HomeMy WebLinkAbout14-7004 Supreme Co o �;P-ennsylvania
For Prothonotary Use Only:
Cour Yof-Com 10 Pleas Y
C it Co erg h Docket No:
.
CUM RLAND� prr ✓ v1:t�13
w:�. �� County
The information collected on this form is used solely for court administration purposes. This forin does not
suppletnent or replace the filing and service ofpleadings or other papers as required by law or rules of court.
Commencement of Action:
S ix Complaint 0 Writ of Summons Petition
0 Transfer from Another Jurisdiction Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
Jeffrey Whitmire David Wagar, M.D.
T Dollar Amount Requested: Dwithin arbitration limits
I Are money damages requested? S Yes 0 No (check one) Doutside arbitration limits
O
N Is this a Class Action Suit? 0 Yes X' No Is this an MDJAppeal? 0 Yes [R No
A Name of Plaintiff/Appellant's Attorney: Daryl E. Christopher, Esquire
0 Check here if you have no attorney(are a Self-Represented jPro SeJ Litigant)
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 0 Buyer Plaintiff Administrative Agencies
Malicious Prosecution I_3 Debt Collection:Credit Card 0 Board of Assessment
Motor Vehicle i Debt Collection:Other 0 Board of Elections
0 Nuisance Dept.of Transportation
Premises Liability Statutory Appeal:Other
S Product Liability (does not include
,Hass tort) � Employment Dispute:
E � Slander/Libel/Defamation Discrimination
C Other: 0 Employment Dispute:Other Zoning Board
0 Other:
,I,
I 0 Other:
O MASS TORT
0 Asbestos
N 0 Tobacco
Toxic Tort-DES
Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
0 Toxic Waste 0 Ejectment 0 Common Law/Statutory Arbitration
B 0 Other: 0 0 Declaratory Judgment Eminent Domain/Condemnation
0 Ground Rent 0 Mandamus
0 Landlord/Tenant Dispute 0 Non-Domestic Relations
0 Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto
0 Dental 0 Partition 0 Replevin
0 Legal 0 Quiet Title 0 Other:
®x Medical D Other:
0 Other Professional:
Updated 1/1/2011
j`, `_!,,_r' •.`.'�.; ^lam f_i,_. F Mkt
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
JEFFREY WHITMIRE, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
Plaintiff, PENNSYLVANIA
V.
CIVIL ACTION— MEDICAL
DAVID WAGAR, M.D., TRISTAN PROFESSIONAL LIABILITY CTION
RADIOLOGY SPECIALISTS, P.C. and
PINNACLE HEALTH IMAGING, INC. NO.
Defendants
JURY TRIAL DEMANDED
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.
oa't LCI
CIL
2/SOB
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 despues 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
JEFFREY WHITMIRE, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
Plaintiff, PENNSYLVANIA
V.
CIVIL ACTION— MEDICAL
DAVID WAGAR, M.D., TRISTAN PROFESSIONAL LIABILITY ACTION
RADIOLOGY SPECIALISTS, P.C. and
PINNACLE HEALTH IMAGING, INC. NO.
Defendants
JURY TRIAL DEMANDED
COMPLAINT
Parties
1. Plaintiff Jeffrey Whitmire is an adult individual and a citizen of the
Commonwealth of Pennsylvania, who resides in Carlisle, Cumberland County Pennsylvania.
2. Defendant David Wagar, M.D., is a physician specializing in radiology who is
licensed to practice medicine in Pennsylvania. Defendant Wagar maintains offices in and
regularly conducts business in Cumberland County, Pennsylvania. Plaintiff is asserting a
professional liability claim against Defendant Wagar. A Certificate of Merit is filed herewith as
Exhibit A.
3. Defendant Tristan Radiology Specialists, P.C., is a professional corporation
created under the laws of the Commonwealth of Pennsylvania which at all relevant times
employed Defendant Wagar, who was acting within the course and scope of his employment for
Defendant Tristan Radiology Specialists, P.C. Plaintiff is asserting a professional liability claim
against Defendant Tristan Radiology Specialists, P.C. A Certificate of Merit is filed herewith as
Exhibit B.
4. At all relevant times, Defendant Tristan Radiology Specialists, P.C., maintained
offices in and regularly conducted business in Cumberland County, Pennsylvania.
5. Defendant Pinnacle Health Imaging, Inc. is a corporation created under the laws
of the Commonwealth of Pennsylvania. This Defendant was formerly known as Tristan
Radiology Associates.
6. At all relevant times, Defendant Pinnacle Health Imaging, Inc. or Tristan
Radiology Associates employed Defendant Wagar, who was acting within the course and scope
of his employment for Defendant Pinnacle Health Imaging, Inc. Plaintiff is asserting a
professional liability claim against Defendant Pinnacle Health Imaging, Inc. A Certificate of
Merit is filed herewith as Exhibit C.
7. At all relevant times, Defendant Pinnacle Health Imaging, Inc. maintained offices
in and regularly conducted business in Cumberland County, Pennsylvania.
Facts
8. According to the American Board of Radiology, "The mission of The American
Board of Radiology is to serve patients, the public, and the medical profession by certifying that
its diplomats have acquired, demonstrated, and maintained a requisite standard of knowledge,
skill, and understanding essential to the practice of diagnostic radiology, radiation oncology, and
radiologic physics."
9. The issues in the present case involve diagnostic radiology.
10. Diagnostic radiology is the branch of radiology concerned with the use of various
imaging technologies to aid in the diagnosis of injuries and diseases.
11. Any abnormality that poses a risk to health must be noted in the radiology report.
12. When reading a scan, a radiologist must take sufficient time to ensure that he has
looked at every part of the scan.
13. To increase the likelihood of finding a significant abnormality, a radiologist
should compare a scan to prior scans of the same patient, if available.
14. On May 6, 2011, Mr. Whitmire was treated at the West Shore office of Tristan
Associates.
15. Mr. Whitmire underwent a brain MRI with and without Gadolinium based
contrast.
16. Mr. Whitmire's brain MRI was interpreted by Defendant Wagar. A copy of the
MRI report is attached at Exhibit D.
17. Dr. Wagar was provided with a clinical history of right sided numbness and
headaches.
18. Dr. Wagar's Impression was: "Nonspecific single focus of T2 prolongation in the
right deep white matter. This most probably represents gliosis from remote ischemia or trauma.
A sequelae of migraine headaches could also cause this appearance. A single focus of
demyelinating disease or vasculitis is felt less likely.
Otherwise negative study."
19. Dr. Wagar did not report comparing Mr. Whitmire's study to any prior study.
20. it is believed and therefore averred that Dr. Wagar did not compare Mr.
Whitmire's MRI to prior studies even though they were available for comparison.
21. Mr. Whitmire had previously undergone a brain MRI at Tristan Associates on
March 8, 2007, for left-sided numbness and headaches. At that time, Tristan Associates also had
in its possession for comparison the films of an even earlier MRI dated October 24, 2005.
22. Although it was read as an "otherwise negative study," Mr. Whitmire's May 6,
2011, brain MRI actually showed a large mass in his pharynx.
23. The mass was confined to Mr. Whitmire's the right nasopharynx.
24. The mass measured 12mm in anterior-posterior dimension, 12mm in the
transverse direction, and 28mm in length.
25. The mass appeared to extend to the Fossa of Rosenmuller on the right but not
beyond that.
26. The mass did not appear to extend beyond the mucosa at that time.
27. Mr. Whitmire continued to experience headaches and congestion.
28. He continued to treat with his primary care physician and an ENT for his ongoing
problems.
29. On September 13, 2013, Mr. Whitmire suddenly began to experience double
vision.
30. He was found to have a large, inoperable nasopharyngeal carcinoma.
31. An MRI on September 18, 2013, showed
Impression: urge tumor at the skull base and Petrus portion of
the temporal banes anterior to the clivus and inferior to the
sphenoid sinus. This surrounds the internal carotid arteries.
Prime considerations include nasopharyngeal carcinoma. metastatic
disease, plasmacytoma, multiple myeloma or chandrosarcome. This
is unlikely to represent a chordoma.
32. By this time, the tumor had grown to 4.7 cm by 3.4 cm by 5 cm.
33. This mass was affecting his right fifth, sixth, and twelfth cranial nerves.
34. He had double vision, right facial droop, right facial numbness, and tongue
deviation secondary to the effects of the tumor on his cranial nerves.
35. Mr. Whitmire was diagnosed with at least T4 NO MX (stage 4a) moderately
differentiated squamous cell carcinoma of the nasopharynx.
36. Mr. Whitmire underwent chemotherapy and radiation.
37. He developed bilateral deep vein thromboses and bilateral pulmonary emboli
which caused him shortness of breath.
38. Mr. Whitmire developed chemotherapy-induced anemia.
39. He began to suffer from peripheral neuropathy secondary to his treatment with
chemotherapy. This significantly affected his ability to perform his duties as a motorcycle
mechanic.
40. He also developed hearing loss and ringing in his ears from his chemotherapy.
41. He developed dry mouth and difficulty swallowing and required placement of a
PEG tube for nourishment.
42. He lost his beard and some of his hair due to radiation and chemotherapy.
43. He developed a rash with severe itching and burning from chemotherapy.
44. He developed cracked and sensitive fingertips.
45. He suffered from nausea, vomiting, and headaches.
46. Mr. Whitmire initially appeared to have a good response to treatment; however, in
August 2014, he was found to have metastatic nasopharyngeal carcinoma in his lungs.
47. Mr. Whitmire now has numbness and pain in his hands. He frequently drops
things. He also has numbness in his feet.
48. Mr. Whitmire was again treated with chemotherapy.
49. Mr. Whitmire now frequently gets cramps in his calves, feet, and ankles,
especially at night.
50. Mr. Whitmire also now experiences cramps in the back of his neck into his head.
51. Mr. Whitmire now breaks out into sweats so bad that he sometimes has to change
his clothes.
52. Mr. Whitmire cannot tolerate the cold like he used to.
53. Mr. Whitmire has very little energy making it hard for him to work like he used
to.
54. The initial round of chemotherapy for metastatic disease did not shrink any of his
tumors, and at least one tumor appeared to grow while he was taking his first-round
chemotherapy.
55. Mr. Whitmire has a significantly worse prognosis than he would have had if his
cancer had been diagnosed and treated in May of 2011.
56. In May of 2011, it is believed and therefore averred that Mr. Whitmire's cancer
was only Stage 1.
57. Stage I and 11 nasopharyngeal carcinoma have a much better prognosis and a far
higher cure rate than does Stage IV nasopharyngeal carcinoma.
58. In May of 2011, it is believed and therefore averred that Mr. Whitmire's
nasopharyngeal carcinoma could have been effectively treated with radiation alone without the
need for chemotherapy.
59. Because his cancer was not diagnosed and treated in 2011, Mr. Whitmire now has
poor prognosis, a greater need for toxic chemotherapy, a greater exposure to the side effects of
chemotherapy, a much greater risk of future recurrence, and a much greater risk of dying from
nasopharyngeal carcinoma.
COUNT
Jeffrey Whitmire v. David Wagar, M.D.
60. All of the allegations made in the preceding paragraphs of this Complaint are
incorporated herein by reference.
61. All of Mr. Whitmire's damages were the result of the negligent, careless, and
substandard care provided to him by Defendant David Wagar, M.D., which caused or increased
the risk that Mr. Whitmire would suffer from Stage IV nasopharyngeal carcinoma, metastatic
nasopharyngeal carcinoma, and from complications related to cancer and cancer treatment, in
that he:
a. Failed to properly review Jeffrey Whitmire's May 6, 2011, brain MRI;
b. Failed to properly compare Mr. Whitmire's May 6, 2011, brain MRI to
prior scans;
c. Failed to develop a high index of suspicion for nasophyngeal carcinoma in
a 54-year-old man with right-sided facial numbness and headaches;
d. Failed to thoroughly and properly review all portions of Mr. Whitmire's
May 6, 2011, MRI;
e. Failed to detect the mass in Mr. Whitmire's right nasopharynx;
f. Failed to detect that mass had formed in Mr. Whitmire's right
nasopharynx since his last brain MRI;
g. Failed to report to Mr. Whitmire or his ordering physician that Mr.
Whitmire had a mass in his right nasopharynx; and
h. Failed to advise Mr. Whtimire or his ordering physician that Mr. Whitmire
needed further testing of the mass in his right nasopharynx;
62. As a result of the injuries suffered by Mr Whitmire, he has incurred and in the
future will incur expenses for medical and surgical treatment, medications, therapy, and
assistance with his activities of daily living, in an attempt to restore himself to health and
independence, and claims are made therefor.
63. As a result of the injuries suffered by Mr. Whitmire, 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.
64. As a result of the injuries suffered by Mr. Whitmire, he has suffered from
disfigurement, and a claim is made therefor.
65. As a result of the injuries suffered by Mr. Whitmrie, he has suffered from a loss
of earnings and a permanent diminution of his future earning capacity and claims are made
therefor.
WHEREFORE, Plaintiff, Jeffrey Whitmire, demands judgment against Defendant Wagar
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
Jeffrey Whitmire v. Tristan Radiology Specialists,P.C.
66. All of the allegations made in the preceding paragraphs of this Complaint are
incorporated herein by reference.
67. All of Mr. Whitmire's damages were the result of the negligent, careless, and
substandard care provided to him by Defendant Wagar, as stated above, which caused or
increased the risk that Mr. Whitmire would suffer from Stage IV nasopharyngeal carcinoma,
metastatic nasopharyngeal carcinoma, and from complications related to cancer and cancer
treatment.
68. At the time that he treated Mr. Whitmire, Dr. Wagar was acting as the agent,
servant, ostensible agent, apparent agent, or inherent agent of Defendant Tristan Radiology
Specialists, P.C. and was acting within the scope of his agency and employment.
69. Defendant Tristan Radiology Specialists, P.C. is vicariously liable and
responsible for the negligence of Dr. Wagar as stated above.
70. As a result of the injuries suffered by Mr Whitmire, he has incurred and in the
future will incur expenses for medical and surgical treatment, medications, therapy, and
assistance with his activities of daily living, inan attempt to restore himself to. health and
independence, and claims are made therefor.
71. As a result of the injuries suffered by Mr. Whitmire, 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.
72. As a result of the injuries suffered by Mr. Whitmire, he has suffered from
disfigurement, and a claim is made therefor.
73. As a result of the injuries suffered by Mr. Whitmrie, he has suffered from a loss
of earnings and a permanent diminution of his future earning capacity and claims are made
therefor.
WHEREFORE, Plaintiff, Jeffrey Whitmire, demands judgment against Defendant Tristan
Radiology Specialists, 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
Jeffrey Whitmire v. Pinnacle Health Imaging, Inc.
74. All of the allegations made in the preceding paragraphs of this Complaint are
incorporated herein by reference.
75. All of Mr. Whitmire's damages were the result of the negligent, careless, and
substandard care provided to him by Defendant Wagar, as stated above, which caused or
increased the risk that Mr. Whitmire would suffer from Stage IV nasopharyngeal carcinoma,
metastatic nasopharyngeal carcinoma, and from complications related to cancer and cancer
treatment.
76. At the time that he treated Mr. Whitmire, Dr. Wagar was acting as the agent,
servant, ostensible agent, apparent agent, or inherent agent of Defendant Pinnacle Health
Imaging, Inc., or Tristan Radiology Associates and was acting within the scope of his agency and
employment.
77. Tristan Radiology Associates became Pinnacle Health Imaging, Inc.
78. Pinnacle Health Imaging, Inc. is a corporate successor to and is responsible for
any vicarious liability claims made as a result of the negligence of the employees or agents of
Tristan Radiology Associates.
79. Defendant Pinnacle Health Imaging, Inc. is vicariously liable and responsible for
the negligence of Dr. Wagar as stated above.
80. As a result of the injuries suffered by Mr Whitmire, he has incurred and in the
future will incur expenses for medical and surgical treatment, medications, therapy, and
assistance with his activities of daily living, in an attempt to restore himself to health and
independence, and claims are made therefor.
81. As a result of the injuries suffered by Mr. Whitmire, 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.
82. As a result of the injuries suffered by Mr. Whitmire, he has suffered from
disfigurement, and a claim is made therefor.
83. As a result of the injuries suffered by Mr. Whitmrie, he has suffered from a loss
of earnings and a permanent diminution of his future earning capacity and claims are made
therefor.
WHEREFORE, Plaintiff, Jeffrey Whitmire, demands judgment against Defendant
Pinnacle Health Imaging, Inc., 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 1.7101
P. (717) 232-6300
F. (717) 232-6467
Attorneys for Plaintiff
dchristopher@schmidtkramer.com
Date:
VERIFICATION
I Jeffrey Whitmire, Plaintiff, 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:
i re
Date: j� f
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
JEFFREY WHITMIRE, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
Plaintiff, PENNSYLVANIA
V.
CIVIL ACTION— MEDICAL
DAVID WAGAR, M.D., TRISTAN PROFESSIONAL LIABILITY ACTION
RADIOLOGY SPECIALISTS, P.C. and
PINNACLE HEALTH IMAGING, INC. NO.
Defendants
JURY TRIAL DEMANDED
CERTIFICATE OF MERIT AS TO DAVID WAGAR, M.D.
I, 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: %-)-/- 1M
Daryl L 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
dchristophera schmidtkramer.com
JEFFREY WHITMIRE, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
Plaintiff, PENNSYLVANIA
V.
CIVIL ACTION— MEDICAL
DAVID WAGAR, M.D., TRISTAN PROFESSIONAL LIABILITY ACTION
RADIOLOGY SPECIALISTS, P.C. and
PINNACLE HEALTH IMAGING, INC. NO.
Defendants
JURY TRIAL DEMANDED
CERTIFICATE OF MERIT AS TRISTAN RADIOLOGY SPECIALISTS,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: _---_-----
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{cschmidtkramer.com
JEFFREY WHITMIRE, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
Plaintiff, PENNSYLVANIA
V.
CIVIL ACTION— MEDICAL
DAVID WAGAR, M.D., TRISTAN PROFESSIONAL LIABILITY ACTION
RADIOLOGY SPECIALISTS, P.C. and
PINNACLE HEALTH IMAGING, INC. NO.
Defendants
JURY TRIAL DEMANDED
CERTIFICATE OF MERIT AS TO PINNACLE HEALTH IMAGING, INC.
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.
L
Date:
Dary`E. Christopher, Esquire
EXHIBIT C
Assod���� High Field MRI Bone Densitometry
Open MRI Digital Mammography X Ray/Fluoroscopy
Com uteri Tomography R2 Imaging Checker
DIAGNOSTIC IMAGING p �p y(� Ultrasound Minimally Invasive Biopsy
PET Imaging Nuclear Medicine
PATIENT NAME
AGFJSEX
PERFORMED AT OUR:
WHITMIRE, JEFFREY(DOB 02/17/1957) 54/Male west shore Office
DATE OF SERVICE Patient ID r Accession a 240 Grandview Avenue
05/06/2011Camp Hili,PA 17011
00128778/01149517,01155708 Fax(717)214-3330
214-3350
Dictated by: DBW Date of Service: 05/06/2011
70553,A9579 MRI BRAIN WO W CON,GADOLINIUM BASED CON
Clinical data: Right-sided numbness and headaches.
FINDINGS:
There are no extraaxial fluid collections,masses or mass effect seen. There is a single punctate focus of T2
prolongation in the right centrum semiovale deep white matter on FLAIR axial images 17 and 18. Otherwise no
abnormal intra-axial signal is seen. No restricted diffusion is seen. The visualized orbits,paranasal sinuses,
mastoid regions and posterior fossa are unremarkable. No restricted diffusion or abnormal enhancement is
seen.
IMPRESSION:
Nonspecific single focus of T2 prolongation in the right deep white matter. This most probably represents
gliosis from remote ischemia or trauma. A sequelae of migraine headaches could also cause this appearance. A
single focus of demyelinating disease or vasculitis is felt less likely.
Otherwise negative study.
I
I
ELECTRONICALLY SIGNED
DAVID B. WAGAR MD/DBW
I
AT THE REQUEST OF
LIANA I LAZA, MD Our other offices: Union Deposit Road
Hershey
110 LOWTHER ST Linglestown Road
LEMOYNE PA 17043 www.tristans.com
Tristbn Associates is proud to be accredited by the American College of Radiology in CT,MR, US,Mammography,Stereotactic and Ultrasound-
Guided Breast Biopsy,and by The Intersocietal Commission for Accreditation in NM,PET and Echocardiography.
EXHIBIT D
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
oFFIC VtERIFF
r
1 "I E PROTHONL
2014 DEC 12 PM 3:21
CUMBERLAND COUNTY
PENNSYLVANIA.
Jeffrey Whitmire
vs.
David Wagar, M.D. (et al.)
Case Number
2014-7004
SHERIFF'S RETURN OF SERVICE
12/09/2014 02:32 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 Amy Benner, Medical
Receptionist, who accepted as "Adult Person in Charge" for David Wagar, M.D. at 240 Gragdview
Avenue, East Pennsboro, Camp Hill, PA 17011.
BRIAN BARRICK, DEPUTY
12/09/2014 02:32 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 Amy Benner, Medical
Receptionist, who accepted as "Adult Person in Charge" for Tristan Radiology Specialists, P.C. at 240
Grandview Avenue, East Pennsboro, Camp Hill, PA 17011.
B IAN BAR ICK, DEPUTY
12/09/2014 02:32 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 Amy Benner, Medical
Receptionist, who accepted as "Adult Person in Charge" for Pinnacle Health Imaging, Inc. at 240
Grandview Avenue, East Pennsboro, Camp Hill, PA 17011.
BRIAN BARRICK, DEPUTY
SHERIFF COST: $77.44 SO ANSWERS,
-'
December 10, 2014 RONNS' R ANDERSON, SHERIFF
(c) CountySuite Shorif(, Teieoscft
1
THOMAS, THOMAS & HAFER, LLP
By: Daniel L. Grill, Esquire
Attorney LD. 65339
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108
(717) 237-7115
JEFFREY WHITMIRE,
Plaintiff
v.
DAVID WAGAR, M.D., TRISTAN
RADIOLOGY SPECIALISTS, P.C. and
PINNACLE HEALTH IMAGING, INC.,
Defendants
`! DEC
EN
J_e
C OUP,
V,A.I ;'t
Attorneys for Defendants
David Wagar, M.D. and
Radiology Specialists, P.C.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION — MEDICAL
PROFESSIONAL LIABILITY ACTION
NO. 14-7004 CIVIL
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of the
Wagar, M.D. and Tristan Radiology Specialists
Date:
17/7-11)
igned as attorneys for Defendavid
in the above matter.
R. spect lly submitted,
T O • '. , THOMAS I- H�AFER,
By:
Daniel L. Grill, Esquire
Attorney I.D. 65339
305 North Front Street, P.O. Box 999
Harrisburg, PA 17108
(717) 237-7115
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this 1i day of. December,. 2014, a copy of
this document was served upon the parties listed below, via First Class Mail:
Daryl E. Christopher, Esquire
Schmidt Kramer PC
209 State Street
Harrisburg, PA 17101
THOMAS, THOMAS & HAFER, LLP
1630737.1