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HomeMy WebLinkAbout14-6802 Supreme Cour-.t-of Pennsylvania Cou, Com` bn Pleas ,, O,�)Ceet For Prothonotary Use Only: Docket No: urn :.erl t County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S Q Complaint ❑ Writ of Summons ❑ Petition ❑ Notice of Appeal ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Kenneth Sutch Reza George Azizkhan, Jr., D.O. I ❑ Check here if you are a Self-Represented (Pro Se)Litigant 0 Name of Plaintiff/Appellant's Attorney: Daryl E. Christopher, Esquire N Are money damages requested? : Q Yes ❑ No Dollar Amount Requested: within arbitration limits (Check one) x_outside arbitration limits A Is this a Class Action Suit? ❑ Yes ❑ No Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection:Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection:Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation ❑ Premises Liability ❑ Zoning Board S ❑ Product Liability(does not include ❑ Statutory Appeal:Other mass tort) ❑ Employment Dispute: E ❑ Slander/Libel/Defamation Discrimination C ❑ Other: ❑ Employment Dispute:Other T Judicial Appeals ❑ MDJ-Landlord/Tenant I ❑ Other: ❑ MDJ-Money Judgment O MASS TORT ❑ Other: ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration B ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations ❑ Mortgage Foreclosure Restraining Order PROFESSIONAL LIABLITY ❑ Partition ❑ Quo Warranto ❑ Dental ❑ Quiet Title ❑ Replevin ❑ Legal Q Medical ❑ Other: ❑ Other: ❑ Other Professional: Pa.R.C.P,205.5 212010 �r v SCHMIDT KRAMER PC BY: Daryl E. Christopher, Esquire I.D.#91895 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff dchristopher(aschmidtkramer.com KENNETH AND DOROTHY SUTCH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiffs, PENNSYLVANIA V. CIVIL ACTION— MEDICAL REZA GEORGE AZIZKHAN, JR., D.O. PROFESSIONAL LIABILITY ACTION AZIZKHAN INTERNAL MEDICINE ASSOCIATES, P.C., AND AZIZKHAN NO. �� �� !U�, INTERNAL MEDICINE ASSOCIATES JURY TRIAL DEMANDED Defendants 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. C�3) 2.. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mas adelante en las siguientes pdginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a , las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes para used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South.Bedford Street Carlisle, PA 17013 (717) 249-3166 SCHMIDT KRAMER PC BY: Daryl E. Christopher, Esquire I.D.#91895 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff dchristopher(aschmidtkramer.com KENNETH AND DOROTHY SUTCH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiffs, PENNSYLVANIA V. CIVIL ACTION— MEDICAL REZA GEORGE AZIZKHAN, JR., D.O. PROFESSIONAL LIABILITY ACTION AZIZKHAN INTERNAL MEDICINE ASSOCIATES, P.C., AND AZIZKHAN NO. INTERNAL MEDICINE ASSOCIATES JURY TRIAL DEMANDED Defendants COMPLAINT Parties 1. Plaintiffs Kenneth and Dorothy Sutch are married adult individuals and a citizen of the Commonwealth of Pennsylvania, who reside in Harrisburg, Dauphin County Pennsylvania. 2. Defendant Reza George Azizkhan, Jr., D.O., is a physician specializing in internal medicine who is licensed to practice medicine in Pennsylvania. Defendant Azizkhan maintains offices in and regularly conducts business in Cumberland County, Pennsylvania. Plaintiffs are asserting a professional liability claim against Defendant Azizkhan. A Certificate of Merit is filed herewith as Exhibit A. 3. Defendant Azizkhan Internal Medicine Associates, P.C., is a professional corporation created under the laws of the Commonwealth of Pennsylvania which at all relevant times employed Defendant Azizkhan, who was acting within the course and scope of his employment for Defendant Azizkhan Internal Medicine Associates, P.C. Plaintiff is asserting a professional liability claim against Defendant Azizkhan Internal Medicine Associates, P.C. A Certificate of Merit is filed herewith as Exhibit B. 4. Defendant Azizkhan Internal Medicine Associates is a registered fictitious name for an entity which at all relevant times employed Defendant Azizkhan, who was acting within the course and scope of his employment for Defendant Azizkhan Internal Medicine Associates. Plaintiff is asserting a professional liability claim against Defendant Azizkhan Internal Medicine Associates. A Certificate of Merit is filed herewith as Exhibit C. 5. Defendant Azizkhan Internal Medicine Associates maintains offices in and regularly conducts business in Cumberland County. Facts 6. Levaquin increases the risk of a patient developing tendonitis and tendon rupture. 7. The increased risk of tendonitis and tendon rupture caused by Levaquin is further increased when a patient is over the age of 60. 8. The increased risk of tendonitis and tendon rupture caused by Levaquin is further increased by the concomitant use of steroids. 9. On July 8, 2008, the FDA published an FDA ALERT notifying the makers of Levaquin of the need to add a boxed warning to the prescribing information about the increased risk of developing tendinitis and tendon rupture in patients taking these drugs because the drugs are associated with an increased risk of tendonitis and tendon rupture. This risk is further increased in patients over the age of 60 and with the use of concomitant steroid therapy. 10. Mr. and Mrs. Sutch are not medical professionals and were not aware of any risks associated with Levaquin. They relied entirely on Dr. Azizkhan and followed his advice. 11. Physicians should advise patients taking Levaquin, that at the first sign of tendon pain, swelling, or inflammation, to stop taking the fluoroquinolone, to avoid exercise and use of the affected area, and to promptly contact their doctor about changing to a non-fluoroquinolone antimicrobial drug. 12. On January 14, 2013, Kenneth Sutch was treated by Defendant Azizkhan at an office visit. At the time, Mr. Sutch was complaining of shortness of breath, wheezing, and a productive cough for the past five days. 13. At the time of the office visit, Mr. Sutch was 81 years old. 14. Defendant Azizkhan gave Mr. Sutch an injection of depo-medrol, a steroid, and gave him samples of oral prednisone, another steroid, to use as a steroid taper. 15. Defendant Azizkhan also prescribed Levaquin 500mg tablets once per day to be taken by Mr. Sutch with his prednisone. 16. At that time, Mr. Sutch's extremities were normal, with no swelling or deformity and full range of motion. 17. Defendant Azizkhan gave Mr. Sutch no warnings or information about the risk of tendon injuries to patients taking Levaquin or what to do if Mr. Sutch felt any tendon pain, swelling, or information. 18. Defendant Azizkhan next treated Mr. Sutch on January 23, 2013, for an annual physical. 19. Per medical records, at that time Mr. Sutch was still taking Levaquin and prednisone taper for an upper respiratory infection. Mr. and Mrs. Sutch do not recall whether Mr. Sutch had completed his course of antibiotics at the time of the January 23, 2013, office visit. 20. At the office visit, Mr. Sutch was complaining of mild tenderness bilaterally in his Achilles area without any obvious deformity. This information is documented in Dr. Azizkhan's chart. 21. At that time, Dr. Azizkhan did not discontinue Mr. Sutch's Levaquin, did not advise him of the risks of tendon injury caused by Levaquin, and did not advise Mr. Sutch to avoid use or exercise of his Achilles tendon area. 22. Dr. Azizkhan provided no guidance or treatment for Mr. Sutch's tender Achilles tendons. 23. Dr. Azizhkan did not list Mr. Sutch's tendon pain on the problem list and did not provide any evaluation or patient instruction regarding the cause of the pain or what to do in response to the pain. 24. By early February, Mr. Sutch suffered bilateral Achilles tendon ruptures requiring painful surgical repair. 25. Mr. Sutch underwent surgery to replace both of his Achilles tendons. 26. Following surgery, Mr. Sutch required an extensive period of rest followed by extensive physical therapy. Mr. Sutch continues with physical therapy. 27. Mr. Sutch continues to be plagued by weakness, disability, and difficulty walking caused by his Achilles tendon ruptures. 28. Mr. Sutch must use a cane to walk inside of his home and a walker when he travels outside of his home. 29. Mr. and Mrs. Stitch's activity level has been greatly limited by Mr. Stitch's Achilles tendon injuries. 30. Mr. Sutch has very limited endurance with standing and walking and is unable to help with household chores as he once did. 31. At the time of his injuries, Mr. Sutch was actively seeking employment, but as a result of his injuries, is no longer able to work. COUNT Kenneth Sutch v. Reza George Azizkhan,Jr., D.O. 32. All of the allegations made in the preceding paragraphs of this Complaint are incorporated herein by reference. 33. All of Mr. Stitch's damages were the result of the negligent, careless, and substandard care provided to him by Defendant Reza George Azizkhan Jr., D.O., which caused or increased the risk that Mr. Sutch would suffer ruptures to his Achilles tendons, in that he: a. Concomitantly prescribed Levaquin and steroids to a patient over the age of 60, when other treatments that carried considerably less risk were available to treat an upper respiratory infection; b. Failed to advise Mr. Sutch of the risks of tendon injury in patients over the age of 60 who take Levaquin and steroids; c. Failed to advise Mr. Sutch of the warning signs of tendon injury; d. Failed to advise Mr. Sutch to immediately discontinue Levaquin at the first sign of tendon injury; e. Failed to advise Mr. Sutch to rest his legs and to avoid use of his Achilles tendons at the first sign of tendon injury; f. Failed to recognize the signs and symptoms of tendon injury in a patient taking Levaquin and steroids who was over the age of 60; g. Failed to properly diagnose and treat Mr. Sutch's tendon injuries before he developed bilateral tendon ruptures h. Failed to perform a proper differential diagnosis of the cause of Mr. Sutch's leg pain on January 23, 2013; and i. Failed to keep himself up to date on the risks of concomitantly prescribing Levaquin and steroids to patients over the age of 60; 34. As a result of the injuries suffered by Mr Sutch, he has incurred and in the future will incur expenses for medical and surgical treatment, medications, therapy, assistive devices, and assistance with his activities of daily living, in an attempt to restore himself to health and independence, and claims are made therefor. 35. As a result of the injuries suffered by Mr. Sutch, he has been forced to endure and will in the future endure pain, suffering, humiliation, embarrassment, and loss of the ability to enjoy life's pleasures, and claims are made therefor. 36. As a result of the injuries suffered by Mr. Sutch, he has suffered from permanent disfigurement, and a claim is made therefor. 37. As a result of the injuries suffered by Mr. Sutch, he has suffered past wage loss and a permanent diminution of his future earning capacity, and claims are made therefor. WHEREFORE, Plaintiff, Kenneth Sutch, demands judgment against Defendant Azizkhan in an amount in excess of Fifty Thousand Dollars ($50,000), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT II Kenneth Sutch v. Azizkhan Internal Medicine Associates, P.C. 38. All of the allegations made in the preceding paragraphs of this Complaint are incorporated herein by reference. 39. All of Mr. Sutch's damages were the result of the negligent, careless, and substandard care provided to him by Defendant Reza George Azizkhan Jr., D.O., as stated above, which caused or increased the risk that Mr. Sutch would suffer ruptures to his Achilles tendons. 40. At the time that he treated Mr. Sutch, Dr. Azizkhan was acting as the agent, servant, ostensible agent, apparent agent, or inherent agent of Defendant Azizkhan Internal Medicine Associates, P.C., and was acting within the scope of his agency and employment. 41. Defendant Azizkhan Internal Medicine Associates, P.C., is vicariously liable and responsible for the negligence of Dr. Azizkhan as stated above. 42. As a result of the injuries suffered by Mr Sutch, he has incurred and in the future will incur expenses for medical and surgical treatment, medications, therapy, assistive devices, and assistance with his activities of daily living, in an attempt to restore himself to health and independence, and claims are made therefor. 43. As a result of the injuries suffered by Mr. Sutch, he has been forced to endure and will in the future endure pain, suffering, humiliation, embarrassment, and loss of the ability to enjoy life's pleasures, and claims are made therefor. 44. As a result of the injuries suffered by Mr. Sutch, he has suffered from permanent disfigurement, and a claim is made therefor. 45. As a result of the injuries suffered by Mr. Sutch, he has suffered past wage loss and a permanent diminution of his future earning capacity, and claims are made therefor. WHEREFORE, Plaintiff, Kenneth Sutch, demands judgment against Defendant Azizkhan Internal Medicine Associates, P.C., in an amount in excess of Fifty Thousand Dollars ($50,000), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT III Kenneth Sutch v. Azizkhan Internal Medicine Associates 46. All of the allegations made in the preceding paragraphs of this Complaint are incorporated herein by reference. 47. All of Mr. Sutch's damages were the result of the negligent, careless, and substandard care provided to him by Defendant Reza George Azizkhan Jr., D.O., as stated above, which caused or increased the risk that Mr. Sutch would suffer ruptures to his Achilles tendons. 48. At the time that he treated Mr. Sutch, Dr. Azizkhan was acting as the agent, servant, ostensible agent, apparent agent, or inherent agent of Defendant Azizkhan Internal Medicine Associates and was acting within the scope of his agency and employment. 49. Defendant Azizkhan Internal Medicine Associates is vicariously liable and responsible for the negligence of Dr. Azizkhan as stated above. 50. As a result of the injuries suffered by Mr Sutch, he has incurred and in the future will incur expenses for medical and surgical treatment, medications, therapy, assistive devices, and assistance with his activities of daily living, in an attempt to restore himself to health and independence, and claims are made therefor. 51. As a result of the injuries suffered by Mr. Sutch, he has been forced to endure and will in the future endure pain, suffering, humiliation, embarrassment, and loss of the ability to enjoy life's pleasures, and claims are made therefor. 52. As a result of the injuries suffered by Mr. Sutch, he has suffered from permanent disfigurement, and a claim is made therefor. 53. As a result of the injuries suffered by Mr. Sutch, he has suffered past wage loss and a permanent diminution of his future earning capacity, and claims are made therefor. WHEREFORE, Plaintiff, Kenneth Sutch, demands judgment against Defendant Azizkhan Internal Medicine Associates in an amount in excess of Fifty Thousand Dollars ($50,000), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT IV Dorothy Sutch v. Reza George Azizkhan,Jr., D.O. 54. All of the allegations made in the preceding paragraphs of this Complaint are incorporated herein by reference. 55. As a result of the injuries to her husband, as stated above, Dorothy Sutch has been deprived of the care, custody, society, consortium, and services of her husband, Kenneth Sutch, and claims are made therefor. WHEREFORE, Plaintiff, Dorothy Sutch, demands judgment against Defendant Azizkhan in an amount in excess of Fifty Thousand Dollars($50,000), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT V Dorothy Sutch v. Azizkhan Internal Medicine Associates, P.C. 56. All of the allegations made in the preceding paragraphs of this Complaint are incorporated herein by reference. 57. As a result of the injuries to her husband, as stated above, Dorothy Sutch has been deprived of the care, custody, society, consortium, and services of her husband, Kenneth Sutch, and claims are made therefor. WHEREFORE, Plaintiff, Dorothy Sutch, demands judgment against Defendant Azizkhan Internal Medicine Associates, P.C., in an amount in excess of Fifty Thousand Dollars($50,000), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT VI Dorothy Sutch v. Azizkhan Internal Medicine Associates 58. All of the allegations made in the preceding paragraphs of this Complaint are incorporated herein by reference. 59. As a result of the injuries to her husband, as stated above, Dorothy Sutch has been deprived of the care, custody, society, consortium, and services of her husband, Kenneth Sutch, and claims are made therefor. WHEREFORE, Plaintiff, Dorothy Sutch, demands judgment against Defendant Azizkhan Internal Medicine Associates in an amount in excess of Fifty Thousand Dollars($50,000), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, SCHMIDT KRAMER Daryl E. Christopher, Esquire Attorney ID# : 91895 209 State Street Harrisburg, PA 17101 P. (717) 232-6300 F. (717) 232-6467 Attorneys for Plaintiff dchristopher@schmidtkramer.com Date: l llao/, VERIFICATION We, Kenneth and Dorothy Sutch, Plaintiffs, hereby verify that the facts set forth in the foregoing COMPLAINT are true and correct to the best of our knowledge, information and belief. We understand that any false statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904,relating to unsworn falsification to authorities. WITNESS: 16Aneth Sutch Date: t f WITNESS: Dorothy Sutch Date: e SCHMIDT KRAMER PC BY: Daryl E. Christopher, Esquire I.D.#91895 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff dchristopher(a),schmidtkramer.com KENNETH AND DOROTHY SUTCH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiffs, PENNSYLVANIA V. CIVIL ACTION— MEDICAL REZA GEORGE AZIZKHAN, JR., D.O. PROFESSIONAL LIABILITY ACTION AZIZKHAN INTERNAL MEDICINE ASSOCIATES, P.C., AND AZIZKHAN NO. INTERNAL MEDICINE ASSOCIATES JURY TRIAL DEMANDED Defendants CERTIFICATE OF MERIT AS TO REZA GEORGE AZIZKHAN, JR.,D.O. 1, Daryl E. Christopher, certify that: (x) an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment,practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR () the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ( ) expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: )0�f/y `— Daryl E. Christopher, Esquire EXHIBIT A SCHMIDT KRAMER PC BY: Daryl E. Christopher, Esquire I.D.#91895 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff dchristo he schmidtkramer.com KENNETH AND DOROTHY SUTCH, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiffs, PENNSYLVANIA V. CIVIL ACTION— MEDICAL REZA GEORGE AZIZKHAN, JR., D.O. PROFESSIONAL LIABILITY ACTION AZIZKHAN INTERNAL MEDICINE ASSOCIATES, P.C., AND AZIZKHAN NO. INTERNAL MEDICINE ASSOCIATES JURY TRIAL DEMANDED Defendants CERTIFICATE OF MERIT AS AZIZKHAN INTERNAL MEDICINE ASSOCIATES, P.C. I, Daryl E. Christopher, certify that: () an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment,.practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR (x)the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment,practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR () expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: AI)-611t Daryl E. Christopher, Esquire EXHIBIT B SCHMIDT KRAMER PC BY: Daryl E. Christopher, Esquire I.D.#91895 209 State Street Harrisburg, PA 17101 (717) 232-6300 Attorneys for Plaintiff _ dchristopher(,schmidtkramer com KENNETH AND DOROTHY SUTCH, 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, V. Plaintiffs, PENNSYLVANIA CIVIL ACTION— EDICAL REZA GEORGE AZIZKHAN, JR., D.O. PROFESSIONAL LIIABI TY ACTION AZIZKHAN INTERNAL MEDICINE ASSOCIATES, P.C., AND AZIZKHAN NO. INTERNAL MEDICINE ASSOCIATES JURY TRIAL DEMANDED Defendants CERTIFICATE OF MERIT AS TO AZIZKHAN INTERNAL MEDICINE ASSOCIATES 1, Daryl E. Christopher, certify that: () an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment,practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR (x)the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR () expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: — Daryl E. Christopher, Esquire EXHIBIT C SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson i- !LED-OF i IC '; Sheriff = THE PR'O I HO' O tAI Jody S Smith 2001li DEC 1 2 Psi 3:21 Chief Deputy Richard W Stewart :, CUMBERLAND COUNTY Solicitor cIFFICEQFT : s.iF= PENNSYLVANIA Kenneth Sutch vs. Reza George Azizkhan, Jr DO (et al.) Case Number 2014-6802 SHERIFF'S RETURN OF SERVICE 12/09/2014 02:22 PM - Deputy Brian Barrick, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Susan Pannebaker, Office Manager, who accepted as "Adult Person in Charge" for Azizkhan Internal Medicine Associates at 888 Poplar Church Road, East Pennsboro Township, Camp Hill, PA 17011. ` f� /f% IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KENNETH AND DOROTHY SUTCH, : DOCKET NO. 14-6802 Plaintiffs, : CIVIL ACTION - LAW v. REZA GEORGE AZIZKHAN, JR., D.O.; : JURY TRIAL DEMANDED AZIZKHAN INTERNAL MEDICINE ASSOCIATES, P.C.; AND AZIZKHAN INTERNAL MEDICINE ASSOCIATES, Defendants. Cr czr rr2 C) ENTRY OF APPEARANCE Kindly enter the appearance of Michael D. Pipa, Esquire and Colleen A. Baird, Esquire on behalf of Defendants Reza George Azizkhan, Jr., D.O.; Azizkhan Internal Medicine Associates, P.C.; and Azizkhan Internal Medicine Associates. All papers should be served at 17 North Second Street, 16th Floor, Harrisburg, Pennsylvania 17101. STEVENS & LEE Date: 1-2-12-2-1 1 N SL1 1341842v1 041199.00830 By: CA-WAA-, epaLLS Michael D. Pipa, Esquire Attorney I.D. No. 53624 Colleen A. Baird, Esquire Attorney I.D. No. 311219 17 North Second Street, 16th Floor Harrisburg, PA 17101 (717) 255-7376 (610) 371-7343 (facsimile) mdp@stevenslee.com Counsel for Defendants CERTIFICATE OF SERVICE I, Erika L. Montgomery, an employee of Stevens & Lee, P.C., certify that on this date, I served a certified true and correct copy of the foregoing Entry of Appearance upon the following counsel of record, by depositing the same in the United States mail, postage prepaid, addressed as follows: Date: I aMiLi SL1 1341842v1 041199.00830 Daryl Christopher, Esquire Schmidt Kramer, P.C. 209 State Street Harrisburg, PA 17101