maher as a result of her extremely premature delivery. WHEREFORE, plaintiffs demand judgment against defendants, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs and damages for prejudgment delay. SHRAGER SPIVEY & SACHS, P.c. By: a. -9- VERIFICATION I, Wayne R. Spivey, Esquire hereby state that I am counsel for the plaintiffs in the foregoing action and that the averments in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. This Statement is made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. SHRAGER SPIVEY & SACHS, P.c. By: /l -10- VERIFICATION Jeremy Maher hereby states that he is one of the plaintiffs in the foregoing action and that the foregoing averments in the Complaint are true and correct to the best of his knowledge, information and belief. The language of said averments is that of counsel and not of plaintiff. Plaintiff has read the Complaint and to the extent that it is based upon information which she has given to his counsel, it is true and correct to rhe best of his knowledge, information and belief. To the extent rhat the language of the Complaint is that of counsel, he has relied upon counsel in making this verification. This Statement is made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. cr~// JEREMY MAHER VERIFICATION Jessica Pfuhl hereby states that she is one of the plaintiffs in the foregoing action and that the foregoing averments in the Complaint are true and correct to the best of her knowledge, information and belief. The language of said averments is that of counsel and not of plaintiff. Plaintiff has read the Complaint and to the extent that it is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the language of the Complaint is that of counsel, she has relied upon counsel in making this verification. This Statement is made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. 7::.J D -iQ. I;i- 7'[ ~ l/1 -... lJJ ~ p [; "1:1 I ,.. .~, ~ ~ -.; ) w (2 p! f --r", - -.-" r...) S (.f', L;. s' ... ~ Shrager, Spivey & Sachs By: Wayne R. Spivey, Esquire Identification Numbers: 31017 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and narural guardians, : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiffs : No.: 05-670 '"So GEORGE E. JEFFERIES, M.D.; KUNDU N. SAMBHU, M.D.; CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. Defendants. PRAECIPE TO REINSTATE PLAINTIFFS' COMPLAINT TO THE PROTHONOTARY: Kindly reinstate thar attached Complaint. SHRAGER SPIVEY & SACHS, P.e. / (f, r ,.., CERTIFICATE OF SERVICE I hereby certify that on this 10'h day of March 2005, true and correcr copies of Plaintiffs Praecipe to Reinstate the Complaint were served upon all defendants listed below via certified U.S. fIrst class mail, postage pre-paid. GEORGE E. JEFFERIES, M.D., 890 Poplar Church Road Camp Hill, P A 17011 and KUNDU N. SAMBHU, M.D., 890 Poplar Church Road Camp Hill, PA 17011 and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. Attn: Risk Manager and/or Office Manager 890 Poplar Church Road Camp Hill, P1\ 17011 Shrager, Spivey & Sachs By: Karen Pomager, Paralegal to! Wayne R. Spivey, Esquire Attorney for Plaintiffs ".~ ~ - , MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Michael D. Pipa. Esquire Identification No. 53624 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: mpipa@mdwcg.com (717) 651-3500 Attorneys for Defendants. George E. Jefferies. Kundu Sambhu. MD.. Central Pennsylvania Obstetrics-Gynecology. Inc. TAYLOR MAHER, a minor, by and through, JESSICA PFUHL, and JEREMY MAHER, her parents and natural guardians, Plaintiffs CUMBERLAND COUNTY COUR T OF COMMON PLEAS CIVIL DIVISION v. oS- -&V (!/~/J GEORGE E. JEFFERIES, M.D, KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INe. Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of Defendants, George E. Jefferies, M.D., Kundu N. Sambhu, M.D., Central Pennsylvania Obstetrics-Gynecology, Inc. in the above referenced matter. Respectfully Submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: ~ [7/ 'lOO)" BY:~W MICHAEL D. PI~ ~UIRE PA J.D. NO.: 53624 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3515 Attorneys for Defendants, George E. Jefferies. MD., Kundu N Sambhu. MD., Central Pennsylvania Obstetrics-Gynecology. Inc. , MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Michael D. Pipa, Esquire Identification No. 53624 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3500 TAYLOR MAHER, a minor, by and through, JESSICA PFUHL, and JEREMY MAHER, her parents and natural guardians, Plaintiffs v. GEORGE E. JEFFERIES, M.D, KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INe. Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION CERTIFICATION OF SERVICE I hereby certify that I have served upon all parties listed below a true and correct copy of Entry of Appearance in the above-captioned matter this date by regular mail. Wayne R. Spivey, Esquire Shrager, Spivey & Sachs 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, PA 19103 DATE: 51, 71o{' MARSHALL, DENNEHEY, WARNER COLEMAN AND GOGGIN BY:'~ MICHAEL D. PIP A, ES IRE Attorneysfor Defendants, George E. JeJJeries, MD., Kundu N Sambhu, M.D., Central Pennsylvania Obstetrics-Gynecology, Inc. (J t,-7} 1"8, ,;.1\ ~l~~ ~~ ("-.i -~ -. -- -"~ ----- C) ..=;;\ Y,< ..../, '-t? o (), - 105 _A ILlA81M EPILLPGI1822341MEPIO I 012100 I 36 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Michael D. Pipa, Esquire Identification No. 53624 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: mpipa@mdwcg.com 717) 651-3500 T AYLOR MAHER, a minor, by and through, JESSICA PFUHL, and JEREMY MAHER, her parents and natural guardians, CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiffs CIVIL DIVISION v. NO. 05-670 GEORGE E. JEFFERIES, MD, KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. Defendants MEDICAL PROFESSIONAL LIABIL TY ACTION JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF JUDGMENT OF NON PROS PURSUANT TO RULE 1042.6 TO THE PROTHONOTARY: Enter Judgment of Non Pros against Plaintiff Taylor Maher, a minor, by and thro gh Jessica Pfuhl and Jeremy Maher, her parents and natural guardians, in the professionalliabil"ty claim against George E. Jefferies, M.D., Kundu N. Sambhu, M.D., and Central Pennsy]v Obstetrics-Gynecology, Inc. in the above-captioned matter. I, the undersigned, certify that Plaintiff named above has asserted professional ]iabili y claims against the Defendants named above who are licensed professionals within the meani g of Pa.R.c.P. 1042.1, that no Certificate of Merit has been filed within the time required b Pa.R.C.P. 1042.3 and that there is no Motion to Extend the time for filing the Certificate fMerit pending before the Court. Respectfully Submitted, MARSHALL, DENNE HEY, W A ER, COLEMAN & GOGGIN MICHAEL D. PIP PA I.D. NO.: 53624 4200 Crums Mill Road, Suite B Hanisburg, PA 17112 (717) 651-3515 DATE: A?^~l \\ I WD~ BY: ~ Attorneys for Defendants. George E. Jefferies, M.D.. Kundu N. Sambhu, M.D., Central Pennsylvania Obstetrics-Gynec logy, Inc. . MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Michael D. Pipa, Esquire Identification No. 53624 4200 Crums Mill Road, Suite B Harrisburg, P A 171 ] 2 (717) 651-3500 TAYLOR MAHER, a minor, by and through, JESSICA PFUHL, and JEREMY MAHER, her parents and natural guardians, Plaintiffs v. GEORGE E. JEFFERIES, MD, KUNDU N. SAMBHU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, me. Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION CERTIFICATION OF SERVICE I hereby certify that I have served upon all parties listed below a true and correct copy f the foregoing document in the above-captioned matter this date by regular maiL Wayne R. Spivey, Esquire Shrager, Spivey & Sachs 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, P A 19103 DATE: .4r'! II f ?-t90~ MARSHALL, DENNEHEY, WARNER COLEMAN AND GOGGIN BY: MICHAEL D. PIP A, E UIRE Attorneys for Defendants, George E. Jefferies, MD., Kundu N Sambhu, MD., Central Pennsylvania Obstetrics-Gynecolo Inc. 7~ f!:;- ~ ~ ~ Y"- ~ ..5.J ~ ~. ~ o C n \. ,,~ ~~ ~ <:0 -;0 f;:.;. ~'^-:-\ -~ -~ q, ~~ p ~(r' ~5j C;' ::'SJ\~\ ~'. _':'-rti ~~ ','-) :.- '."'.:.\ -:: ::t;_ ....<:.. r--' <.J' ~ SHERIFF'S RETURN - NOT FOUND , CASE NO: 2005-00670 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MAHER TAYLOR ET AL VS ::.i - JEFFERIES GEORGE E MD ET AL -~ R. Thomas Kline ,Sheriff or Deputy Sheriff, who eing duly sworn according to law, says, that he made a diligent sea ch and inquiry for the within named DEFENDANT JEFFERIES GEORGE E M D ut was unable to locate Him in his bailiwick. He therefore returns he COMPLAINT & NOTICE , NOT FOUND as to the within named DEFENDANT , JEFFERIES GEORGE E M D 890 POPLAR CHURCH ROAD CAMP HILL, PA 17011 DEFENDANT IS RETIRED. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 11.10 5.00 10.00 .00 44.10 So ans~.::.::::::::::::.:.~:. .- .._/ '" . ;?~e?':... R. Thomas Kline Sheriff of Cumberland County SHAGER SPIVEY SACHS 03/03/2005 Sworn and subscribed to before me this 7 day of ~A. .~ eXC70j. A.D. r-~o~o~~~ -~ SHERIFF'S RETURN - REGULAR CASE NO: 2005-00670 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MAHER TAYLOR ET AL VS JEFFERIES GEORGE E MD ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SAMBHU KUNDU N MD t e - DEFENDANT , at 1318:00 HOURS, on the 2nd day of March 2005 at 890 POPLAR CHURCH ROAD CAMP HILL, PA 17011 by handing to BONNIE KUNDU, REIGISTERED NURSE, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents t ereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 R. Thomas Kline 03/03/2005 SHRAGER SPIVEY SACHS Sworn and Subscribed to before By: me this 7 day of ~ ~- ,-;((70,.) A.D. 1,,8.. / "'1YIa--,l '-r-~ . pr;t'h~;;g:;;r 7"J SHERIFF'S RETURN - REGULAR CASE NO: 2005-00670 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MAHER TAYLOR ET AL VS - JEFFERIES GEORGE E MD ET AL VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CENTRAL PENNSYLVANIA OBSTETRICS GYNECOLOGY INC t e DEFENDANT , at 1318:00 HOURS, on the 2nd day of March 2005 at 890 POPLAR CHURCH ROAD CAMP HILL, PA 17011 by handing to BONNIE KUNDU, REGISTERED NURSE, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents t ereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 .r~~~ R. Thomas Kline 03/03/2005 SHRAGER SPIVEY SACHS Sworn and Subscribed to before By: ~ me this 7 day of ~ Sheriff <<oo.~ A.D. 4-'~" /~~ -~ f Prothonot'11Y ~J - Shrager, Spivey & Sachs By: Wayne R. Spivey Identification Number: 31017 32nd Hoor, Two Commerce Square 2001 Marker Street Philadelphia, PA 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiffs :No.: 05-670 vs. GEORGE E. JEFFERIES, M.D.; KUNDU N. SAMBHU, M.D.; CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY,INC. Defendants. CERTIFICATE OF MERIT AS TO GEORGE E. JEFFERIES. M.D. I, Wayne R. Spivey, certifY that: --X....- An appropriare licensed professional has supplied a written statement to the undersigned rhat there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the trenment, practice or work rhat is the subject of rhe complaint, fell outside acceptable professiomll standards and that such conducr was a caUse in bringing about the harm; OR The claim that this defendant deviated from an acceprable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviared from an acceptable professional standard and an appropriate licensed professional has supplied written sratement ro the undersigned that rhere is a basis to conclude rhat the care, skill or knowledge exercised or exhibited by the other licensed professionals in rhe treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and thm such conduct was a cause in bringing about the harm; OR J . Date: Expert testimony of an appropriare licensed professional is unnecessary for prosecurion of the claim against this defendant. f: ~/' 1 /' / L/ Y / (t- .1_____~ w ATI/E R. SPIVEY Counsel for Plaintiff <-> r-,~,J r.:::J <.,J' - .. ::::~.1 w r~ 1'.) -.J .- ;..... .r Shrager, Spivey & Sachs By: Wayne R. Spivey Identification Number: 310 17 32nd Floor, Two Commerce Square 2001 Market Street Phihldelphia, PA 19103 (215) 568.7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiffs : No.: 05-670 VS. GEORGE E. JEFFERIES, M.D.; KUNDU N. SAMBHU, M.D.; CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY,INC. Defendants. CERTIFICATE OF MERIT AS TO CENTRAL PENNSYL VANIA OBSTETRICS-GYNECOLOGY, INC. I, Wayne R. Spivey, certify rhat: ~ An appropriate licensed professional has supplied a written starement to the undersigned rhat there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work thar is the subject of rhe complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR The claim that this defendant deviated from ,m acceprable professional standard is based solcly on allegations thar other licensed professionals for whom this defendant is responsible deviared from an acceptable professional standard and an appropriate licensed professional has supplied written st,ltement to the undersigned that there is a basis to conclude that the care, skill or knowlcdge exercised or exhibired by the orher licensed professionals in rhe treatment. practice or work that is rhe subjecr of thc complaint, fell outside acceprable professional standards and that such conduct was a cause in bringing about the harm; OR ,'- Date: Expert testimony of an appropriate licensed professional is unnecessary for proseeurion of the claim against this defendant. WAYN R. SPIVEY Counsel for Plaintiff () ......' c: c..:) ( c:::'l -n ~I\ -- :~ ::.0 ,- ::.) :;1 (..) S N -J . .~ Shrager, Spivey & Sachs By: Wayne R. Spivey Identification Number: 31017 32ncl Hoar, Two Commerce Square 200 I Market Street Philadelphia, PA 19103 (215) 568,7771 --------------------------------------------- TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiffs : No.: 05-670 Ys. GEORGE E. JEFFERIES, M.D.; KUNDU N. SAMBHU, M.D.; CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. Defendants. CERTIFICATE OF MERIT AS TO KUNDU N. SAMBHU. M.D. 1, Wayne R. Spivey, certify that: ~ An appropriate licensed professional has supplied a written statement to the undersigned thar there is a basis to conclude thar the care, skill or knowledge exercised or exhibired by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and rhat such conduct was a cause in bringing about rhe harm; OR The claim that rhis defendant deviated from an acceprable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional srandard and an appropriate licensed professional has supplied written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the orhcr licensed professionals in the treatment, practice ot work that is the subject of rhe complainr, fell outside acceptable professional standards and rhat such conduct was a cause in bringing about the harn1j OR : - Dare: Expert testimony of an appropriate licensed professional is unnecessary for prosecution of rhe daim against this defendant. h /J/ II(! IL I/~ ~~TIm R. SPIVEY l Counsel for Plaintiff c c r-' c',::> c? cf' ,,~ :'-;--1 -;:;;':", o -" - (,..,) :.:-:.. '? '--.> '-, - . MICHAEL W. MCGUCKIN, ESQUIRE J.D. No. 49464 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3515 Attorney for Defendants TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiffs, v. GEORGE E. JEFFERIES, M.D., SAMBHU N. KUNDU, M.D., CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC., ADm NAJIB KHOUZAMI, M.D. CONEMAUGH OB GYN ASSOCIATES, CONEMAUGH HEALTH SYSTEM, INC., and CONEMAUGH MEMORIAL MEDICAL CENTER, 05- (P10 No: 06 6241 CIVIL TERM JURY TRIAL DEMANDED Defendants PRELIMINARY OBJECTIONS OF DEFENDANTS, GEORGE E. JEFFERIES, M.D., SAMBHU N. KUNDU, M.D., AND CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY. INC.. TO PLAINTIFF'S COMPLAINT 1. A Complaint in this action was filed on or about October 26, 2006. 2. The claims stated in plaintiff's Complaint allegedly arise out of a course of medical treatment and care rendered to minor plaintiffs mother, Jessica Pfuhl, during her pregnancy with Taylor Maher in 2001. A copy of plaintiff's Complaint is attached hereto as "Exhibit A" . 3. Plaintiff alleges that the moving defendants rendered care below the acceptable standard of care during the pregnancy. Specifically, plaintiff alleges that the moving defendant OB/GYN's failed to take adequate steps to prolong Jessica Pfuhl's pregnancy, and failed to take .. adequate steps to prevent Taylor Maher's premature delivery. See plaintiffs Complaint at Paragraphs 23-27. 4. Plaintiffhas also brought suit against Co-defendant, Conemaugh Memorial Medical Center, and its alleged agents concerning the care and treatment rendered to minor plaintiffs mother on September 15, 2001 when she presented to Conemaugh Memorial Medical Center in Johnstown, Pennsylvania. Essentially, the argument against the co-defendant hospital, and the hospital's alleged employees, is that there was a delay in performing a required emergency cesarean section delivery. 5. Plaintiffs allegations against the moving defendants concern the care rendered in the offices of Central Pennsylvania OB/GYN, Inc. See Paragraphs 23-27 of Plaintiffs Complaint attached hereto as "Exhibit A". Demurrer - Motion to Strike - Paragraphs 52 (J), (K), (L), and (M) of Plaintiffs Complaint 6. In Paragraphs 52 0), (k), (I), and (m) of Plaintiffs Complaint, plaintiff attempts to assert a theory ofliability against Defendant, Central Pennsylvania OB/GYN, Inc., based upon corporate negligence as set forth in the Pennsylvania Supreme Court case of Thompson v. Nason Hospital 527 Pa. 330, 591 A.2d, 703 (1991). 7. It is well established that liability under the doctrine of corporation negligence extends only to entities that undertake a duty to provide total healthcare to patients, such as hospitals and health maintenance organizations. 8. Liability under a corporate negligence theory may not be imposed upon physician group practices limited to the provisions of medical treatment and care in certain medical specialties. 2 9. Plaintiff has not alleged that Defendant, Central Pennsylvania Obstetrics- Gynecology, Inc., is an entity that undertakes to provide total healthcare to its patients akin to a hospital or health maintenance organization. 10. Paragraphs 52 0), (k), (1), and (m) of plaintiff's Complaint must be stricken and dismissed because physician practice groups are not subject to corporate negligence claims as pled. WHEREFORE, moving Defendants, George E. Jefferies, M.D., Sambhu N. Kundu, M.D., and Central Pennsylvania Obstetrics-Gynecology, Inc., respectfully request that this Honorable Court sustain their Preliminary Objections and strike Paragraphs 52 0), (k), (1) and (m) of Plaintiff's Complaint, with prejudice. Respectfully submitted, MARSHALL,DENNEHEY,WARNER COLEMAN & GOGGIN ~ By: ichael cGuckin, Esquire Attorney for Defendant Dr. Jefferies, Sambhu N. Kundu, M.D., and Central Pennsylvania Obstetrics-Gynecology, Inc. Date: \05_ A \LIAB\MWMCGUCKIN\TRLD\240297\MGWHITE\O 1012\00136 3 ~ \ t1h.\bff ({ .i Shrager, Spivey & Sachs By: Wayne R. Spivey, Esquire/Steven L. Chung, Esquire Identification Numbers: 31017/78834 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, 108 Fieldstone Avenue Johnstown, PA 15904 and 20 N. 12th Street Lemoyne, P A 17043 Plaintiffs vs. GEORGE E. JEFFERIES, M.D., 890 Poplar Church Road Camp Hill, PA 17011 and KUNDU N. SAMBHU, M.D., 890 Poplar Church Road Camp Hill, P A 17011 and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY,INC. 890 Poplar Church Road Camp Hill, P A 17011 and ADIB NAJIB KHOUZAMI, M.D. 1111 Franklin Street, Ste. 300 Johnstown, PA 15905 and CONEMAUGH OB GYN ASSOCIATES 1111 Franklin Street, Ste. 300 Johnstown, PA 15905 and CONEMAUGH HEALTH SYSTEM, INC. 1086 Franklin Street Johnstown, PA 15905 and CONEMAUGH MEMORIAL MEDICAL CENTER -1- :CUMBE~DCOUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION ; No. Oc. -'-l{~ ~~u~LY~ : JURY TRIAL DEMANDED n ( -. ,.~) 0 .:::;;) e,'..-' 11 c:: :? -n ~'- ni r~ ! -.;-i t " .. :,-) W .. .. ( - -. - .. , ,-1 " \- '''! ,'11 N -I :".~ c.) :D -.J -< ". _h_l --< 1086 Franklin Street Johnstown, PA 15905 Defendants. CIVIL ACTION COMPLAINT Plaintiffs, by their attorneys, Shrager, Spivey & Sachs, hereby demands damages of defendants herein, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest, costs, and damages for prejudgment delay upon causes of action whereof the following are statements: 1. Plaintiffs, Taylor Maher, a minor, by and through Jessica Pfuhl and Jeremy Maher, her parents and natural guardians, are citizens of the Commonwealth of Pennsylvania, residing therein at 108 Fieldstone Avenue, Johnstown, Pennsylvania and 20 N. 1tb Street, Lemoyne, Pennsylvania, respectively. 2. Defendant, George E. Jefferies, M.D., (hereinafter "Dr. Jefferies"), an adult individual, is a citizen and resident of the Commonwealth of Pennsylvania and at all times pertinent hereto had been engaged in the practice of medicine, with an office and place of business located therein at 890 Poplar Church Road in Camp Hill, County of Cumberland. Plaintiffs are asserted a professionalliabilityc1aim against this defendant. 3. At all times pertinent hereto, Dr. Jefferies was engaged in the practice of medicine, pursing the specialty of obstetrics/gynecology, and was obliged to bring to bear in the practice of his profession the professional skills, knowledge, and experience which he possessed or was obliged to possess, and to pursue her profession in accordance with reasonably safe and acceptable standards of care, in general, and obstetrics/gynecology, in particular. 4. Defendant, Kundu N. Sambhu, M.D., (hereinafter "Dr. Sambhu"), an adult individual, is -2- a citizen and resident of the Commonwealth of Pennsylvania and at all times pertinent hereto had been engaged in the practice of medicine, with an office and place of business located therein at 890 Poplar Church Road in Camp Hill, County of Cumberland. Plaintiffs are asserted a professional liability claim against this defendant. 5. At all times pertinent hereto, Dr. Sambhu was engaged in the practice of medicine, pursing the specialty of obstetrics/gynecology, and was obliged to bring to bear in the practice of his profession the professional skills, knowledge, and experience which he possessed or was obliged to possess, and to pursue her profession in accordance with reasonably safe and acceptable standards of care, in general, and obstetrics/gynecology, in particular. 6. Defendant, Central Pennsylvania Obstetrics-Gynecology, Inc. (hereinafter "Central Pa. Ob-Gyn"), is an incorporated entity, organized and existing under the laws of Pennsylvania, with an office and place of business located therein at 890 Poplar Church Road in Camp Hill, County of Cumberland. Plaintiffs are asserted a professional liability claim against this defendant. 7. At all times pertinent hereto, Central Pa. Ob-Gyn acted through its agents, apparent agents, servants, and/or employees, including Dr. Jefferies and Dr. Sambhu, and was responsible for the care and treatment rendered to the plaintiffs. At all times pertinent hereto, the agents, servants, and/or employees of Central Pa. Ob-Gyn, heretofore and hereinafter identified, were acting within the course and scope of their employment, agency or apparent agency in conjunction with the care and treatment rendered to the plaintiffs, as described in detail below. 8. In addition to Dr. Jefferies and Dr. Sambhu, Central Pa. Ob-Gyn's agents, servants and employees included any other medical treatment providers employed by Central Pa. Ob-Gyn not specifically named herein nor readily identifiable in the medical records who rendered, or undertook to -3- render, medical care and treatment to the plaintiffs, as set forth below, including the nurses or administrative staff who cannot reasonably be identified from the records without conducting reasonable discovery. 9. Defendant, Adib Najib Khouzami, M.D., (hereinafter "Dr. Khouzami"), an adult individual, is a citizen and resident of the Commonwealth of Pennsylvania and at all times pertinent hereto had been engaged in the practice of medicine, with an office and place of business located therein at 1111 Franklin Street, Ste. 300, Johnstown, P A. Plaintiffs are asserted a professional liability claim against this defendant. 10. At all times pertinent hereto, Dr. Khouzami was engaged in the practice of medicine, pursing the specialty of obstetrics/gynecology, and was obliged to bring to bear in the practice of his profession the professional skills, knowledge, and experience which he possessed or was obliged to possess, and to pursue her profession in accordance with reasonably safe and acceptable standards of care, in general, and obstetrics/gynecology, in particular. 11. Defendant, Conemaugh OB GYN Associates, is a corporation, organized and operating under the laws of the Commonwealth of Pennsylvania, with a business address and regularly conducting business at 1111 Franklin Street, Ste. 300, Johnstown, Pennsylvania. Plaintiffs are asserting a professional liability claim against this defendant. 12. It is believed and therefore averred that at all times pertinent hereto, Dr. Khouzami was an owner, shareholder, officer, agent, servant and/or employee of Conemaugh OB GYN Associates. 13. The agents, servants and employees of Conemaugh OB GYN Associates included Dr. Khouzami, as well as any other medical treatment providers employed by Conemaugh OB GYN Associates who rendered, or undertook to render, medical care and treatment to Plaintiff, as described in -4- detail below. 14. Defendant, Conemaugh Health System, Inc. ("Conemaugh"), is a corporation, organized and operating under the laws of the Commonwealth of Pennsylvania, with a business address and regularly conducting business at 1086 Franklin Street, Johnstown, Pennsylvania. Plaintiffs are asserting a professional liability claim against this defendant. 15. At all times pertinent hereto, Defendant Conemaugh held itself out in the community as being a full service medical care institution, properly equipped and staffed, and rendering quality medical care, acting through its departments, medical groups, staff members and other agents, servants and employees. 16. Defendant, Conemaugh Memorial Medical Center ("Conemaugh"), is a corporation, organized and operating under the laws of the Commonwealth of Pennsylvania, with a business address and regularly conducting business at 1086 Franklin Street, Johnstown, Pennsylvania. Plaintiffs are asserting a professional liability claim against this defendant. 17. At all times pertinent hereto, Defendant Conemaugh held itself out in the community as being a full service medical care institution, properly equipped and staffed, and rendering quality medical care, acting through its departments, medical groups, staffmembers and other agents, servants and employees. 18. At all times pertinent hereto, Dr. Khouzami was appointed and held out by Defendants Conemaugh as a physician in the labor and delivery department and, in that capacity, was the actual and/or ostensible agent, apparent agent, servant or employee of defendants Conemaugh, particularly with respect to his duties and responsibilities for the treatment and care of plaintiff and her mother. 19. Additionally, the actual or ostensible agents, servants, and employees of defendants -5- Conemaugh included those individuals in the hospital's labor and delviery department who were responsible for the implementation and execution of medical care pertaining to Plaintiff and her mother. This allegation is meant to include any and all persons who were responsible for implementing and carrying out the physician orders pertaining to Plaintiff and her mother. 20. At all times pertinent hereto, Defendants had a medical treater/patient relationship with the plaintiff; said defendants rendered and/or undertook to render medical treatment and care to plaintiff, individually and/or acting through its actual or ostensible agents, servants and employees. Defendants therefore had a legal duty to render such medical treatment and care in accordance with accepted standards of medicine. FACTUAL BACKGROUND 21. In or around Marchi April of 200 1, plaintiff, Jessica Pfuhl, became pregnant with her first child. 22. On March 25, 2001 and April 14, 2001, Jessica Pfuhl presented to the emergency room at Holy Spirit Hospital and a pelvic sonogram identified the presence of a bicornuate uterus. 23. In or around May of2001, Ms. Pfuhl came under the care of Dr. Jefferies, Dr. Sambhu and Central Pa. Ob.Gyn. 24. On or about June 11,2001 an ultrasound performed on Ms. Pfuhl, at twelve (12) weeks gestation showed the presence of a live intrauterine pregnancy in the right horn of a bicornuate uterus. No specific treatment was given with respect to this diagnosis. 25. On or about September 14, 2001, Ms. Pfuhl, at approximately twenty five (25) weeks gestation, presented to the offices of Central Pa. Ob-Gyn with complaints of pinkish vaginal discharge and suprapubic pressure. Dr. Jefferies made a diagnosis of probable urinary tract infection and started -6. Ms. Pfuhl on the antibiotic Macrobid. 26. During this office visit, Ms. Pfuhl informed Dr. Jefferies that she had plans to go to Johnstown, Pennsylvania for the weekend and asked him if there were any problems or concerns with her making this trip. 27. Dr. Jefferies approved Ms. Pfuhl's trip to Johnstown and scheduled her for an ultrasound to be perfonned at his office on September 17, 200 I. 28. On or about the early morning hours of September 15, 2001, Ms. Pfuhl experienced sudden onset of vaginal bleeding and abdominal pain while in Johnstown. She went to Conemaugh Memorial Medical Center for emergency evaluation. 29. At Conemaugh Memorial Medical Center, Ms. Pfuhl was diagnosed at 10 centimeters dilated and placental abruption. 30. Dr. Khouzami was first beeped at 0210 hours. Repeated efforts to reach Dr. Khouzami took place every 5 to 10 minutes until he called in at 0232 hours. During that phone call, Dr. Khouzami was advised that Ms. Pfhul was in preterm labor at 26 weeks. She had a known history of bicornuate uterus. 31. An emergent cesarean section delivery was perfonned by Dr. Khoumazi at 0330 hours and Ms. Pfuhl delivered her daughter, Taylor Maher, a severely premature infant weighing lIb. 12 oz. at birth. 32. Taylor Maher was diagnosed with multiple complications associated with her premature delivery. 33. On or about October 14,2001, Taylor Maher was transferred to Hershey Medical Center for patent ductus arteriosus ("PDA") repair surgery, 34. Following the PDA surgical repair, Taylor Maher remained at Hershey Medical Center -7- . . for several months for the management and treatment of the multiple complications associated with her premature delivery. COUNT I Plaintiff v. Georee E. Jeffries. M.D. 35. Paragraphs I through 34 are herein incorporated by reference as though fully set forth at length herein. 36. The negligence of defendant, Dr. Jefferies, in his individual capacity and in his capacity as actual or ostensible agents, servants and/or employees of defendant, Central Pa. Ob-Gyn, consisted of the following: (a) failing to perform an adequate physical examination on Jessica Pfuhl on September 14, 2001 when she presented with complaints of pinkish vaginal discharge and suprapubic pressure; (b) failing to take adequate steps to confirm or rule out the presumptive diagnosis of a urinary tract infection on September 14, 2001 when Jessica Pfuhl presented with complaints of pinkish vaginal discharge and suprapubic pressure; (c) failing to rule out the diagnosis of pre term labor on September 14, 2001 when Jessica Pfuhl presented with complaints of pinkish vaginal discharge and suprapubic pressure; (d) failing to take adequate steps to prolong Jessica Pfuhl's pregnancy, which was an acknowledged high-risk pregnancy in light of her bicornuate uterus; (e) failing to take adequate steps to prevent Taylor Maher's premature delivery, which was an acknowledged high-risk pregnancy in light of Jessica Pfuhl's bicornuate uterus; (f) failing to take adequate steps to prevent injury to Taylor Maher as a result of her extremely premature delivery; (g) failing to consult with a perinatologist; (h) failing to inform Jessica Pfuhl ofthe risks associated with bicornuate uterus; and (i) failing to admit Jessica Pfuhl into the hospital for observation and testing. -8- " 37. As a result of the tortious conduct of the defendants, as more particularly hereinafter set forth, Taylor Maher has suffered and continues from injuries which are serious and permanent in nature including, but not limited to, significant and profound physical and mental developmental delay due to severe prematurity at birth, which could have been prevented. 38. As a further result of defendants' tortious conduct, Taylor Maher has suffered and will continue to suffer, severe physical pain, mental suffering, physical disability and disfigurement, depression, mental distress and anguish and severe shock to her nerves and nervous system. 39. As a further result of defendants' tortious conduct, Taylor Maher has suffered economic losses in the form of permanent impairment of earning capacity and she will continue to suffer such loss for an indefinite time. 40. As a further result of defendants' tortious conduct, Taylor Maher has been unable to attend to her usual activities and she will continue to be unable to do so for an indefinite time. 41. As a further result of defendants' tortious conduct, Taylor Maher has suffered a significant loss in her enjoyment of the pleasures of life and will continue to suffer such loss for an indefinite time. 42. As a further result of defendants' tortious conduct, plaintiff has incurred significant expenses for medical treatment, medical consultations, rehabilitation and other related expenses in an effort to treat the minor-plaintiffs condition and to maximize her rehabilitation, and she will continue to incur such expenses for an indefinite time. WHEREFORE, plaintiffs demand judgment against defendants, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs and damages for prejudgment delay. -9- .' .' COUNT II Plaintiffv. Kundu N. Sambhu. M.D. 43. Paragraphs 1 through 42 are herein incorporated by reference as though fully set forth at length herein. 44. The negligence of defendant, Dr. Sambhu, in his individual capacity and in his capacity as actual or ostensible agents, servants and/or employees of defendant, Central Pa. Ob-Gyn, consisted of the following: (a) failing to perform an adequate physical examination on Jessica Pfuhl on September 14,2001 when she presented with complaints of pinkish vaginal discharge and suprapubic pressure; (b) failing to take adequate steps to confirm or rule out the presumptive diagnosis of a urinary tract infection on September 14,2001 when Jessica Pfuhl presented with complaints of pinkish vaginal discharge and suprapubic pressure; (c) failing to rule out the diagnosis ofpretenn labor on September 14, 2001 when Jessica Pfuhl presented with complaints of pinkish vaginal discharge and suprapubic pressure; (d) failing to take adequate steps to prolong Jessica Pfuhl's pregnancy, which was an acknowledged high-risk pregnancy in light of her bicornuate uterus; (e) failing to take adequate steps to prevent Taylor Maher's premature delivery, which was an acknowledged high-risk pregnancy in light of Jessica Pfuhl's bicornuate uterus; (1) failing to take adequate steps to prevent injury to Taylor Maher as a result of her extremely premature delivery; (g) failing to consult with a perinatologist; (h) failing to inform Jessica Pfuhl of the risks associated with bicornuate uterus; and (i) failing to admit Jessica Pfuhl into the hospital for observation and testing. 45. As a result of the tortious conduct ofthe defendants, as more particularly hereinafter set forth, Taylor Maher has suffered and continues from injuries which are serious and permanent in nature -10- .' .. including, but not limited to, significant and profound physical and mental developmental delay due to severe prematurity at birth, which could have been prevented. 46. As a further result of defendants' tortious conduct, Taylor Maher has suffered and will continue to suffer, severe physical pain, mental suffering, physical disability and disfigurement, depression, mental distress and anguish and severe shock to her nerves and nervous system. 47. As a further result of defendants' tortious conduct, Taylor Maher has suffered economic losses in the form of permanent impairment of earning capacity and she will continue to suffer such loss for an indefinite time. 48. As a further result of defendants' tortious conduct, Taylor Maher has been unable to attend to her usual activities and she will continue to be unable to do so for an indefinite time. 49. As a further result of defendants' tortious conduct, Taylor Maher has suffered a significant loss in her enjoyment of the pleasures of life and will continue to suffer such loss for an indefinite time. 50. As a further result of defendants' tortious conduct, plaintiff has incurred significant expenses for medical treatment, medical consultations, rehabilitation and other related expenses in an effort to treat the minor-plaintiffs condition and to maximize her rehabilitation, and she will continue to incur such expenses for an indefinite time. WHEREFORE, plaintiffs demand judgment against defendants, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs and damages for prejudgment delay. -11- . COUNT III Plaintiff v. Central Pa. Ob-Gyn 51. Paragraphs 1 through 50 are here incorporated by reference as though fully set forth at length herein. 52. The negligence of defendant, Central Pa. Ob-Gyn, acting through its actual or ostensible agents, servants and/or employees, consisted of the following: (a) failing to perform an adequate physical examination on Jessica Pfuhl on September 14, 2001 when she presented with complaints of pinkish vaginal discharge and suprapubic pressure; (b) failing to take adequate steps to confirm or rule out the presumptive diagnosis of a urinary tract infection on September 14,2001 when Jessica Pfuhl presented with complaints of pinkish vaginal discharge and suprapubic pressure; (c) failing to rule out the diagnosis of pre term labor on September 14, 2001 when Jessica Pfuhl presented with complaints of pinkish vaginal discharge and suprapubic pressure; (d) failing to take adequate steps to prolong Jessica Pfuhl's pregnancy, which was an acknowledged high-risk pregnancy in light of her bicornuate uterus; (e) failing to take adequate steps to prevent Taylor Maher's premature delivery, which was an acknowledged high-risk pregnancy in light of Jessica Pfuhl's bicornuate uterus; (f) failing to take adequate steps to prevent injury to Taylor Maher as a result of her extremely premature delivery; (g) failing to consult with a perinatologist; (h) failing to inform Jessica Pfuhl ofthe risks associated with bicornuate uterus; (i) failing to admit Jessica Pfuhl into the hospital for observation and testing; (j) failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to provide proper medical care to Jessica Pfuhl and Taylor Maher; (k). assigning physicians to care for patients who are not qualified to rendered -12- .. .. standard and acceptable medical care; (1). failing to adopt and/or enforce adequate rules, policies and procedures in order to assure that physicians, nurses and other healthcare providers who are not competent to render care and treatment to its patients are not allowed to practice within its facilities; and (m). failing to adopt and/or enforce adequate rules, policies and procedures to assure that adequate steps are taken to prevent injuries to patients such as the plaintiff. 53. As a result of the tortious conduct of the defendants, as more particularly hereinafter set forth, Taylor Maher has suffered and continues from injuries which are serious and permanent in nature including, but not limited to, significant and profound physical and mental developmental delay due to severe prematurity at birth, which could have been prevented. 54. As a further result of defendants' tortious conduct, Taylor Maher has suffered and will continue to suffer, severe physical pain, mental suffering, physical disability and disfigurement, depression, mental distress and anguish and severe shock to her nerves and nervous system. 55. As a further result of defendants' tortious conduct, Taylor Maher has suffered economic losses in the form of permanent impairment of earning capacity and she will continue to suffer such loss for an indefinite time. 56. As a further result of defendants' tortious conduct, Taylor Maher has been unable to attend to her usual activities and she will continue to be unable to do so for an indefinite time. 57. As a further result of defendants' tortious conduct, Taylor Maher has suffered a significant loss in her enjoyment of the pleasures of life and will continue to suffer such loss for an indefinite time. 58. As a further result of defendants' tortious conduct, plaintiff has incurred significant expenses for medical treatment, medical consultations, rehabilitation and other related expenses in an effort to treat the minor-plaintiffs condition and to maximize her rehabilitation, and she will continue to -13- ,. incur such expenses for an indefinite time. WHEREFORE, plaintiffs demand judgment against defendants, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs and damages for prejudgment delay. COUNT IV Plaintiff v. Adib Najib Khouzami. M.D. 59. Paragraphs 1 through 58 are herein incorporated by reference as though fully set forth at length herein. 60. The negligence of defendant, Dr. Khouzami, in his individual capacity and in his capacity as actual or ostensible agents, servants and/or employees of defendants, Conemaugh and/or Conemaugh OB GYN Associates, consisted of the following: (a) failing to provide emergent medical care to Jessica Pfuhl on September 15,2001 when she presented to the Labor & Delivery unit at Conemaugh Memorial Medical Center; (b) delaying for an inordinate period oftime to tend to Jessica Pfuhl; (c) failing to timely assess Jessica Pfuhl's medical condition when she presented to the Labor & Delivery unit; (d) failing to appreciate the emergent need of Jessica Pfuhl's condition; (e) failing to timely respond to the numerous pages requesting that care be provided to Jessica Pfuhl; (f) failing to instruct the nurses and medical staff to provide interim medical care to Jessica Pfuhl; (g) failing to inquire into Jessica Pfuhl's condition during the time period in which he was being paged; and (h) failing to ensure that medical patients were not left unattended for an inordinate period of time while in the Labor & Delivery unit. -14- . ' "' 61. As a result of the tortious conduct of the defendants, as more particularly hereinafter set forth, Taylor Maher has suffered and continues from injuries which are serious and permanent in nature including, but not limited to, significant and profound physical and mental developmental delay due to severe prematurity at birth, which could have been prevented. 62. As a further result of defendants' tortious conduct, Taylor Maher has suffered and will continue to suffer, severe physical pain, mental suffering, physical disability and disfigurement, depression, mental distress and anguish and severe shock to her nerves and nervous system. 63. As a further result of defendants' tortious conduct, Taylor Maher has suffered economic losses in the form of permanent impairment of earning capacity and she will continue to suffer such loss for an indefinite time. 64. As a further result of defendants' tortious conduct, Taylor Maher has been unable to attend to her usual activities and she will continue to be unable to do so for an indefinite time. 65. As a further result of defendants' tortious conduct, Taylor Maher has suffered a significant loss in her enjoyment of the pleasures of life and will continue to suffer such loss for an indefinite time. 66. As a further result of defendants' tortious conduct, plaintiff has incurred significant expenses for medical treatment, medical consultations, rehabilitation and other related expenses in an effort to treat the minor-plaintiffs condition and to maximize her rehabilitation, and she will continue to incur such expenses for an indefinite time. WHEREFORE, plaintiffs demand judgment against defendants, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs and damages for prejudgment delay. -15- COUNT V Plaintiff v. Conemaueh DB GYN Associates 67. Paragraphs 1 through 66 are herein incorporated by reference as though fully set forth at length herein. 68. The negligence of defendant, Conemaugh OB GYN Associates acting through its actual or ostensible agents, servants and/or employees consisted of the following: (a) failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to properly interpret, identify and respond to Jessica Pfuhl's medical condition including pre- term labor; (b). failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to conduct appropriate examinations of Jessica Pfuhl to formulate an appropriate diagnosis of her medical condition; (c). failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to conduct appropriate examinations and/or tests of Jessica Pfuhl to formulate an appropriate diagnosis of her medical condition; (d). failure to create and implement a training program designed to insure that all labor and delivery patients of Conemaugh receive accepted and standard medical care by the assigned nursing staff and physicians; ( e). assigning physicians and nurses to care for patients of the labor and delivery unit of Conemaugh who are not qualified to rendered standard and acceptable medical care; (t) failing to adequately staffthe labor and delivery unit to ensure that patients of Conemaugh receive timely medical care, particularly on an emergent basis; (g). failing to adopt and/or enforce adequate rules, policies and procedures in order to assure that physicians, nurses and other heaIthcare providers who are not competent to render care and treatment to its patients are not allowed to practice within its facilities; (h). failing to adopt and/or enforce adequate rules, policies and procedures to assure that adequate steps are taken to prevent injuries to patients such as the plaintiff; -16- (i) failing to provide emergent medical care to Jessica Pfuhl on September 15,2001 when she presented to the Labor & Delivery unit at Conemaugh Memorial Medical Center; (j) delaying for an inordinate period of time to tend to Jessica Pfuhl; (k) failing to timely assess Jessica Pfuhl's medical condition when she presented to the Labor & Delivery unit; (I) failing to appreciate the emergent need of Jessica Pfuhl's condition; (m) failing to timely respond to the numerous pages requesting that care be provided to Jessica Pfuhl; (n) failing to instruct the nurses and medical staff to provide interim medical care to Jessica Pfuhl; (0) failing to inquire into Jessica Pfuhl's condition during the time period in which he was being paged; and (p) failing to ensure that medical patients were not left unattended for an inordinate period of time while in the Labor & Delivery unit. 69. As a result of the tortious conduct of the defendants, as more particularly hereinafter set forth, Taylor Maher has suffered and continues from injuries which are serious and permanent in nature including, but not limited to, significant and profound physical and mental developmental delay due to severe prematurity at birth, which could have been prevented. 70. As a further result of defendants' tortious conduct, Taylor Maher has suffered and will continue to suffer, severe physical pain, mental suffering, physical disability and disfigurement, depression, mental distress and anguish and severe shock to her nerves and nervous system. 71. As a further result of defendants' tortious conduct, Taylor Maher has suffered economic losses in the form of permanent impairment of earning capacity and she will continue to suffer such loss for an indefinite time. 72. As a further result of defendants' tortious conduct, Taylor Maher has been unable to -17- attend to her usual activities and she will continue to be unable to do so for an indefinite time. 73. As a further result of defendants' tortious conduct, Taylor Maher has suffered a significant loss in her enjoyment ofthe pleasures of life and will continue to suffer such loss for an indefinite time. 74. As a further result of defendants' tortious conduct, plaintiff has incurred significant expenses for medical treatment, medical consultations, rehabilitation and other related expenses in an effort to treat the minor-plaintiffs condition and to maximize her rehabilitation, and she will continue to incur such expenses for an indefinite time. WHEREFORE, plaintiffs demand judgment against defendants, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs and damages for prejudgment delay. COUNT VI Plaintiff v. Conemaueh Health System. Inc. 75. Plaintiffs incorporate by reference paragraphs 1-74 above, as though set forth at length herein. 76. The negligent and careless conduct of defendant Conemaugh Health System, Inc. acting through its agents, servants and/or employees, consisted of the following: (a). failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to properly interpret, identify and respond to Jessica Pfuhl's medical condition including pre- term labor; (b). failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to conduct appropriate examinations of Jessica Pfuhl to formulate an appropriate diagnosis of her medical condition; (c). failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to conduct -18- appropriate examinations and/or tests of Jessica Pfuhl to formulate an appropriate diagnosis of her medical condition; (d). failure to create and implement a training program designed to insure that all labor and delivery patients of Conemaugh receive accepted and standard medical care by the assigned nursing staff and physicians; (e). assigning physicians and nurses to care for patients of the labor and delivery unit of Conemaugh who are not qualified to rendered standard and acceptable medical care; (f) failing to adequately staff the labor and delivery unit to ensure that patients of Conemaugh receive timely medical care, particularly on an emergent basis; (g). failing to adopt and/or enforce adequate rules, policies and procedures in order to assure that physicians, nurses and other healthcare providers who are not competent to render care and treatment to its patients are not allowed to practice within its facilities; (h). failing to adopt and/or enforce adequate rules, policies and procedures to assure that adequate steps are taken to prevent injuries to patients such as the plaintiff; (i) failing to provide emergent medical care to Jessica Pfuhl on September 15, 2001 when she presented to the Labor & Delivery unit at Conemaugh Memorial Medical Center; (j) delaying for an inordinate period of time to tend to Jessica Pfuhl; (k) failing to timely assess Jessica Pfuhl's medical condition when she presented to the Labor & Delivery unit; (I) failing to appreciate the emergent need of Jessica Pfuhl's condition; (m) failing to timely respond to the numerous pages requesting that care be provided to Jessica Pfuhl; (n) failing to instruct the nurses and medical staff to provide interim medical care to Jessica Pfuhl; (0) failing to inquire into Jessica Pfuhl's condition during the time period in which he was being paged; and (p) failing to ensure that medical patients were not left unattended for an inordinate period of time while in the Labor & Delivery unit. -19- 77. As a result of the tortious conduct of the defendants, as more particularly hereinafter set forth, Taylor Maher has suffered and continues from injuries which are serious and permanent in nature including, but not limited to, significant and profound physical and mental developmental delay due to severe prematurity at birth, which could have been prevented. 78. As a further result of defendants' tortious conduct, Taylor Maher has suffered and will continue to suffer, severe physical pain, mental suffering, physical disability and disfigurement, depression, mental distress and anguish and severe shock to her nerves and nervous system. 79._ As a further result of defendants' tortious conduct, Taylor Maher has suffered economic losses in the form of permanent impairment of earning capacity and she will continue to suffer such loss for an indefinite time. 80. As a further result of defendants' tortious conduct, Taylor Maher has been unable to attend to her usual activities and she will continue to be unable to do so for an indefinite time. 81. As a further result of defendants' tortious conduct, Taylor Maher has suffered a significant loss in her enjoyment of the pleasures of life and will continue to suffer such loss for an indefinite time. 82. As a further result of defendants' tortious conduct, plaintiff has incurred significant expenses for medical treatment, medical consultations, rehabilitation and other related expenses in an effort to treat the minor-plaintiffs condition and to maximize her rehabilitation, and she will continue to incur such expenses for an indefinite time. WHEREFORE, plaintiffs demand judgment against defendants, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs and damages for prejudgment delay. -20- COUNT VII Plaintiff v. Conemaueh Memorial Medical Center 83. Plaintiffs incorporate by reference paragraphs 1-82 above, as though set forth at length herein. 84. The negligent and careless conduct of defendant Conemaugh Memorial Medical Center acting through its agents, servants and/or employees, consisted of the following: (a). failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to properly interpret, identify and respond to Jessica Pfuhl's medical condition including pre- term labor; (b). failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to conduct appropriate examinations of Jessica Pfuhl to formulate an appropriate diagnosis of her medical condition; (c). failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to conduct appropriate examinations and/or tests of Jessica Pfuhl to formulate an appropriate diagnosis of her medical condition; (d). failure to create and implement a training program designed to insure that all labor and delivery patients of Conemaugh receive accepted and standard medical care by the assigned nursing staff and physicians; (e). assigning physicians and nurses to care for patients ofthe labor and delivery unit of Conemaugh who are not qualified to rendered standard and acceptable medical care; (f) failing to adequately staff the labor and delivery unit to ensure that patients of Conemaugh receive timely medical care, particularly on an emergent basis; (g). failing to adopt and/or enforce adequate rules, policies and procedures in order to assure that physicians, nurses and other healthcare providers who are not competent to render care and treatment to its patients are not allowed to practice within its facilities; (h). failing to adopt and/or enforce adequate rules, policies and procedures to assure that adequate steps are taken to prevent injuries to patients such as the plaintiff; -21- (i) failing to provide emergent medical care to Jessica Pfuhl on September 15, 2001 when she presented to the Labor & Delivery unit at Conemaugh Memorial Medical Center; (j) delaying for an inordinate period of time to tend to Jessica Pfuhl; (k) failing to timely assess Jessica Pfuhl's medical condition when she presented to the Labor & Delivery unit; (1) failing to appreciate the emergent need of Jessica Pfuhl's condition; (m) failing to timely respond to the numerous pages requesting that care be provided to Jessica Pfuhl; (n) failing to instruct the nurses and medical staff to provide interim medical care to Jessica Pfuhl; (0) failing to inquire into Jessica Pfuhl's condition during the time period in which he was being paged; and (p) failing to ensure that medical patients were not left unattended for an inordinate period of time while in the Labor & Delivery unit. 85. As a result of the tortious conduct of the defendants, as more particularly hereinafter set forth, Taylor Maher has suffered and continues from injuries which are serious and permanent in nature including, but not limited to, significant and profound physical and mental developmental delay due to severe prematurity at birth, which could have been prevented. 86. As a further result of defendants' tortious conduct, Taylor Maher has suffered and will continue to suffer, severe physical pain, mental suffering, physical disability and disfigurement, depression, mental distress and anguish and severe shock to her nerves and nervous system. 87. As a further result of defendants' tortious conduct, Taylor Maher has suffered economic losses in the form of permanent impairment of earning capacity and she will continue to suffer such loss for an indefinite time. 88. As a further result of defendants' tortious conduct, Taylor Maher has been unable to -22- attend to her usual activities and she will continue to be unable to do so for an indefinite time. 89. As a further result of defendants' tortious conduct, Taylor Maher has suffered a significant loss in her enjoyment of the pleasures of life and will continue to suffer such loss for an indefinite time. 90. As a further result of defendants' tortious conduct, plaintiff has incurred significant expenses for medical treatment, medical consultations, rehabilitation and other related expenses in an effort to treat the minor-plaintiffs condition and to maximize her rehabilitation, and she will continue to incur such expenses for an indefinite time. WHEREFORE, plaintiffs demand judgment against defendants, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs and damages for prejudgment delay. By: SHRAGER ~~VEY & SACHS, P.C. ; I l l~ i / 1 I WAYNE ~ SPIVEY STEVtNL. CHUNG Attor~s for Plaintiffs -23- VERIFICATION Jessica Pfuhl hereby states that she is one of the plaintiffs in the foregoing action and that the foregoing averments in the Complaint are true and correct to the best of her knowledge, information and belief. The language of said averments is that of counsel and not of plaintiff. Plaintiff has read the Complaint and to the extent that it is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the language of the Complaint is that of counsel, she has relied upon counsel in making this verification. This Statement is made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~. -;. . . .)) ....__..tl '... "...L__r"A-:~' "-____ JESS)CA PfUHL I ' l./ / VERIFICATION Jeremy Maher hereby states that he is one of the plaintiffs in the foregoing action and that the foregoing averments in the Complaint are true and correct to the best of his knowledge, information and belief. The language of said averments is that of counsel and not of plaintiff. Plaintiff has read the Complaint and to the extent that it is based upon information which she has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the language of the Complaint is that of counsel, he has relied upon counsel in making this verification. This Statement is made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn --------- falsification to authorities. .. ./... >2--~r / / '~L-----. J" .... [../.... qE'REMY MAHER , . MICHAEL W. MCGUCKIN, ESQUIRE J.D. No. 49464 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3515 Attorney for Defendants TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiffs, v. GEORGE E. JEFFERIES, M.D., SAMBHU N. KUNDU, M.D., CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC., ADIB NAJIB KHOUZAMI, M.D. CONEMAUGH OB GYN ASSOCIATES, CONEMAUGH HEALTH SYSTEM, INC., and CONEMAUGH MEMORIAL MEDICAL CENTER, No: 06-6241 CIVIL TERM JURY TRIAL DEMANDED Defendants BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS OF DEFENDANTS, GEORGE E. JEFFERIES, M.D., SAMBHU N. KUNDU, M.D., AND CENTRAL PENNSYL VANIA OBSTETRICS-GYNECOLOGY, INC., TO PLAINTIFF'S COMPLAINT I. INTRODUCTION Plaintiffs Complaint in this case was filed on or about October 26, 2006. The claims are in essence medical malpractice claims based upon an alleged failure to comply with the applicable standards of care during a course of medical treatment and care rendered to Plaintiffs mother, Jessica Pfuhl during her pregnancy with Taylor Maher. Defendants George E. Jefferies, M.D., Sambhu N. Kundu, M.D., and Central Pennsylvania Obstetrics-Gynecology, Inc., timely filed Preliminary Objections to Plaintiffs Complaint. This brief is respectfully submitted in support of those Preliminary Objections. ~ II. QUESTIONS PRESENTED 1. Whether all allegations of corporate negligence against George E. Jefferies, M.D., Sambhu N. Kundu, M.D., and Central Pennsylvania Obstetrics-Gynecology, Inc. must be dismissed because the Superior Court has expressly declined to extend that doctrine to claims against physician practice groups? Suggested Answer: Yes. III. ARGUMENT 1. Paragraphs 52 0), (k), (I), and (m) of Plaintiffs Complaint must be dismissed because physician practice groups are not subject to corporate negligence claims. Paragraphs 52 (j), (k), (I), and (m) of Plaintiffs Complaint attempt to assert a theory of liability against Defendant, George E. Jefferies, M.D., Sambhu N. Kundu, M.D., and Central Pennsylvania Obstetrics-Gynecology, Inc., based upon corporate negligence as set forth in the Pennsylvania Supreme Court case of Thompson v. Nason Hospital, 527 Pa. 330, 591 A.2d 703 (1991). In Thompson, the Pennsylvania Supreme Court for the first time imposed upon a hospital a direct and non-delegable duty owed directly to the patient from the hospital. In establishing the doctrine of "corporate negligence" the Pennsylvania Supreme Court held that: a "hospital is liable if it fails to uphold the proper standard of care owed the patient which is to ensure that patient's safety and wellbeing while at the hospital. This theory of liability creates a non-delegable duty which the hospital owes directly to a patient. Therefore, an injured party does not have to rely on and establish the negligence of a third party. " Thompson, 591 A.2d at 707. (emphasis supplied). In Thompson, the Pennsylvania Supreme Court set forth four general areas where a hospital may be held liable on a theory of corporate liability. These four areas are as follows: 1. A duty to use reasonable care in the maintenance of safe and adequate facilities and equipment; 2. A duty to select and retain only competent physicians; 3. A duty to oversee all persons who practice medicine within its walls as to patient care; 2 .. .~ . 4. A duty to formulate, adopt and enforce adequate rules and policies to ensure quality care for patients. Thompson, 591 A.2d at 707. (Emphasis added.) Defendants, George E. Jefferies, M.D., Sambhu N. Kundu, M.D., and Central Pennsylvania Obstetrics-Gynecology, Inc., respectfully submit that as individual health care providers and as an Ob/Gyn practice, they are not subject to liability under the doctrine of corporate negligence. While the doctrine of corporate liability has been extended to entities other than hospitals, including a health maintenance organization and a personal care facility, it has not been extended to individual physicians or their medical practice. See: Mohler v. Jeke, 407 Pa. Super. 478, 595 A.2d 1247 (1991) and Shannon v. McNulty, 718 A.2d 828 (Pa. Super. 1998). In fact, at least one Court in this Commonwealth has specifically held that the doctrine of corporate negligence only applies to hospitals and does not extend to other entities such as, for example, medical groups. See, Remshifski v. Kraus, No. 1845 Civ. 1992, Slip Op at 5-6 (CCP Monroe September 8, 1995). First, based upon the allegations ofPlaintifl's Complaint, it is clear that the medical care complained of against moving defendants occurred in their office setting and not at a hospital or stand alone medical center. Moreover, and more important, these opinions were issued before the Pennsylvania Appellate Courts had occasion to consider extension of the doctrine to physician groups generally. The Superior Court, however, has addressed this issue in Sutherland v. Monongahela Valley Hospital. 2004 Pa. Super. 245, 856 A.2d 55 (2004). In Sutherland, Richard J. Alito, M.D., a member of the physician group Band B Orthopedic Associates, P.c., performed a surgical procedure known as a posterial tibial tendon reconstruction at the Monongahela Hospital. 856 A.2d at 57. After a jury verdict was entered against Dr. Alito, he argued that the trial court committed error because it did not charge the jury on the doctrine of corporate negligence against B and B. Id, at 61. Dr. Alito cited Thompson v. Nason Hospital, supra. 3 . The Superior Court noted first that the policy considerations behind the establishment of corporate liability for hospitals "are not present in the situation of a physician's office." Sutherland. 856 A.2d at 61-62. The Superior Court specifically noted that the Supreme Court recognized in Thompson that "the corporate hospital oftoday has assumed the role of a comprehensive health center with responsibility for arranging and coordinating the total health care of its patients." 856 A.2d at 62, quoting Thompson. 591 A.2d at 706. Because physician practice groups do not purport to assume such a comprehensive role, the Superior Court declined the "invitation to extend the negligence principals contemplated by Thompson to the case sub judice. " Sutherland. 856 A.2d at 62. The surgery in Sutherland occurred in a hospital setting. Similarly, according to the Complaint filed in this case, the care at issue here against moving defendants occurred while the Plaintiff's Mother was being seen at her Ob/Gyn's office. The Superior Court has explicitly declined to extend the corporate negligence theory ofliability to a physician's group under these circumstances. The Courts of Common Pleas have also addressed the issue of whether the Doctrine of Corporate Liability should be extended to physicians and/or their professional practices and have concluded that it does not. In further support of their demurrer, Objecting Defendants rely upon Dibble v. Penn State Geisinger Clinic, 42 D.&C. 4th, 225 (1999); Dowhouer v. Judson, No. 2548 S 1997(CP Dauphin March 10, 2000) (Lewis, l), and Brewer v. Geisinger Clinic. Inc., 45 Pa. D.&C. 4th 215; 2000 Pa. D.&C. LEXIS 3 (2000). The Courts in Dibble, supra, Dowhouer, supra, and Brewer, supra, acknowledged that the doctrine of corporate negligence has only been extended to health maintenance organizations (HMO's). The distinguishing factor is that HMO's involve themselves daily in decisions affecting their subscribers' medical care and perform a central role in the total healthcare of their subscribers. The Courts have distinguished a physician's group on the basis that it cannot be 4 . "'. .. considered to be a comprehensive healthcare center nor can it be construed to playa central role in the total health of its patients. There are no cases in which the Courts have permitted a claim of corporate negligence to proceed against individual physicians. In particular, the Court in Dowhouer, supra, specifically addressed whether the doctrine of corporate negligence should be extended to a group devoted exclusively to the practice of cardiovascular surgery and found that it should not. In this matter, the Plaintiffs are attempting to proceed with claims of corporate negligence as against an Ob/Gyn practice. Under the conclusions of the cases noted above, such claims have no validity and therefore should be dismissed. The Court of Common Pleas of Lehigh County has also specifically declined to extend the doctrine of corporate negligence beyond a hospital. In Tuffiash v. Lehigh Valley Hospital, 46 Lehigh LJ. 181 (1994) (Wallitsch, J.), the Court was presented with the Defendant physicians group's Preliminary Objections in the nature of a Demurrer to Plaintiffs' claims of corporate negligence. In sustaining those Preliminary Objections, the Court specifically held that the doctrine of corporate negligence "imposes a cumbersome duty which has not been extended in its application beyond a hospital." Tuffiash, at 184. The Court specifically refused to extend the doctrine to any entity other than a hospital. Defendants, George E. Jefferies, M.D., Sambhu N. Kundu, M.D., and Central Pennsylvania Obstetrics-Gynecology, Inc., therefore respectfully submits that Paragraphs 52 (D, (k), (1), and (m) (t) ofPlaintitrs Complaint, which is based upon the doctrine of corporate liability established in Thompson. supra, must be dismissed, with prejudice. 5 ., Ir" .. IV. CONCLUSION For all of the foregoing reasons, Defendants, George E. Jefferies, M.D., Sambhu N. Kundu, M.D., and Central Pennsylvania Obstetrics-Gynecology, Inc., respectfully request that this Honorable Court sustain their Preliminary Objections and strike Paragraphs 52 0), (k), (1), and (m) of Plaintiffs Complaint. Respectfully submitted, MARSHALL, DENNE HEY, WARNER COLEMAN & GOGGIN ~ ichae . McGuckin, Esquire Attorney for Defendant Dr. Jefferies, Sambhu N. Kundu, M.D., and Central Pennsylvania Obstetrics-Gynecology, Inc. Date: \05_ A \LIAB\MWMCGUCKIN\TRLD\240043\MGWHITE\0 I 0 12\00 136 6 '" - . CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Preliminary Objections of Defendants, George E. Jefferies, M.D., Sambhu N. Kundu, M.D., and Central Pennsylvania Obstetrics-Gynecology, Inc., to Plaintiffs Complaint, Brief in Support thereof and Order has been served upon the following known counsel of record this 26th day of December, 2006, by: X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Hand Delivery Overnight Mail Fax Transmission Electronic Mail at the following address(es) and/or number(s): Wayne R. Spivey, Esquire Shrager, Spivey & Sachs 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, P A 19103 Attorney for Plaintiff MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: g~:;f Attorney for Defendant Dr. Jefferies, Sambhu N. Kundu, M.D., and Central Pennsylvania Obstetrics-Gynecology, Inc. \05_ A \LIAB\MWMCGUCKIN\TRLD\240303\MGWHITE\0 I 012\00136 f"'.:) (-") t~_;; ..:f\ '=.::;_..... ~:~-'\ . C-) ,'.J '--1 ~:1 ~,. r:~ 1"<> ,..--