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Home My WebLink About05-2412 OR\G\NAL ANGINO & ROVNER, P.C. Neil 1. Rovner, Esquire Attorney 10#: 22108 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: nrovner{@anllino-rovner.com KIMBERLY DUNHAM and TIMOTHY DUNHAM, her husband Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW MEDICAL MALPRACTICE ACTIO~ NO. ()~ -';24/:J. Cw; L lEfl-vr JURY TRIAL DEMANDED SAMBHU N. KUNDU, M.D. and CENTRAL PENNSYLVANIA OBSTETRICS - GYNECOLOGY, INe. 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 taIce 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 LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 32 South Bedford Street Carlisle, P A Telephone number-717- 249-3166 NOTICE Le Hanna demanded a ousted en la corti, Si ousled quire defenders de estas demandas expuestas en Ias paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de ia fecha de Ia demanda y la notificacion, Usted debe presentar tllla apariencia escrita 0 en persona 0 par abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si listed no se defiende, la corte tomara medidas y puede entrar una orden contra listed sin previa aviso 0 notificacion y por cualquier queja 0 alivio que es pediclo en la peticion de demanda, U sted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted, LLEVE ESTA DEMANDA A UN ABOGADO IMMEDlATEMENTE, SI NO TlENE ABOGADO 0 SI NO TlENE EL DINERO SUFIClENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEPFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRlTA ABAJO PARA AVERlGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A Telephone number- 717- 249-3166 296963 ANGINa & ROVNER, P.C, Neil J. Rovner, Esquire Attorney ID#: 22108 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: nrovner(cijanl!ino~rovner.com KIMBERLY DUNHAM DUNHAM, her husband Plainti ffs and TIMOTHY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW MEDICAL MALPRACTICE ACTION SAMBHU N. KUNDU, M.D" and CENTRAL f~ PENNSYLVANIA OBSTETRICS - NO. OS - d.l[I~ CLU~ L !~ GYNECOLOGY, INC. Defendants JURY TRIAL DEMANDED v. COMPLAINT 1. Plaintiffs Kimberly Dunham and Timothy Dunham, are husband and wife and adult residents ofY ork Springs, York County, Commonwealth of Pennsylvania. 2. Defendant Sambhu N. Kundu, M,D., is a medical doctor holding himself out as a medical specialist in the field of obstetrics and gynecology. Plaintiffs are asserting a professional liability claim against the Defendant. A Certificate of Merit is filed herewith. 3. Defendant Central Pennsylvania Obstetrics-Gynecology, Inc., at all relevant times provided obstetrical and gynecological care to patients in Camp Hill, Cumberland County, Pennsylvania, Plaintiffs are asserting a professional liability claim against the Defendant. A Certificate of Merit is filed herewith, 4, At all relevant times, Defendant Dr. Kundu was an employee, agent and servant or apparent employee, agent and servant of Central Pennsylvania Obstetrics-Gynecology, mc, 5. The facts and occurrence hereinafter related began on or about November 12,2001. 2%963 6. On or about that date, Plaintiff Kimberly Dunham underwent a Pap Smear and gynecological examination by Defendant Dr, Kundu, which was her regularly scheduled yearly gynecological exam. 7, The Pap Smear slides read as abnormal by Quest Diagnostics. 8. The pathological diagnosis was atypical endocervical cells of undetermined significance (AGUS), 9. Plaintiff Kimberly Dunham was informed that this Pap Smear was abnormal and Defendant Kundu performed a procedure known as ECC or endocervical curretage on or about December 28,2001, 10. Defendant Kundu did not perform a colposcopic examination, directed biopsies or human papilloma virus testing, nor did he perform any other follow-up diagnostic tests. 11. Defendant Kundu reported the results of the ECC as normal and cauterized Mrs, Dunham's endocervical canal with low voltage current on January 14,2002, 12. On or about November 13, 2002, Kimberly Dunham saw Dr. Kundu for her yearly follow-up examination where she received another Pap Smear. 13, This Pap Smear was reported as again showing AGUS on or about November 25,2002. 14. At that time, Defendant Dr. Kundu told Mrs, Dunham that she should not worry because she was too young to have cancer and that he had taken care of it. 15. On or about November 17, 2003, Mrs. Dunham again saw Defendant Dr. Kundu for her yearly gynecological examination, 16. At that time, Defendant Dr. Kundu's office notes indicate that Mrs. Dunham's Pap Smear done the previous year in November of 2002, was within normal limits (WNL), In fact, that Pap Smear had shown AGUS. 296963 I' Ii 17, Between November of 2002 and November of 2003, despite two abnormal Pap Smears, Dr. Kundu did not perform any appropriate follow-up procedures or examinations, 18. A Pap Smear performed on November 17, 2003, disclosed hi-grade squamous intraepitheliallesion (HGSIL). 19, On December 1, 2003, Defendant Dr. Kundu for the first time suggested a colposcopic examination, cone biopsy and loop electrode excision procedure (LEEP), 20, After the visit of December 1, 2003, Defendant Dr. Kundu wrote in his records "At one time we confronted the patient with the problem of AGUS, but that was sorted out." 21. Plaintiff Kimberly Dunham decided to get a second opinion and went to see Dr. Patricia Reddy on or about January 21,2004, 22, On or about January 21, 2004, Plaintiff Kimberly Dunham underwent a colposcopic examination by Dr. Reddy which confirmed HGSIL. 23, Dr. Reddy suggested a LEEP procedure be performed. 24. The ECC and cervical biopsies performed by Dr. Reddy were found to be positive for adenocarcinoma. 25, As a result, Mrs. Dunham was referred to a surgeon, Dr. Jose Misas, who had no choice but to perform a hysterectomy. 26, As a result of the delay in diagnosis of Mrs. Dunham's cervical cancer, she will never be able to bear children. 27. The Plaintiffs were married on September 21,2001, and have no children, 28, As a result of the delay in diagnosis of Mrs. Dunham's cancer, she is at a great risk of recurrence or spread of cancer. 29. Kimberly Dunham is 26 years old. Her date of birth is September 20, 1978. 296963 COUNT I KIMBERLY DUNHAM V. SAMBHU KUNDU, M.D. 30. Paragraphs 1 through 29 are incorporated herein as if set forth at length. 31. Defendant Sambhu Kundu, M.D" who holds himself out to be a specialist in the field of obstetrics and gynecology, was negligent and careless in his substandard medical treatment of Kimberly Dunham as fo1lows: a, Failing to perform and suggest appropriate follow-up diagnostic testing following the abnormal Pap Smear of November of2001; b, Failing to perform appropriate procedures to remove the abnormal cells and possible cancer in November of2001; c, Failure to recognize the significance ofthe abnormal Pap Smear of November of 2002; d. Improperly cauterizing the endocervical area. e, Failing to perform appropriate diagnostic testing of Mrs. Dunham following the abnormal Pap Smear of November of2002; f. Failing to perform appropriate procedures in an about an effort to treat Mrs. Dunham's abnormal cells and potential cancer following her Pap Smear of November of 2002; g, Reporting to Mrs. Dunham that her Pap Smear of November of2002 was nothing to worry about and that she would not have to worry about cancer because she was too young; h, Failure to perform appropriate testing to determine the nature and extent of the abnormal cells and potential cancer that existed prior to November of2003; and 1. Failing to appropriately counsel and treat Mrs, Dunham with regard to her gynecological care in view of her abnormal Pap Smears, WHEREFORE, Plaintiff Kimberly Dunham demands judgment against Defendant Sambhu Kundu, M,D" in an amount in excess of Thirty-Five Thousand ($35,000) Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. 296963 COUNT II KIMBERLY DUNHAM V. CENTRAL PENNSYLVANIA OBSTETRlCS- GYNECOLOGY, INC. 32, Paragraphs I through 31 are incorporated herein as if set forth at length. 33. At all relevant times Defendant Dr. Kundu was an employee, agent and servant or apparent employee, agent and servant of Defendant Central Pennsylvania Obstetrics- Gynecology, Inc., acting within the course and scope and course his employment. 34. The office nursing staff and physicians' assistants attending to Mrs. Dunham were, at all relevant times, employees, agents and servants or Defendant Central Pennsylvania Obstetrics- Gynecology, Inc., acting within the course and scope of their employment. 35, Defendant Central Pennsylvania Obstetrics-Gynecology, lnc, is liable for negligence of Defendant Dr. Kundu as set forth in Plaintiffs' Complaint. 36, Defendant Central Pennsylvania Obstetrics-Gynecology, lnc, is liable for any failure of its nurses or physicians' assistants in appropriate counseling and reporting to Mrs. Duttham the true nature of her Pap Smears, WHEREFORE, Plaintiff Kimberly Dunham demands judgment against Defendant Central Pennsylvania Obstetrics-Gynecology, lnc" in an amount in excess of Thirty-Five Thousand ($35,000) Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. 2%%3 CLAIM I - DAMAGES KIMBERLY DUNHAM V. CENTRAL PENNSYL VANIA OBSTETRlCS- GYNECOLOGY, INC., and SAMBHU KUNDU, M.D. 37. Paragraphs 1 through 36 are incorporated herein as ifset forth at length. 38. As a result of the delay in diagnosis Kimberly Dunham has had to undergo a radical hysterectomy in and about an effort to prevent further spread of cancer, 39. As a further result of the delay in diagnosis Kimberly Dunham has lost income in the past and will in the future suffer a loss of earning potential. 40, As a result of the injuries suffered by Kimberly Dunham, Plaintiff Kimberly Dunham has sustained permanent and severe disabilities and an inability to go about her daily activities and claim is made therefor. 41. As a result of the injuries suffered by Kimberly Dunham, Plaintiff Kimberly Dunham has sustained loss oflife's pleasures, and claim is made therefor. 42. As a result of the injuries suffered by Kimberly Dunham, she has been forced to incur pain, suffering, humiliation, and claim is made therefor. 43. As a result of the injuries suffered by Kimberly Dunham, Plaintiff Kimberly Dunham has been subjected to the increased risk of the spread of cancer and premature death. 44, As a result of the injuries suffered by Kimberly Dunham, Plaintiff Kimberly Dunham must live with the fear of cancer spreading and its recurrence. 45, As a result of the injuries suffered by Kimberly Dunham, she will be unable to bear children of her own. 46, As a result of the injuries suffered by Kimberly Dunham, she has been forced to incur medical expenses, and will continue to incur medical expenses in an amount unknown at this time, in and about an attempt to improve her condition for which claim is made therefor. 296963 WHEREFORE, Plaintiff Kimberly Dunham demands judgment against Defendants, in an amount in excess of Thirty-Five Thousand ($35,000) Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. CLAIM -II TIMOTHY DUNHAM V. CENTRAL PENNSYL VANIA OBSTETRICS- GYNECOLOGY,INC., AND SAMBHU KUNDV, M.D. 47, Paragraphs 1 through 46 are incorporated herein as if set forth at length. 48, As a result of the injuries suffered by his wife, Plaintiff Kimberly Dunham, Plaintiff Timothy Dunham has lost the companionship, consortium and society of his wife, WHEREFORE, Plaintiff Timothy Dunham demands judgment against Defendants, in an amount in excess of Thirty-Five Thousand ($35,000) Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration, Respectfully submitted, ANGINO & ROVNER, P // /%<,{!/ ,t/<~(t~" Neil J, R-6yi;ir, E; uire I,D. N~.12I08 4503 N. Front Street Harrisburg, P A 17110 (717) 238-6791 Counsel for Plaintiff( s) Date: 5!q /OS 296963 ANGINO & ROVNER, p,c. Neil J. Rovner, Esquire Attorney ID#: 22108 4503 North Front Street Harrisburg,PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E~mail: nrovner(@an2:ino-rovner.com KIMBERLY DUNHAM and DtnNlIAJJ,herhusband Plaintiffs TIMOTHY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW MEDICAL MALPRACTICE ACTION SAJJBHU N, KUNDU, M.D. and NO. CENTRAL PENNSYLVANIA OBSTETRICS - GYNECOLOGY, INC. JURY TRIAL DEMANDED Defendants Certificate of Merit as to Sambhu Kundu, M.D. I, Neil J. Rovner, 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; OR ( _) the claim that this defendant deviated trom 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 hann; OR (_l expert testimony of an appropriate licensed professional IS unnecessary for prosecution of the claim against this defendant. Date: 5/q!D ~ 296963 ANG1NO & ROVNER, P.c. Neil 1. Rovner, Esquire Attorney ID#: 22108 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plainl1ff(s) E-mail: nrovner((I}an2ino~rovner.com KIMBERLY DUNHAM and DUNHAM, her husband Plaintiffs TIMOTHY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MEDICAL MALPRACTICE ACTION SAMBHU N. KUNDU, M,D, and NO. CENTRAL PENNSYLV ANIA OBSTETRICS - GYNECOLOGY, INC, JURY TRIAL DEMANDED Defendants Certificate of Merit as to Central Pennsylvania Obstetrics-Gynecology, Inc. I, Neil J, Rovner, 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; 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: 5/Q/O S- 296963 VERlFICA nON I, Timothy Dunham, Plaintiff, have read the foregoing Complaint and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Sec.tien 49..04, relating to unsworn falsification to authorities.> ..-? .:/--;/ ?/ ./ ./.,/ r/~. / ) /~/ / >r: . //':,:: ".' .~ U / / .. .. -p .....--<t-/ Y Witness ('. / , Timothy Ottnha~ " Dated: ;;.ij/;~,/ Date: 3'/':;/oS- . 296963 /.~;;c;~/:_:>? /;~~/(~ ~:d7 VERIFICA nON I, Kimberly Dunham, Plaintiff, have read the foregoing Complaint and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa,C.S.A. Section 4994, relating to unsworn falsification to authorities, ,'/?~:fV X --K~~L'-L~ ~tvhcc",- Witness ( /--1; / . . /' Kimberly Dunham .;,; /tf/;1-4/" Dated: '; '? ,,' Date: " lo OS 296963 .-J ~:~ 4,_-0 :c; '.'X~) -::,~~ ~ \.J U1 }.,J '\l U't t- V( -- ~ C> ~ , ~ ~ vJ - --.!::. ~ ..L....... ~ r;:,; ~ <;}\ 8 -":: :-) '-r" ',?I ':~ r:i' r- .;' SHERIFF'S RETURN - REGULAR , \ CASE NO: 2005-02412 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DUNHAM KIMBERLY ET AL VS KUNDU SAMBHU N MD ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KUNDU SAMBHU N MD the DEFENDANT , at 1558:00 HOURS, on the 11th day of May , 2005 at 890 POPLAR CHURCH ROAD SUITE 503 CAMP HILL, PA 17011 by handing to BONNIE KUNDU, PRACTICE ADMINISTRATOR, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 10,36 .37 10.00 .00 38.73 _~(7../.Y . .?/;{/:' i 7/?:-r#7~-/,~ R. Thomas Kline 05/12/2005 ANGINO & ROVNER Sworn and Subscribed to before BY:~.4 lA)nd' Deputy She~ ... me this /'3 - day of ~ dO-VCl'. A.D. '- ~pi~thg'ot>:::t"" ,# SHERIFF'S RETURN - REGULAR · CASE NO: 2005-02412 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DUNHAM KIMBERLY ET AL VS KUNDU SAMBHU N MD ET AL GERALD WORTHINGTON , 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 the DEFENDANT , at 1558:00 HOURS, on the 11th day of May , 2005 at 890 POPLAR CHURCH ROAD SUITE 503 CAMP HILL, PA 17011 by handing to BONNIE KUNDU, PRACTICE ADMINISTRATOR, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ,,~~' ,- R. Thomas -"j.-~...,' -. ,;>.t~_~' Kline 05/12/2005 ANGINa & ROVNER Sworn and Subscribed to before me this <F /3- day of BY:~~ I~~ Deputy She tJ."{._ :;,/)-0:: A . D . ~~~IL () In..dO,,, ~ Prothonotary i 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 Ph: (717) 651-3500 Fax: (717) 651-9630 KIMBERLY DUNHAM and TIMOTHY DUNHAM, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v, MEDICAL MALPRACTICE ACTION SAMBHU N, KUNDU, M.D" and CENTRAL PENNSYLVANIA OBSTETRICS -GYNECOLOGY, INC. Defendants NO: 05-2412 CIVIL TERM JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendants, by and through their counsel, and in response to Plaintiffs' complaint, file the following preliminary objection: 1. This is a professional liability action arising out ofa course of treatment and care provided to Plaintiff Kimberly Dunham by Dr, Sambhu N, Kundu, 2. Plaintiffs essentially allege that during a serious of visits over the course of several years, Dr. Kundu failed to recognize the significance of certain tests or findings and therefore failed to order further testing or make other referrals, which Plaintiff alleges resulted in a failure to timely diagnosis cancer, 3, In the background factual allegations of the complaint, Plaintiffs detail what they believe to have been the actions and conduct that constitute a failure to meet the applicable standards of care, See, Plaintiffs' Complaint, at ~ 5-20, 12, Similarly, Plaintiffs in their complaint have not referred even in general terms to any contact with a person other than Dr. Kundu or any actions taken by or conduct engage in by any person other than Dr. Kundu. 13, Without some specific reference either to the identity of the persons referred to in paragraphs 34 and 36 of Plaintiffs' complaint or some indication of the actions taken by or conduct engaged in by those persons, including allegations of time and place, Defendant Central Pa, Ob-Gyn is not able to properly prepare a defense, 14. Central Pa, Ob-Gyn, lnc, respectfully submits that the allegations of vicarious liability are insufficiently specific pursuant to Rule 1028(a)(3), WHEREFORE, Defendant Central Pennsylvania Obstetrics-Gynecology, lnc, respectfully requests that this Court grant its objection for insufficient specificity and order Plaintiffs to file an amended complaint either deleting paragraphs 34 and 36 setting forth in more specific detail facts relating to the identity of those unnamed nurses or physicians' assistants or the actions or conduct allegedly engaged in by those persons, 3 Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: MICHAEL D, P[P A, DIRE Attorney LD, No, 53624 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3515 Attorneys for Defendants, Sambhu N Kundu, MD" and Central Pennsylvania Obstetrics-Gynecology, lnc, 4 MARSHALL, DENNE HEY, WARNER, COLEMAN & GOGGIN BY: Michael D, Pipa, Esquire Identification No. 53624 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3500 CERTIFICATION OF SERVICE I hereby certify that I have served upon all parties listed below a true and correct copy of the foregoing document in the above-captioned matter this date by regular mail. Neil ], Rovner, Esquire Angino & Rovner, p,c. 4503 North Front Street Harrisburg, P A 1711 0-1708 DATE: ~(Jd~1 ~aS- MARSHALL, DENNEHEY, WARNER COLEMAN AND GOGGIN BY: MICHAEL D, PIP A, ES IRE Attorneys for Defendants, Sambhu N Kundu, MD, and Central Pennsylvania Obstetrics-Gynecology, fne. ----- ~ - MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Michael D, Pipa, Esquire Identification No, 53624 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 Email: mpipa@mdwcg.com (717) 651-3500 Attorneys for Defendants, Sambhu N Kundu, M.D" and Central Pennsylvania Obstetrics - Gynecology, lnc, KIMBERLY DUNHAM and TIMOTHY DUNHAM, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW y, MEDICAL MALPRACTICE ACTION SAMBHU N, KUNDU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS -GYNECOLOGY, INC. Defendants NO: 05-2412 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of Defendants, Sambhu N, Kundu, M.D, and Central Pennsylvania Obstetrics-Gynecology, Inc, in the aboye referenced matter. Respectfully Submitted, BY: MARSHALL, DENNE HEY, WARNER, 1t:ZQOG MICHAEL D. PIPA, UlRE PA I.D, NO,: 53624 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3515 Attorneys for Defendants, Sambhu N Kundu, M,D, and Central Pennsylvania Obstetrics-Gynecology, lnc, ,. 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 . CERTIFICATION OF SERVICE I hereby certify that I have served upon all parties listed below a true and correct copy of the foregoing document in the above-captioned matter this date by regular mail. Neil 1. Rovner, Esquire Angino & Rovner, p,c. 4503 North Front Street Harrisburg, P A 17110-1708 DATE:1Vo 7-~ t~r:;- MARSHALL, DENNEHEY, WARNER COLEMAN AND GOGGIN BY: (/{. MICHAEL D, PIP A, QUIRE Attorneys for Defendants, Sambhu N Kundu, MD, and Central Pennsylvania Obstetrics-Gynecology, Inc, "" " .:; ,', ~ , ~ '" ...' Sf 'j.; iA. ~ i l , c;: ANGINO & ROVNER, P.C. Neil J. Rovner, Esquire Attorney ID#: 22108 4503 North Front Street Harrisburg, P A 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff( s) E-mail: nrovner@angino-rovner.com KIMBERLY DUNHAM and TIMOTHY DUNHAM, her husband Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW MEDICAL MALPRACTICE ACTION SAMBHU N. KUNDU, M.D. and CENTRAL PENNSYLVANIA OBSTETRICS - GYNECOLOGY, INC, Defendants NO,05-2412 - Civil Term JURY TRIAL DEMANDED PLAINTIFFS' ANSWER TO PRELIMINARY OBJECTIONS OF DEFENDANTS L Admitted. 2. Denied, Plaintiffs' Complaint speaks for itself. 3, Denied, Plaintiffs' Complaint speaks for itself. 4. It is admitted that Dr. Kundu is the only employee/agent or employee of Defendant Central Pennsylvania Obstetrics-Gynecology, Inc., identified by name in Plaintiffs' Complaint. Other employees and agents are identified by function, 5, Denied, Plaintiffs' Complaint speaks for itself. 6. Denied, The medical records of a medical group such as Central Pennsylvania Obstetrics-Gynecology, Inc., employing para professional often do not denominate by name persons performing patient care. Additionally, the initials of such personnel may not be readily identifiable, 301628 7, Denied, Plaintiffs have identified by function the persons involved in the treatment of Plaintiff Kimberly Dunham, although she does not know the names nor do those names appear in the available medical records, 8. Denied, Plaintiffs' Complaint speaks for itself. 9. Admitted in part and denied in part. It is admitted that the Pa. R.C.P 1019(a) provides that facts and materials of the cause of action must be stated with specificity, It is denied that the Defendants are unable to determine the identities of those persons identified by function in Plaintiffs' Complaint. Defendants are uniquely in a position of knowing the names and functions of their own employees and agents, 10. Denied. See, answer to ~ 9 above. 11. Denied. Plaintiffs have identified by function those persons involved in Mrs. Dunham's treatment. Plaintiff is unable to identify those persons by name, either because the names do not appear on the record or they are not identifiable by signature or initial. Defendant is uniquely in the position of identifying those personnel involved in the treatment of Mrs. Dunham. 12. Denied. See, answer to ~ 11 above. 13. Denied, Defendant knows the names of persons in its employ who were involved in the treatment of Plaintiff Kimberly Dunham, whether those persons are identified in the medical records or not. In fact, Defendant is the only one at the present time who can identify the names of these individuals who are clearly identified by function in Plaintiffs' Complaint. 14, Denied for the reasons stated above. 301628 WHEREFORE, Plaintiffs pray Your Honorable Court to dismiss the Preliminary Objections to this Complaint until Plaintiff has had the opportunity to serve Interrogatories on the Defendant and or take discovery depositions allowing us to identify by name the persons who are already known and only known to the Defendants. Respectfully submitted, ANGINO & ROVNER, P,C, Ne' ,Ro e, I.D,No, 1 4503 N, ront Street Harrisburg, P A 17110 (717) 238-6791 Counsel for Plaintiff( s) Date: 5(2,110') 301628 ,. ATTORNEY AFFIDAVIT I, Neil J. Rovner, Esquire, state that I am counsel for Plaintiffs, that I am authorized to make this Verification on behalf of said Plaintiff, and have read the foregoing and do hereby declare and affirm that the facts set forth in the foregoing are correctly derived from the discovery record. I understand that this Verification is made subject to the penalties of 28 U.S.c. S 1746, relating to unsworn falsification to authorities. , / <,~/./::.' A..' /...'..."" ,.' 1'.,/ j.' i / /'," -~:/' />< Sworn to and subscribed to before me on this 27th day of May, 2005, Neil J. Rovner; / Qb~~ fL- otary Public :J I :_~ I 297244 ,- CERTIFICATE OF SERVICE I, Megan Moll, an employee of the law firm of Angino & Rovner, p.e., do hereby certify that I arn this day serving a true and correct copy of the foregoing upon all counsel of record via postage prepaid first class United States mail addressed as follows: Michael D. Pipa, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Counsel for Defendants, Sambhu N Kundu, MD., and Central Pennsylvania Obstetrics- Gynecology, Inc. 'tT\t~O- n Fn o-dl Megan Moll Dated: 5/7.7/05 301628 -'.'.", (~) -" .~~ \(~ ,..~, .-") en '-^' PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the within matter for the next Argument Court, CAPTION OF CASE (entire caption must be stated in full) Kimberly Dunham and Timothy Dunham, her hushand Plaintiff s v, Sambhu N, Kundu, MD" and Central Pennsylvania Obstetrics - Gynecology, Inc, Defendants No, 05-2412 Civil Tern i. State matter to be argued (i,e., piaintiff's motion for new trial, defendant's demurrer to complaint, etc,): Preliminary Objections of Defendants 2, Identify counsel who will argue case: a. for plaintiff: b, for defendant: Michael D, Pipa. Esquire Neil 1. Rovner, Esquire 3, I will notify all parties in writing within two days that this case has been listed for argument. 4, Argument Court Date: August 24, 2005 / Att0h1 Date: June 23, 2005 CERTIFICATE OF SERVICI; I, Megan Moll, an employee of the law firm of Angino & Rovner, P,C" do hereby certifY that I am this day serving a true and correct copy of the foregoing upon all counsel of record via postage prepaid first class United States mail addressed as follows: Michael D, Pipa, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Counsel for Defendants, Sambhu N Nukdu, MD., and Central Pennsylvania Obstetrics- Gynecology, Inc ~frl&JCtn mu-fJ ~ Dated: W /2- 3/0:; ~-, ~:,.. _7 ~C::"' '";--: <;;;1, 9--"", (f'\'f:: 'd~ :;.:;~)1-) J-'(\ -,c~:'~~ "9. '-" -' ~;; ~:i, l~. ~.;;. .,.",^~ ,,' -' #4 KIMBERLY DUNHAM AND TIMOTHY DUNHAM : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. SAMBHU N, KUNDU, M.D., : NO. 2005 - 2412 CIVIL TERM AND CENTRAL PENNSYLVANIA: OBSTETRICS - GYNECOLOGY, INC. : CIVIL ACTION - LAW IN RE: DEFENDANTS' PRELIMINARY OBJECTIONS BEFORE BAYLEY, GUIDO, JJ. ORDER OF COURT AND NOW, this 7TH day of SEPTEMBER, 2005, after review of the briefs and having heard argument thereon, Defendants' Preliminary Objection is DISMISSED. ~~?,)he-C6uit0 ,,/ ~~::'::;;/'\ L-~~ Edward E, Guido, J. ~ J, Rovner, Esquire 4503 North Front Street Harrisburg, Pat 17110-1708 '-1 ~hael D. Pipa, Esquire 4200 Crums Mill Road, Suite B Harrisburg, Pat 17112 :sld ".;.,1, "~in ce :[; p..J g- :IT) ~':JJZ :{O KIMBERLY DUNHAM and TIMOTHY DUNHAM, her husband, Plaintiffs v. SAMBHU N. KUNDU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS & GYNECOLOGY, INC, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MEDICAL MALPRACTICE ACTION NO: 05-2412 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoenas for documents and things pursuant to Rule 4009.22, Defendants certify that: (1) a notice of intent to serve the subpoenas with copies of the subpoenas attached thereto was mailed to each party providing notice that the records were going to be obtained; (2) a copy of the notice of intent, including the proposed subpoenas, is attached to this certificate, (3) no objection to the subpoena has been made or received and counsel for the plaintiff has agreed to waive the twenty day notice, and (4) the subpoenas which will be served are identical to the subpoenas which are attached to the notice of intent. By: DATED: q l?i?JloS MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN ~ Michael D. Pipa, Esquire Sup. Ct. 1.0. #53624 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants KIMBERLY DUNHAM and TIMOTHY DUNHAM, her husband, Plaintiffs v. SAMBHU N. KUNDU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS & GYNECOLOGY,INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MEDICAL MALPRACTICE ACTION NO: 05-2412 CIVIL TERM JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO PA RCP RULE 4009.21 AND 45 CFR 164 ET SEQ (HIPAA) Defendants, Sambhu N. Kundu, M.D. and Central Pennsylvania Obstetrics- Gynecology, Inc. intend to serve the subpoenas identical to the ones that are attached to this notice. For the purpose of obtaining medical records on the plaintiff. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. By: DATED: Gf )~2Io1S MARSHALL,DENNEHEY,WARNER COLEMAN & GOGGIN /lJ1ItMd IJ ~IC Michael D. Pipa, Esqui Sup. Ct. I.D. #53624 4200 Crums Mill Road, Suite 8 Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants KIMBERLY DUNHAM and TIMOTHY DUNHAM, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MEDICAL MALPRACTICE ACTION NO: 05-2412 CIVIL TERM SAMBHU N. KUNDU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS & GYNECOLOGY, INC. Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Vernne W. Greiner. D.O. 3 Flowers Drive. Mechanicsbura. PA 17050 Within twenty (20) days after servl~ of this subpoena, you are ordered by the court to produ~ the following documents or thing: All medical records, films. documents, corresoondence and any other information contained in the oatient chart for Kimberlv Zulli Dunham. DOB: 9/20/78 and Social Security No.: 185-66-4739 at: Marshall. Dennehev. Warner, Coleman & Goaaln. 4200 Crums Mill Road, Ste, B. Hanisburo. PA 17112 (Address) You may deliver or mall legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, In advance, the reasonable cost of preparing the copies or producing the things sought. If you fall to produce the documents or things required by this subpoena, within twenty (20) days after Its service, the party serving this subpoena may seek a court order compelling you to comply with It. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: Name: Michael D. Pioa, Esauire Address Marshall. Dennehev. Warner. Coleman & Goaain 4200 Crums Mill Road Harrisbura. PA 17112 Telephone: (717)231-3500 Supreme Court 10# 15907 ATTORNEY FOR: Defendants DATE: BY THE COURT: Seal of the Court ivision) KIMBERLY DUNHAM and TIMOTHY DUNHAM, her husband, Plaintiffs v. SAMBHU N. KUNDU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS & GYNECOLOGY, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MEDICAL MALPRACTICE ACTION NO: 05-2412 CIVIL TERM JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Patricia A. Reddv. M.D. 2025 Technoloav Parkway. Suite 212. Mechanicsbura. PA 17050 Within twenty (20) days after service of this subpoena. you are ordered by the court to produce the following documents or thing: All medical records. films, documents. corresoondence and anvother information contained in the oatient chart for Kimberlv Zulli Dunham. DOB: 9/20/78 and Social Security No.: 185-66-4739 at: Marshall. Dennehev. Wamer. Coleman & Gooain. 4200 Crums Mill Road, Ste. B. Harrisburo. PA 17112 (Address) You may deliver or mall legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, In advance, the reasonable cost of preparing the copies or producing the things sought. If you fall to produce the documents or things required by this subpoena, within twenty (20) days after Ita service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Michael D. Pioa. Esauire Address Marshall. Dennehev. Warner. Coleman & Goaain 4200 Crums Mill Road Harrisbura. PA 17112 Telephone: (717)231-3500 Supreme Court 10# 15907 A TIORNEY FOR: Defendants DATE: 9~pJ- _ -1'- ~/l6S i Seal of the Court BY THE COURT: (Pro KIMBERLY DUNHAM and TIMOTHY DUNHAM, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MEDICAL MALPRACTICE ACTION SAMBHU N. KUNDU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS & GYNECOLOGY, INC. Defendants NO: 05-2412 CIVIL TERM JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Jose E. Misas. M.D. 2025 Technoloav Parkway. #304. Mechanicsbura. PA 17050 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or thing: All medical records. films. documents. corresoondence and any other information contained in the oatient chart for Kimberly Zulli Dunham. DOB: 9/20/78 and Social Security No.: 185-66-4739 at: Marshall. Dennehev. Warner. Coleman & Goaain. 4200 Crums Mill Road. Ste. B. Harrisbura. PA 17112 (Address) You may deliver or mall legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, In advance, the reasonable cost of preparing the copies or producing the things sought. If you fall to produce the documents or things required by this subpoena, within twenty (20) days after Its service, the party serving this subpoena may seek a court order compelling you to comply with It. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: Name: Michael D. Pioa. Esauire Address Marshall. Dennehey. Wamer, Coleman & Goaain 4200 Crums Mill Road Harrisbura. PA 17112 Telephone: (717)231-3500 Supreme Court 10# 15907 A TIORNEY FOR: Defendants DATE: -9€.p:l- :2Io,;;'rV'!-S BY THE COURT: Seal of the Court Division) CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by facsimile and by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Neil J. Rovner, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintiff) MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY DATED: q fvzJ 05 Kay . . ton, aralegal for Michael D. Pipa, Esquire Sup. Ct. 1.0. #53624 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3500 Attorneys for Defendants 105_AILIABIKETlLLPGI198522\KET\01012100144 CERTIFICATE OF SERVICE I hereby certify that I am serving a copy of the foregoing document upon the person(s) on the date and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage prepaid, as follows: Neil J. Rovner, Esquire Angino & Rovner, P,C. 4503 North Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintiff) MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN DATED: q/?J!Jios By: -tt:n~ , Kay E. Iptan, Paralegal for Michael D, Pipa, Esquire Sup. Ct. I.D. #53624 4200 Crums Mill Road, Suite B Harrisburg,PA 17112 (717) 651-3500 Attorneys for Defendants 105_AILlABIKETlllPGI 199091 IKETl01 012100144 () r-v 0 c--:-> C" C~ ." .--- c.:...n C") :;:l r. C) flip -! I '-nn"'i "!) ~~~ W ,c'~ , , ~~ ~~~ -"" -! -r-' ;::"'1 ) h~l c-_, ;~ -, --~ 0 :~1 - -.J .< AN GINO & ROYNER, P.C. Neil J, Rovner, Esquire Attorney ID#: 22\08 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: nrovnerlaJ.angino-rovner.com KIMBERLY DUNHAM and TIMOTHY DUNHAM, her husband PlaintitIs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW MEDICAL MALPRACTICE ACTION SAMBHU N, KUNDU, M.D, and CENTRAL PENNSYLVANIA OBSTETRICS - GYNECOLOGY, INC. Defendants NO.05-2412 - Civil Term JURY TRIAL DEMANDED PLAINTIFFS' MOTION FOR STATUS CONFERENCE AND NOW, come the Plaintiffs, by and through their attorneys, Angino & Rovner, P.c., to respectfully request this Honorable Court to schedule a Status Conference in order to establish discovery deadlines and a trial date, In support for said request, Plaintiffs aver as follows: I, The Complaint in this instant medical malpractice action was filed on or about May 5, 2005, 2. The parties have engaged in discovery including depositions, Interrogatories and Request for Production of Documents. 3, The deposition ofthe Defendant has been completed. 262948,1 \N)R\CMG 4, Defense counsel concurs in this motion, 5, Plaintiffs counsel is Neil ], Rovner, Esquire, 4503 North Front Street, Harrisburg, Pennsylvania and telephone number is (717) 238-6791. 6. Defendants' counsel is Michael Pipa, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, 4200 Crums Mill Road, Suite B, Harrisburg, Pennsylvania and telephone number is (717) 651-3515. WHEREFORE, Plaintiffs respectfully request Your Honorable Court to schedule a Status Conference for the purpose of establishing discovery deadlines, exchange of expert reports and a trial date, Respectfully submitted, ANGINa & RO Date: \ c( ulch' I' ~ ,,/ I'/' , Neil ], Rov LD. No, 2 08 4503 N. Front Street Harrisburg, P A 1711 0 (717) 238-6791 Counsel for Plaintiff( s) 262948,\ INJRICMG CERTIFICATE OF SERVICE I, CHRISTINE M. GALLAGHER, an employee of the law firm of Angino & Rovner, P.c., do hereby certify that I am this day serving a true and correct copy of PLAINTIFF'S MOTION FOR STATUS CONFERENCE upon all counsel of record via postage prepaid first class United States mail addressed as follows: Michael D. Pipa, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B i Harrisburg, PA i7i 12 Counsel for Defendants. Sambhu N Kundu, M.D" and Central Pennsylvania Obstetrics- Gynecology, Inc DATED: 10/11) ~ C~AF Christine M. Gallaghe 262948.1\NJRICMG r .-' ~ .:~ ;.:.n I ~__ ,-, '(;:;) _\ - - ~ .-4 -C""Tl f'11~ -C:" e;~ [", -f, "1"\ -0 ::;: : (-) ':j;-r\ :~-, , . ~':st t;,? Q 0'"" ORIGINAL AN GINO & ROVNER, P.c. Neil J. Rovner, Esquire Attorney ID#: 22108 4503 North Front Street Harrisburg, PA 171 ]0-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintift1s) E-mail: nrovneraanino-ravner.com KlMBERL Y DUNHAM and TIMOTHY DUNHAM, her husband Plaintiffs V, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MEDICAL MALPRACTICE ACTION SAMBHU N. KUNDU, M,D. and NO. 05-2412 - Civil Term CENTRAL PENNSYLVANIA OBSTETRICS - GYNECOLOGY, INC, 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 TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 32 South Bedford Street, Carlisle, P A Telephone number- 717- 249-3166 A VISa USTED HA SIDO DEMANDADO/ A EN CORTE, Si usted desea defenderse de las demandas que se persentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de ia notifieacion de esta Demanda y A visa radicando personalmente 0 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 Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo par cualquier suma de dinero rec1amada en ia demanda 0 cualquier otra rec1amacion 0 rernedio solicitado por el demandante puede ser dictado en 3104]9 contra suya por la Corte sin mas aviso adieional. Used puede perder dinero 0 propiedad u otros derechos importantes para used, USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE, SI USED NO TIENE UN ABOGADO, LLAME 0 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 0 BAJO COSTO A PERSONAS QUE CUALIFICAN, Cumberland County Bar Association 32 South Bedford Street, Carlisle, P A Telephone number- 717- 249-3166 310419 ANGINa & ROVNER, P.c. Neil J. Rovner, Esquire Attorney 10#: 22108 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: nrovneruv.anl!ino.rovner.com KIMBERLY DUNHAM and TIMOTHY DUNHAM, her husband Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, CNIL ACTION - LAW MEDICAL MALPRACTICE ACTION SAMBHU N, KUNDU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS - GYNECOLOGY, INC, Defendants NO. 05-2412 - Civil Term JURY TRIAL DEMANDED PLAINTIFFS' AMENDED COMPLAINT I, Plaintiffs Kimberly Dunham and Timothy Dunham, are husband and wife and adult residents of York Springs, York County, Commonwealth of Pennsylvania. 2. Defendant Sambhu N. Kundu, M.D" is a medical doctor holding himself out as a medical specialist in the field of obstetrics and gynecology, Plaintiffs are asserting a professional liability claim against the Defendant. A Certificate of Merit is filed herewith. 3. Defendant Central Pennsylvania Obstetrics-Gynecology, Inc., at all relevant times provided obstetrical and gynecological care to patients in Camp Hill, Cumberland County, Pennsylvania. Plaintiffs are asserting a professional liability claim against the Defendant. A Certificate of Merit is filed herewith. 310419 4, At all releyant times, Defendant Dr. Kundu was an employee, agent and servant or apparent employee, agent and servant of Central Pennsylvania Obstetrics-Gynecology, Inc. 5, The facts and occurrence hereinafter related began on or about November 12,2001, 6, On or about that date, Plaintiff Kimberly Dunham underwent a Pap Smear and gynecological examination by Defendant Dr. Kundu, which was her regularly scheduled yearly gynecological exam. 7. The Pap Smear slides read as abnormal by Quest Diagnostics, 8, The pathological diagnosis was atypical endocervical cells of undetermined significance (AGUS). 9, Plaintiff Kimberly Dunham was informed that this Pap Smear was abnormal and Defendant Kundu performed a procedure known as ECC or endocervical curretage on or about December 28,2001. 10, Defendant Kundu did not perform a colposcopic examination, directed biopsies or human papilloma virus testing, nor did he perform any other follow-up diagnostic tests. II. Defendant Kundu reported the results of the ECC as normal and cauterized Mrs. Dunham's endocervical canal with low voltage current on January 14, 2002, 12. Dr. Kundu failed to schedule Kimberly Dunham for appropriate follow-up after the cauterization allowing her to go 12 months until her next appointment. 13. On or about November 13, 2002, Kimberly Dunham saw Dr. Kundu for her yearly follow-up examination where she received another Pap Smear. 14, This Pap Smear was reported as again showing AGUS on or about November 25,2002, IS, When the report of the abnormal PAP Smear was returned to Dr. Kundu in November of 2002, he wrote on the report form that Ms. Dunham should be seen within the next two months for a further biopsy. 310419 16, Neither Dr, Dr. Kundu nor his staff communicated to Mrs. Dunham that she was to have an appointment made within two months. Instead, an appointment was made for a regular yearly exam for the following year. 17. Neither Dr. Kundu nor his staff ever discussed the results of the November 2002, with Mrs, Dunham. 18. On or about November 17,2003, Mrs. Dunham again saw Defendant Dr. Kundu for her yearly gynecological examination, 19, At that time, Defendant Dr. Kundu's office notes indicate that Mrs. Dunham's Pap Smear done the previous year in November of2002, was within normal limits (WNL), In fact, that Pap Smear had shown AGUS. 20. Between November of 2002 and November of 2003, despite two abnormal Pap Smears, Dr. Kundu did not perform any appropriate follow-up procedures or examinations. 21. A Pap Smear performed on November 17, 2003, disclosed hi-grade squamous intraepitheliallesion (HGSIL), 22. On December I, 2003, Defendant Dr. Kundu for the first time suggested a colposcopic examination, cone biopsy and loop electrode excision procedure (LEEP). 23. After the visit of December I, 2003, Defendant Dr. Kundu wrote in his records "At one time we confronted the patient with the problem of AGUS, but that was sorted out." 24. Defendant Dr. Kundu did not discuss in 2003, the fact that the results of the November 2002, PAP Smear had "fallen through the cracks" and therefore no follow-up was performed. 25, Plaintiff Kimberly Dunham decided to get a second opinion and went to see Dr. Patricia Reddy on or about January 21,2004, 26, On or about January 21, 2004, Plaintiff Kimberly Dunham underwent a colposcopic examination by Dr. Reddy which confirmed HGSIL. 310419 27. Dr. Reddy suggested a LEEP procedure be performed. 28. The ECC and cervical biopsies performed by Dr. Reddy were found to be positive for adenocarcinoma, 29, As a result, Mrs. Dunham was referred to a surgeon, Dr. Jose Misas, who had no choice but to perform a hysterectomy. 30. As a result of the delay in diagnosis of Mrs. Dunham's cervical cancer, she will never be able to bear children. 31. The Plaintiffs were married on September 21,2001, and have no children. 32, As a result of the delay in diagnosis of Mrs. Dunham's cancer, she is at a great risk of recurrence or spread of cancer. 33. Kimberly Dunham is 27 years old. Her date of birth is September 20,1978. COUNT I KIMBERLY DUNHAM V. SAMBHU KUNDU, M.D. 34, Paragraphs 1 through 33 are incorporated herein as if set forth at length, 35, Defendant Sambhu Kundu, M.D., who holds himself out to be a specialist in the field of obstetrics and gynecology, was negligent and careless in his substandard medical treatment of Kimberly Dunham as follows: a, Failing to perform and suggest appropriate follow-up diagnostic testing following the abnormal Pap Smear of November of 2001; b. Failing to perform appropriate procedures to remove the abnormal cells and possible cancer in November of2001; c. hnproperly cauterizing the endocervical area. d. Failure to recognize the significance of the abnormal Pap Smear of November of 2002; e. Causing or allowing results ofthe November 2002 PAP Smear to "fall through the cracks" with a results that no follow-up appointment was made within two months for further diagnostic testing, 310419 f, Failing to perform appropriate diagnostic testing of Mrs. Dunham following the abnormal Pap Smear of November of2002; g, Failing to perform appropriate procedures in an about an effort to treat Mrs, Dunham's abnormal cells and potential cancer following her Pap Smear of November of2002; h. Reporting to Mrs. Dunham that her Pap Smear of November of2002 was nothing to worry about and that she would not have to worry about cancer because she was too young; 1. Failure to perform appropriate testing to determine the nature and extent of the abnormal cells and potential cancer that existed prior to November of2003; and J. Failing to appropriately counsel and treat Mrs. Dunham with regard to her gynecological care in view of her abnormal Pap Smears, WHEREFORE, Plaintiff Kimberly Dunham demands judgment against Defendant Sambhu Kundu, MD" in an amount in excess of Thirty-Five Thousand ($35,000) Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration, COUNT II KIMBERLY DUNHAM V. CENTRAL PENNSYL VANIA OBSTETRICS- GYNECOLOGY, INC. 36. Paragraphs 1 through 35 are incorporated herein as if set forth at length. 37. At all relevant times Defendant Dr. Kundu was an employee, agent and servant or apparent employee, agent and servant of Defendant Central Pennsylvania Obstetrics- Gynecology, Inc., acting within the course and scope and course his employment. 38, The office nursing staff and physicians' assistants attending to Mrs. Dunham were, at all relevant times, employees, agents and servants or Defendant Central Pennsylvania Obstetrics- Gynecology, Inc., acting within the course and scope of their employment. 39. Defendant Central Pennsylvania Obstetrics-Gynecology, Inc, is liable for negligence of Defendant Dr. Kundu as set forth in Plaintiffs' Complaint. 310419 40, Defendant Central Pennsylvania Obstetrics-Gynecology, Inc, is liable for any failure of its nurses or physicians' assistants in appropriate counseling and reporting to Mrs. Dunham the true nature of her Pap Smears, WHEREFORE, Plaintiff Kimberly Dunham demands judgment against Defendant Central Pennsylvania Obstetrics-Gynecology, Inc., in an amount in excess of Thirty-Five Thousand ($35,000) Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. CLAIM I - DAMAGES KIMBERLY DUNHAM V. CENTRAL PENNSYL VANIA OBSTETRICS- GYNECOLOGY, INC., and SAMBHU KUNDU, M.D. 41. Paragraphs 1 through 40 are incorporated herein as if set forth at length. 42, As a result of the delay in diagnosis Kimberly Dunham has had to undergo a radical hysterectomy in and about an effort to prevent further spread of cancer. 43. As a further result of the delay in diagnosis Kimberly Dunham has lost income in the past and will in the future suffer a loss of earning potential. i 44, As a result of the injuries suffered by Kimberly Dunham, Plaintiff Kimberly Dunham has sustained permanent and severe disabilities and an inability to go about her daily activities and claim is made therefor. 45. As a result of the injuries suffered by Kimberly Dunham, Plaintiff Kimberly Dunham has sustained loss of life's pleasures, and claim is made therefor. 46, As a result of the injuries suffered by Kimberly Dunham, she has been forced to incur pain, suffering, humiliation, and claim is made therefor. 47. As a result of the injuries suffered by Kimberly Dunham, Plaintiff Kimberly Dunham has been subjected to the increased risk of the spread of cancer and premature death, 310419 48. As a result of the injuries suffered by Kimberly Dunham, Plaintiff Kimberly Dunham must live with the fear of cancer spreading and its recurrence. 49. As a result of the injuries suffered by Kimberly Dunham, she will be unable to bear children of her own. 50, As a result of the injuries suffered by Kimberly Dunham, she has been forced to incur medical expenses, and will continue to incur medical expenses in an amount unknown at this I time, in and about an attempt to improve her condition for which claim is made therefor. WHEREFORE, Plaintiff Kimberly Dunham demands judgment against Defendants, in an amount in excess of Thirty-Five Thousand ($35,000) Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. CLAIM -II TIMOTHY DUNHAM V. CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY,INC" AND SAMBHU KUNDU, M.D. 51. Paragraphs I through 50 are incorporated herein as if set forth at length, 52. As a result of the injuries suffered by his wife, Plaintiff Kimberly Dunham, Plaintiff Timothy Dunham has lost the companionship, consortium and society of his wife. WHEREFORE, Plaintiff Timothy Dunham demands judgment against Defendants, in an amount in excess of Thirty-Five Thousand ($35,000) Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration, Respectfully submitted, Date iu!iLlI t~ 310419 ANGINO & RO ," / Neil J. Rovn,er sire LD, No. 22/0 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff( s) ,P.C, ANGINa & ROVNER, P.C. Neil 1. Rovner, Esquire Attorney ID#: 22108 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: nrovner[a)anllino-rovner.com and TIMOTHY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY DUNHAM DUNHAM, her husband Plaintiffs v, CIVIL ACTION - LAW MEDICAL MALPRACTICE ACTION SAMBHU N, KUNDU, M,D, and NO. 05-2412 - Civil Term CENTRAL PENNSYLVANIA OBSTETRICS - GYNECOLOGY, INC. JURY TRIAL DEMANDED Defendants Certificate of Merit as to Sambhu Kundu, M.D. I, Neil J, Rovner, certify that: (-?-_J 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; OR ( -'l 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 \ \ Ll/U; 3104]9 ANGINO & ROVNER, P.C. Neil 1. Rovner, Esquire Attorney ID#: 22108 4503 North Front Street Harrisburg, P A 17110-1708 (717) 238-6791 FAX (717)238-5610 Attorneys for Plaintim:s) E-mail: nrovner[a)aneino-TOvner.com KIMBERLY DUNHAM and DUNHAM, her husband Plaintiffs TIMOTHY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MEDICAL MALPRACTICE ACTION SAMBHU N. KUNDU, M.D. and NO. 05-2412 - Civil Term CENTRAL PENNSYLVANIA OBSTETRICS - GYNECOLOGY, INC. JURY TRIAL DEMANDED Defendants Certificate of Merit as to Central Pennsylvania Obstetrics-Gynecology, Inc. I, Neil J. Rovner, 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; OR ( -L) 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: \D(!Ll\tS 310419 VERIFICATION I, Kimberly Dunham, Plaintiff, have read the foregoing Complaint and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A Section 4904, relating to unsworn falsification to authorities. O~ -;' O'3,(~ 0 ~>v~J-c,JJ-6 U~cv,_ Witness Kimberly Dunham Dated: 10-\ 0 0:'> Date: 10 - I 0 - 0 S 310419 VERIFICATION I, Timothy Dunham, Plaintiff, have read the foregoing Complaint and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 . Section 4904, relating to unsworn falsification to authorities. ~;,~ Date: 10-10' 05 7' Witness Dated: \o-tO-os . 310419 CERTIFICATE OF SERVICE I, Megan Moll, an employee of the law firm of Angina & Rovner, P,C" do hereby certify that I am this day serving a true and correct copy of Plaintiffs' Amended Complaint upon all counsel of record via postage prepaid first class United States mail addressed as follows: Michael D, Pipa, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 Counsel for Defendants, Sambhu N Kundu, MD., and Central Pennsylvania Obstetrics- Gynecology, Inc, \0 S' Dated: I [) \ I L-\ Y'(\Lt\(lcl1 Ync'--€2 Megan Moll 3]04]9 _.; C) TI ::.~...( i'101 -__..i {;,.? f"""J CJ jJ --< 1.-- RECFC11221l1 ANGINO & ROVNER, P.c. Neil], Rovner, Esquire Attorney 10#: 22108 4503 North Front Street Harrisburg, P A 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: nrovner{a).angino-rovner.com KIMBERLY DUNHAM and TIMOTHY DUNHAM, her husband Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW MEDICAL MALPRACTICE ACTION SAMBHU N. KUNDU, M.D. and NO,05-2412 - Civil Term CENTRAL PENNSYLVANIA OBSTETRICS - GYNECOLOGY, INC. JURY TRIAL DEMANDED Defendants ORDER AND NOW, this ~ day of fJd ,2005, upon consideration of Plaintiffs' Motion for a Status Conference, IT IS HEREBY ORDERED AND DECREED that a Status Conference is scheduled for ~-!.~ I/:O{) o'clockL/m. in Courtroom # / , k - 30 , ,2005 at , BY THE COURT: 262948.I\NJR\CMG cc en U".' ,- ('<.J r- ~ -.1 t-=.J ~L C) IF:; C;;, c'" II r I ANGINa & ROVNER, P.c. Neil J, Rovner, Esquire Attorney ID#: 22108 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: nrovner(cilangino-rovner.com KIMBERLY DUNHAM and TIMOTHY DUNHAM, her husband Plaintiffs v, SAMBHU N. KUNDU, M.D. and CENTRAL PENNSYLVANIA OBSTETRICS - GYNECOLOGY, INC, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MEDICAL MALPRACTICE ACTION NO.05-2412 - Civil Term JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE This is to certify that on the 14th of October, 2005 a true and correct copy of Plaintiffs' Amended Complaint to Civil Action No, 05 -2412 was mailed to Michael Pipa, Esquire, by certificd mail, return receipt requested at 4200 Crums Mill Road, Suite B, Harrisburg, PA 17112, A copy of the certified mail receipt 7005 03900001 3437 ;3241 is attached hereto. (;itl':!!! n n/(>t'/ MegaH Moll ACCEPTANCE OF SERVICE This is to certify that on the 17th day of October, 2005, a true and correct copy of the aboye-noted Plaintiffs' Amended Complaint was served upon the Defendant via certified mail, return receipt requested at the above-noted address, A copy of the signed receipt No: 7005 0390 0001 34373241 is attached hereto, Sworn to and subscribed before me this 19th day of \~~~OCi~ Notary Pubhc- /i/tq{c/l nlt/-f) Megan Moll 311736 IlQTAlMLSfM...... QIlIISl1IlE Yo \lALLMIIEll,..._ _ SUSQtJElIANIlA 1Wl'. .......- MY CtlMMISSlON fEB, II r II .-'l ~ ru m "- m ~ m .-'l 0 0 0 0 [J'" m 0 Lll 0 0 "- U.S. Postal Service", CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage $ Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Postmark Here ID/ILJ If ') Total Postage & Fees $ enlTo lJ .' - ':f., r.\\.lD0JLuuJ~q)JJ.~tmu'~------mm'.------_u.,..----"--"...- o!~;~::;::.~.lQO_CLl!J'uD_.ffiLLi_(2Ql}d,~x~t.l..f<, cUi:lt8r-{s'\\.I c PR \ 1\ L . Complete items 1, 2, and 3. Also complete ttem 4 n Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. ArtIcle Addressed to: :1 I I I II II m,CrlO(\ b()I[)U..tSqllU'\.Q 1~IC\.\"" ho.l\, D..t.I\MI'U..cj,'u.;CL'LI'\0\ l'GUxnCLn Il (-~C,iY\Ln r' LI2 C)() ((LUYLJ rn_Llll.2.GClO,,)(U ( t\CJ.\p;,llcUj {?F\ 11-IIL 7005 0390 0001 3437 3241 o D. ts delivery address different from Item 17 as If YES. enter delivery address below: ~o 3, SalVlee 'JYpe lit CertIIIed Mall o Registered o Insured Mall 4. Restricted Del o ExpIess Mall . Return ReceIpt for MeIohancIIoe C.O.D. (Extta Fee) 0 Yes 102595-02-M-1540 DomestIc Return Receipt PS Fonn 3811. February 2004 ') .~ ... CERTIFICATE OF SERVICE I, Megan Moll, an employee of the law firm of Angino & Rovner, P ,c., do hereby certify that I am this day serving a true and correct copy of the foregoing upon all counsel of record via postage prepaid first class United States mail addressed as follows: Michael D. Pipa, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PAL 7112 Counsel for Defendants, Sambhu N Kundu. M,D., and Central Pennsylvania Obstetrics- Gynecology, Inc, 77 Ulr 1( I) rnNf , , Megan Moll Dated: I( (Nle.:; I I II 311736 - / :'j -, KlMBERL Y DUNHAM and TIMOTHY DUNHAM, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. MEDICAL MALPRACTICE ACTION SAMBHU N. KONDU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS -GYNECOLOGY, INC. Defendants NO: 05-2412 CIVIL TERM JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Neil J. Rovner, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service of hereof or a default judgment may be filed against you, Respectfully submitted, MARSHALL, DENNE HEY, WARNER, COLEMAN & GOGGIN DATE: November \ <; , 2005 BY: MICHAEL D. PIP A, ES E Attorney J.D. No. 53624 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3515 Attorneys for Defendants, Sambhu N Kundu, MD. and Central Pennsylvania Obstetrics- Gynecology, lnc, I 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 Ph: (717) 651-3500 Fax: (717) 651-9630 Attorney for Defendants, Sambhu N. Kundu, MD. and Central Pennsylvania Obstetrics- Gynecology, Inc. KIMBERLY DUNHAM and TIMOTHY DUNHAM, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. MEDICAL MALPRACTICE ACTION SAMBHU N. KUNDU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS -GYNECOLOGY, INC, Defendants NO: 05-2412 CIVIL TERM JURY TRIAL DEMANDED ANSWER OF DEFENDANTS TO PLAINTIFFS' AMENDED COMPLAINT AND NOW, comes the Defendants, by and through their attorneys, Marshall, Dennehey, Warner, Coleman & Goggin, in answer to the Plaintiffs' complaint, state as follows: 1. Denied pursuant to Rule 1029(e). 2. Admitted. 3. Admitted, 4. Admitted. 5. Denied pursuant to Rule 1029(e). 6. Denied pursuant to Rule 1029(e). By way of further answer, the relevant medical records are incorporated herein by reference. As reflected in those records, it is admitted that Dr. Kundu examined Plaintiff Kimberly Dunham on November 12, 2001. 7. Denied pursuant to Rule 1029(e), 8. Denied pursuant to Rule 1029(e). 9. Denied pursuant to Rule 1029(e). By way of further answer, the relevant medical records are incorporated herein by reference. As set forth in those records, it is only admitted that Dr. Kundu performed a procedure for Plaintiff Kimberly Dunham on December 28, 2001. To the extent a response is deemed required, any implication of a failure to meet the appropriate standard of care and any allegation of liability producing conduct on the part of Dr. Kundu is specifically denied. To the contrary, Dr. Kundu at all times relevant acted appropriately and in compliance with all applicable standards of care under the circumstances then and there prevailing, 10, Denied pursuant to Rule 1029(e). By way of further answer, to the extent the averments of paragraph 10 imply that Dr. Kundu somehow failed to meet the appropriate standard of care, those averments constitute conclusions of law to which no response is required. To the extent a response is deemed required, any implication of a failure to meet the appropriate standard of care and any allegation of liability producing conduct on the part of Dr. Kundu is specifically denied, To the contrary, Dr. Kundu at all times relevant acted appropriately and in compliance with all applicable standards of care under the circumstances then and there prevailing. 2 1-- 11. Denied pursuant to Rule 1029(e). By way of further answer, the relevant medical records are incorporated herein by reference. As set forth in those records, it is only admitted that Dr. Kundu performed a procedure for Plaintiff Kimberly Dunham on January 14, 2002, To the extent that the averments of paragraph 11 imply or state that the actions of Dr. Kundu referred to therein constitute negligence or a failure to meet the appropriate standards of care then and there prevailing, those averments constitute conclusions of law to which no response is required. To the extent a response is deemed required, all averments of negligence or a failure to meet the appropriate standards of care, and all averments of liability producing conduct on the part of Dr. Kundu, are specifically denied, To the contrary, Dr. Kundu at all times acted with reasonable care and his conduct at all times met the applicable standards of care under the circumstances then and there prevailing. 12. Denied pursuant to Rule 1029(e). By way of further answer, the relevant medical records are incorporated herein by reference. As set forth in those records, Dr. Kundu indicated that Kimberly Dunham should be scheduled for an appropriate follow-up appointment after the cauterization. To the extent that the averments of Paragraph 12 imply or state that the actions of Dr. Kundu referred to therein constitute negligence or a failure to meet the appropriate standards of care then and there prevailing, those averments constitute conclusions of law to which no response is required. To the extent a response is deemed required, all averments of negligence or a failure to meet the appropriate standards of care, and all averments of liability producing conduct on the part of Dr. Kundu, are specifically denied, To the contrary, Dr, Kundu at all times acted with reasonable care and his conduct at all times met the applicable standards of care under the circumstances then and there prevailing. 3 13. Denied pursuant to Rule 1029(e). By way of further answer, the relevant medical records are incorporated herein by reference. As set forth in those records, it is only admitted that Dr. Kundu saw Plaintiff Kimberly Dunham on November 13, 2002. To the extent that the averments of paragraph 12 imply or state that the actions of Dr. Kundu referred to therein constitute negligence or a failure to meet the appropriate standards of care then and there prevailing, those averments constitute conclusions of law to which no response is required, To the extent a response is deemed required, all averments of negligence or a failure to meet the appropriate standards of care, and all averments of liability producing conduct on the part of Dr, Kundu, are specifically denied. To the contrary, Dr. Kundu at all times acted with reasonable care and his conduct at all times met the applicable standards of care under the circumstances then and there prevailing, 14, Denied pursuant to Rule 1029(e), 15, Admitted that Dr. Kundu made certain notes on the report of the PAP smear after it was returned to his office in November 2002. All remaining averments are denied pursuant to Rule 1029(e). By way of further answer, the medical records are incorporated herein by reference. 16. Denied pursuant to Rule 1029(e). By way of further answer, the relevant medical records are incorporated herein by reference. 17. Denied pursuant to Rule 1029(e). 4 18. Denied pursuant to Rule 1029(e). By way of further answer, the relevant medical records are incorporated herein by reference. As set forth in those records, it is only admitted that Dr. Kundu saw the Plaintiff Kimberly Dunham on November 17, 2003. By way of further answer, to the extent that the averments of paragraph 18 simply or state that the actions of Dr. Kundu referred to therein constitute negligence or a failure to meet the appropriate standards of care then and there prevailing, those averments constitute conclusions of law to which no response is required. To the extent a response is deemed required, all averments of negligence or a failure to meet the appropriate standards of care, and all averments of liability producing conduct on the part of Dr. Kundu, are specifically denied. To the contrary, Dr. Kundu at all times acted with reasonable care and his conduct at all times met the applicable standards of care under the circumstances then and there prevailing. 19. Denied pursuant to Rule 1029(e). By way of further answer, to the extent that the averments of paragraph 19 simply or state that the actions of Dr. Kundu referred to therein constitute negligence or a failure to meet the appropriate standards of care then and there prevailing, those averments constitute conclusions of law to which no response is required, To the extent a response is deemed required, all averments of negligence or a failure to meet the appropriate standards of care, and all averments of liability producing conduct on the part of Dr. Kundu, are specifically denied. To the contrary, Dr. Kundu at all times acted with reasonable care and his conduct at all times met the applicable standards of care under the circumstances then and there prevailing, 5 20. Denied pursuant to Rule 1029(e). By way of further answer, to the extent that the averments of paragraph 20 simply or state that the actions of Dr. Kundu referred to therein constitute negligence or a failure to meet the appropriate standards of care then and there prevailing, those averments constitute conclusions of law to which no response is required, To the extent a response is deemed required, all averments of negligence or a failure to meet the appropriate standards of care, and all averments of liability producing conduct on the part of Dr. Kundu, are specifically denied. To the contrary, Dr. Kundu at all times acted with reasonable care and his conduct at all times met the applicable standards of care under the circumstances then and there prevailing. 21. Denied pursuant to Rule 1029(e). 22. Denied pursuant to Rule 1029(e). By way of further answer, to the extent that the averments of paragraph 22 simply or state that the actions of Dr. Kundu referred to therein constitute negligence or a failure to meet the appropriate standards of care then and there prevailing, those averments constitute conclusions of law to which no response is required, To the extent a response is deemed required, all averments of negligence or a failure to meet the appropriate standards of care, and all averments of liability producing conduct on the part of Dr. Kundu, are specifically denied, To the contrary, Dr. Kundu at all times acted with reasonable care and his conduct at all times met the applicable standards of care under the circumstances then and there prevailing. 23. Denied pursuant to Rule 1029(e), By way of further answer, to the extent that the averments of paragraph 23 simply or state that the actions of Dr. Kundu referred to therein constitute negligence or a failure to meet the appropriate standards of care then and there 6 r--u- prevailing, those averments constitute conclusions of law to which no response is required, To the extent a response is deemed required, all averments of negligence or a failure to meet the appropriate standards of care, and all averments of liability producing conduct on the part of Dr. Kundu, are specifically denied. To the contrary, Dr. Kundu at all times acted with reasonable care and his conduct at all times met the applicable standards of care under the circumstances then and there prevailing. 24. Denied pursuant to Rule 1 029( e), By way of further answer, the relevant medical records are incorporated herein by reference. By way of further answer, the recent deposition testimony of Dr. Kundu is also incorporated herein by reference. 25. Denied pursuant to Rule 1029(e). 26. Denied pursuant to Rule 1029(e). 27. Denied pursuant to Rule 1029(e). 28, Denied pursuant to Rule 1029(e). 29. Denied pursuant to Rule 1029(e). 30. Denied pursuant to Rule 1029(e). 31. Denied pursuant to Rule 1029(e), 32. Denied pursuant to Rule 1029(e). 33. Admitted. 7 COUNT I KIMBERLY DUNHAM V. SAMBHU KUNDU, M.D. 34. Responses to paragraphs 1-33 are incorporated herein as ifset forth at length, 35. a, Denied pursuant to Rule I029(e). b. Denied pursuant to Rule I029(e), c, Denied pursuant to Rule I029(e). d. Denied pursuant to Rule I029(e). e. Denied pursuant to Rule I029(e). f. Denied pursuant to Rule I029(e), g, Denied pursuant to Rule 1029(e). h. Denied pursuant to Rule 1029(e). 1. Denied pursuant to Rule 1029(e). WHEREFORE, the Defendants demand judgment against the Plaintiff. 8 COUNT II KIMBERLY DUNHAM V. CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. 36. Responses to paragraphs 1-35 are incorporated herein as if set forth at length herein, 37. Admitted only that Dr. Kundu was and employee, agent, servant or an apparent employee, agent, servant of Central Pennsylvania Obstetrics-Gynecology, Inc, during the relevant times. In so far as any alleged act or omission by Dr. Kundu was within the course or scope of such employment, that portion of paragraph 33 is specifically denied, 38. Admitted only that office nursing staff and physician assistants attending to Mrs. Dunham were at all relevant times, employees, agents and servants of Defendant Central Pennsylvania Obstetrics-Gynecology, Inc. when she interacted with that office, In so far as any alleged act or omission by the office nursing staff or physician assistants was within the course or scope of such employment, that portion of paragraph 33 is specifically denied, 39, Denied pursuant to Rule 1029(e). To the extent a response is deemed required, Central Pennsylvania Obstetrics-Gynecology, Inc., specifically denies negligence occurred and specifically denies that it would otherwise be liable for any alleged negligence of Dr. Kundu. 40, Denied pursuant to Rule 1029(e). To the extent a response is deemed required, Central Pennsylvania Obstetrics-Gynecology, Inc., specifically denies it is liable for any alleged failure of its nurses or physicians' assistants in appropriately counseling or reporting to Mrs, Dunham the nature of her Pap Smears. WHEREFORE, defendants demand judgment against the Plaintiff. 9 CLAIM I - DAMAGES KIMBERLY DUNHAM V. CENTRAL PENNSYL VANIA OBSTETRICS- GYNECOLOGY, INC. and SAMBHU KUNDU, M.D. 41. Responses to paragraphs 1-40 are incorporated herein as if set forth at length herein. 42, Denied pursuant to Rule 1029(e). 43, Denied pursuant to Rule 1029(e). 44. Denied pursuant to Rule 1029(e). 45. Denied pursuant to Rule 1029(e). 46. Denied pursuant to Rule 1029(e). 47, Denied pursuant to Rule 1029(e). 48. Denied pursuant to Rule 1029(e). 49, Denied pursuant to Rule 1029(e), 50. Denied pursuant to Rule 1029(e). WHEREFORE, defendants demand judgment against the Plaintiff. 10 CLAIM - II TIMOTHY DUNHAM V. CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC.. AND SAMBHU KUNDU. M.D. 51. Responses to paragraphs 1-50 are incorporated herein as if set forth at length herein. 52. Denied pursuant to Rule 1029(e). WHEREFORE, defendants demand judgment against the Plaintiff. NEW MATTER 53. At no time relevant to the events referred to III Plaintiffs' complaint were the Defendants, their agents, servants, employees or otherwise acting on or in behalf of any other natural person, partnership, corporation or other legal entity, 54. At all times relevant to the events referred to in Plaintiffs' complaint, the Defendants complied with the applicable standard of care. 55. The Defendants are entitled to relief and contribution in accord with the Pennsylvania Comparative Negligence Act, 42 P,S. S 7102, as amended by Senate Bill 1089, effective August 14,2002. 56, In the event that it is determined that the Defendants were negligent with regard to any of the allegations contained in Plaintiffs' complaint, said allegations being specifically denied, said negligence was superseded by the intervening negligent acts of other persons, parties and/or organizations other than the Defendants and over whom the Defendants had no control, right, or right to control and the Defendants therefore are not liable. 57. Any acts or omissions of the Defendants alleged to constitute negligence were not substantial causes, factual causes, or factors contributing to the injuries and damages alleged in Plaintiffs' complaint. 11 58. Plaintiffs' injuries and losses, if any, were not caused by the conduct or negligence of the Defendants but rather were caused by pre-existing medical conditions and/or causes beyond the control of the Defendant and the Plaintiffs therefore may not recover against the Defendants, 59. Plaintiffs claims are limited and barred by the proVISIOns of the Medical Care Availability and Reduction of Errors (MCARE) Act, 40 P.S. S 1303.101, 60. The damages alleged by the Plaintiffs did not result from acts or omissions of the Defendants, their agents, servants or employees, but rather resulted from acts or omissions of persons and/or entities over whom the Defendants had no right of control. 61. Plaintiffs claims, the existence of which are specifically denied by the Defendants, may be reduced and/or limited by any collateral source of compensation and/or benefit in accord with Pennsylvania Statutes and the opinion of the Pennsylvania Supreme Court in Moorehead v, Crozer Chester Medical Center, 564 Pa. 156 (2001), 62. The Defendants demand trial by jury on all issues. 12 WHEREFORE, the Defendants demand judgment in their favor and against the Plaintiffs including interest, costs, and fees, and other relief deemed appropriate by this Court, Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Date: November IS-, 2005 BY: MICHAEL D, PIP A, ESQ Attorney LD. No. 53624 4200 Crums Mill Road, Suite B Harrisburg,PA 17112 (717) 651-3515 Attorneys for Defendants. Sambhu N. Kundu, MD. and Central Pennsylvania Obstetrics -Gynecology. Inc, 13 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 Ph: (717) 651-3500 Fax: (717) 651-9630 KIMBERLY DUNHAM and TIMOTHY IN THE COURT OF COMMON PLEAS DUNHAM, her husband, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW v. MEDICAL MALPRACTICE ACTION SAMBHU N. KUNDU, M.D., and CENTRAL PENNSYLVANIA NO: 05-2412 CIVIL TERM OBSTETRICS -GYNECOLOGY, INC. Defendants JURY TRIAL DEMANDED VERIFICATION I verify that I have read the Answer to Amended Complaint with New Matter and verify that the facts set forth therein are true and correct to the best of my knowledge, information and belief. To the extent that the Answer to Amended Complaint with New Matter and/or its language is that of counsel, I have relied upon counsel in making this Verification, I understand that any false statements made herein are subject to the penalties of 18 Pa.C,S,A. 94904, relating to unsworn falsification to authorities. Date: /( , 0,::).-> ,,-) C' J) :i~(M' h-., ~t, Sambhu N. Kundu, MD. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Michael D, Pipa, Esquire Identification No. 53624 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 Email: mpipa@mdwcg.com Ph: (717) 651-3500 Fax: (717) 651-9630 Attorney for Defendants, Sambhu N. Kundu, MD. and Central Pennsylvania Obstetrics- Gynecology, Inc. KIMBERLY DUNHAM and TIMOTHY DUNHAM, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW v. MEDICAL MALPRACTICE ACTION SAMBHU N. KUNDU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS -GYNECOLOGY, INC. Defendants NO: 05-2412 CIVIL TERM JURY TRIAL DEMANDED CERTIFICATION OF SERVICE I hereby certify that I have served upon all parties listed below a true and correct copy of the Answer of Defendants to Plaintiffs' Amended Complaint in the above-captioned matter on November i <)', 2005 by regular mail. Neil J. Rovner, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 105_ A ILIABIMEPILLPG120 1382IKPMIOl 0\2100\44 ,......" ';'-fl _--l ;'~:1~ C:;'l c.~- c.w ~ II ... II ANGINO & ROV:-<ER, P.c. Neil J. Rovner, Esquire Attorney ID#: 22108 4503 North front Street Harrisburg, PA 17110~1708 (717) 238-679\ FAX (7] 7) 238-5610 Attorneys for Plaintiff(s) E-mail: nrovnerlvanaino-rovner.com KIMBERLY DUNHAM and TIMOTHY DUNHAM, her husband Plaintiffs v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MEDICAL MALPRACTICE ACTION SAMBHU N, KUNDU, M.D. and NO, 05-2412 - Civil Term CENTRAL PENNSYLVANIA OBSTETRICS - GYNECOLOGY, INC. JURY TRIAL DEMANDED Defendants PLAINTIFFS' ANSWERS TO NEW MATTER OF DEFENDANT AND NOW comes Kimberly Dunham and Timothy Dunham, her husband, Plaintiffs, by and through their attorneys, Angino & Rovner, P.C., by Neil J. Rovner, Esquire, and answers the New Matter of Defendants, as follows: 53, Denied as set forth in Plaintiffs' Complaint. The office staff at Central Pennsylvania Obstetrics-Gynecology, Inc" and Sambhu Kundu, M.D" were employees, agents and servants of Central Pennsylvania Obstetrics-Gynecology, Inc. 54, Denied as more fully set forth in Plaintiffs' Complaint which is incorporated herein by reference, 55, Denied, Plaintiff is in no way comparatively or contributorily negligent nor did she assume the risk of the negligence of the Defendants. 313898 I , I; - 56. Denied. There were no superseding or intervening acts of any person causing injury to the Plaintiff. 57. Denied. The omission and the acts of the Defendants substantially increased the risk of harm to the Plaintiff which would not have occurred absent their negligence. 58. Denied. Defendants' failure to properly diagnose, inform and follow-up on the Plaintiff Kimberly Dunham's abnormal pap smear effectively denied her proper treatment as more fully set forth in Plaintiffs' Complaint which is incorporated herein by reference. 59. Denied. Plaintiffs' Complaint was timely filed. 60. Denied. There are no other known persons or entities who were negligent in any way causally related to Plaintiff Kimberly Dunham's injuries other than the Defendants, their agents, servants and employees. 61. This is a conclusion of law to which no response is necessary. 62. Plaintiffs have already demanded ajury trial on all issues WHEREFORE, Plaintiff requests Your Honorable Court to DISMISS the New Matter of Defendants and to grant judgment in Plaintiffs' favor, including costs and attorneys fees. Respectfully submitted, Date: i 1\ 1"1 \C1~ ANGINa & RaYNER, P.c. /A f Neil J. Ro LD.No.2 I 4503 N. ont Street Harrisburg, PAl 711 0 (717) 238-6791 Counsel for Plaintiff( s) 3138<:18 " ATTORNEY AFFIDAVIT I, Neil J. Rovner, Esquire, state that I am counsel for Plaintiffs, that I am authorized to make this Verification on behalf of said Plaintiffs, and have read the foregoing and do hereby declare and affirm that the facts set forth in the foregoing are correctly derived from the discovery record. l understand that this Verification is made subject to the penalties of 28 D.S.C. S1746, relating to / ..-~ unsworn falsification to authorities. /' L Neil J. Rovner, EsquIte Sworn to and subscribed to before me on this 17th day of rJ;p)~~c6--- Christine M. Galla~ Notary Public MllItWEAl11I NOTARIAl SEAl. CIUft$IlIIE M. GAUAGlIER. 1iOIMf'" SUSQ\l(K~NlIA lWP, IloIIlI'Hlll co. MY COMMISSION ElIl'IRES FEB. 1& 200t 313898 " .... CERTIFICATE OF SERVICE I, Megan Moll, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of Answer to New Matter upon all counsel of record via postage prepaid first class United States mail addressed as follows: Michael D. Pipa, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 Counsel for Defendants, Sambhu N Kundu, MD., and Central Pennsylvania Obstetrics- Gynecology, Inc. In ('ilY n Megan Moll Dated: Il \ i j Ie') II II 3\3898 I),./t ( f KIMBERLY DUNHAM and TIMOTHY DUNHAM, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW SAMBHU N. KUNDU, M.D. and CENTRAL PENNSYLVANIA OBSTETRICS: - GYNECOLOGY, INC., Defendants 05-2412 CIVIL TERM JURY TRIAL DEMANDED IN RE: STATUS CONFERENCE ORDER OF COURT AND NOW, this 30th day of December, 2005, upon consideration of Plaintiffs' Motion for a Status Conference, and following a conference in chambers of the undersigned judge in which Plaintiffs were represented by Neil J. Rovner, Esquire, and Defendants were represented by Michael D. Pipa, Esquire, and pursuant to an agreement of counsel, it is ordered and directed as follows: 1. On or before January 4, 2006, Plaintiffs shall furnish to Defendants' counsel a copy of their expert's report; 2. Within 60 days of January 4, 2006, Defendants shall furnish to Plaintiffs' counsel a copy of their expert's report; 3. Within 15 days of receipt of Defendants' expert's report, Plaintiffs shall furnish to Defendants' counsel a copy of any supplemental expert report; and 4. Within 15 days of receipt of any supplemental report of Plaintiffs' expert, Defendants shall furnish to Plaintiffs' counsel a copy of any supplemental report of Defendants' expert. 5. Discovery shall be deemed complete in this case as of the completion of this discovery schedule. ,J "~':'_!n:) 21 =0 (' - I Jrrr~ Gnn7 v ,~l ~....UI.I AE'fLC . ':~;;_~'d 3:--11 .:10 ::O!::.;~:'~r--G:=nl:i . . Neil J. Rovner, Esquire 4503 North Front Street Harrisburg, PA 17110-1708 For Plaintiffs Michael D. Pipa, Esquire 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 For Defendants :mae By the Court, a/Go, ) '') J Wesley i ~,~ 'l / ., J. /-03l)G. 9-- (' Ir II ,I II II TO THE PROTHONOTARY OF CUMBERLAND COUNTY II II II II II II II I I II II 'I I I II II I II II II II II II I I II PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) Please list the following case: (Check one) for JURY trial at the next term of civil court (X) ( ) for trial without a jury CAPTION OF CASE (entire caption must be stated in full) (check one) ( ) ( ) ( ) (X) Assumpsit Trespass Trespass (Motor Vehicle) Other - Medical Malpractice Action Kimberly D1ll1ham and Timothy Dunham, her husband Plaintiffs The trial list will be called on May 16, 2006. Trials commence on June 12,2006, v. Pre-trials will beheld on May 24, 2006 (Briefs are due 5 days before pre-trials.) Sarnbhu N, Kundu, M,D., and Central Pennsylvania Obstetrics-Gynecology, Inc, (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 314-1.) Defendants No, NO.05-2412 - Civil Term Indicate the attorney who will try case for the party who files this praecipe: Esquire for Plaintiffs Neil J, Rovner, Indicate trial counsel for other parties if known: Michael D, Pipa, Esquire for Defendants This case is ready for trial. /1 /" /1/ // / II // / /1'// '/ - I , Signed: Print Name: Neil J.;Ro Attorney for Plaintiff(~) Date: January 17, 2006 317554 '.-" \..:..: (' '" . II II II II II that I arn this day serving a true and correct copy of the foregoing upon all counsel of record via II II II II II I) II II II II II II II II II I I II I) II II CERTIFICATE OF SERVICE I, Megan Moll, an employee of the law firm of Angino & Rovner, P,C" do hereby certify postage prepaid first class United States mail addressed as follows: Michael D, Pipa, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PAl 71I 2 Counsel for Defendants, Sambhu N Kundu, M,D" and Central Pennsylvania Obstetrics- Gynecology, Inc, Dated: I J 11/0 Ii; 'mO/~i) Vl 111M{ Megan Moll 317554 " c..,. _.~~ ~ j"\ 'J.--~ 1,----.- . II . II II il II II II (Check one) II II I 1 II II I II I. I I) /. Ii I ! Ii II II II Signed: PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (X) ( ) for JURY trial at the next term of civil court for trial without a jury CAPTION OF CASE (entire caption must be stated in full) (check one) ( ) ( ) ( ) (X) Assumpsit Trespass Trespass (Motor Vehicle) Other - Medical Malpractice Action Kimberly Dunham and Timothy Dunham, her husband Plaintiffs The trial list will be called on May 16, 2006. Trials commence on June 12,2006, v, Pre-trials will beheld on May 24, 2006 (Briefs are due 5 days before pre-trials,) Sambhu N. Kundu, M,D., and Central Pennsylvania Obstetrics-Gynecology, Inc. (The party listing this case for trial shaH provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 3 I 4-1.) Defendants No, NO,05-2412 ~ Civil Term indicate the attomey who will try case for the party who files this praecipe: Esquire for Plaintiffs Neil J. Rovner, Indicate trial counsel for other parties if known: Michael D, Pipa, Esquire for Defendants This case is ready for trial. / Print Name: Ndl, Attorney for Plairl'liff(s) Date: February 2, 2006 III 317554 il Ii , '- CERTIFICATE OF SERVICE I, Megan Moll, an employee of the law firm of Angino & Rovner, P,C" do hereby certify that I arn this day serving a true and correct copy of the foregoing upon all counsel of record via postage prepaid first class United States mail addressed as follows: Michael D, Pipa, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Counsel for Defendants, Sambhu N Kundu, MD" and Central Pennsylvania Obstetrics- Gynecology, lnc, -: '/,.)' / I ",1,'11 ) Megan/Moll ) i i( 'u~J Dated: 2 (J I(~ 317554 n :::::; c:: c:::) Lr.. ""'1 ,..'/ 0.; I N -,~'j (..) C) .' r II ,I II II II ANGINa & ROVNER, P.e. II, Neil], Rovner, Esquire Attorney ID#: 22108 II 4503 North Front Street I Harrisburg, P A 17110-1708 I (717) 238-6791 'II FAX (717) 238-5610 Attorneys for Plaintiff(s) II' E-mail: nrovner(W.angino-rovner.com , KIMBERL Y DUNHAM and TIMOTHY II DUNHAM, her husband II Plaintiffs II I II III I II II II II II I I [I v. SAMBHU N, KUNDU, M.D, and CENTRAL PENNSYLVANIA OBSTETRICS ~ GYNECOLOGY, lNC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MEDICAL MALPRACTICE ACTION NO,05-2412 ~ Civil Term JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW CASE FROM MARCH 13. 2006 - TRIAL LIST To the Prothonotary of Cumberland County: Please withdraw the above captioned matter from the March 2006 - Civil Trial List. Date: 2/2/0(, I II 3\8877 Ii ,I 1.1 Respectfully submitted, . ~ CERTIFICATE OF SERVICE I, Megan Moll, an employee of the law firm of Angino & Rovner, P,C" do hereby certify that I am this day serving a true and correct copy of the foregoing upon all counsel of record via postage prepaid first class United States mail addressed as follows: Michael D. Pipa, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Counsel for Defendants, Sambhu N. Kundu, MD" and Central Pennsylvania Obstetrics- Gynecology, Inc, DA TED: 2 /2 jOi ) '( ~ ~eg~~ I ~;ll I , I' 'j' II i( '( 318877 (? ,-:> 0 c? \.~:-_:l -n c.j.... - -", ("il c:;J 1 N -'\"' ," .. (..0.-1 C1 ,- ANGINa & ROVNER, P.c. Neil J. Rovner, Esquire Attorney ID#: 22108 4503 North Front Street Harrisburg, P A 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: nrovner(LVangino-rovner.com KIMBERLY DUNHAM and TIMOTHY DUNHAM, her husband Plaintiffs v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MEDICAL MALPRACTICE ACTION SAMBHU N. KUNDU, M,D. and NO.05-2412 - Civil Term CENTRAL PENNSYLVANIA OBSTETRICS - GYNECOLOGY, INC, JURY TRIAL DEMANDED Defendants PLAINTIFFS' REQUEST FOR ADMISSIONS TO DEFENDANT SAMBHU N. KUNDU, M.D. AND CENTRAL PENNSYL VANIA OBSTETRICS - GYNECOLOGY, INC. PURSUANT TO PA.R.C.P. 4014 (F.R.C.P. 36) TO: Sambhu N, Kundu and Central Pennsylvania Obstetrics-Gynecology, Inc., and their attorney, Michael D, Pipa, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 Please take notice that you are hereby required, pursuant to Rule 4014 of the Pennsylvania Rules of Civil Procedure, to serve upon the undersigned within thirty (30) days from service, your response to the admission(s) requested herein: 323880 II Ii , I, Defendants admit they were negligent for failing to follow up on a report of an abnormal pap smear obtained from Kimberly Dunharn. ANSWER: 2, Defendants will not present a defense to liability or causation in the upcoming trial scheduled for June of2006, ANSWER: Respectfully submitted, Date: ill 1/00 323880 CERTIFICATE OF SERVICE I, Megan Moll, an employee of the law firm of Angino & Rovner, P,C" do hereby certify that I am this day serving a true and correct copy of Notice of Videotaped Deposition upon all counsel of record via postage prepaid first class United States mail addressed as follows: Michael D, Pipa, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 Counsel for Defendants, Sambhu N. Kundu, M.D" and Central Pennsylvania Obstetrics- Gynecology, Inc, Je~~~~~ n/Yic'-{!' Dated: Li n I ( if 323880 '--'. ',--T C' I"', ~ " J l KIMBERLY DUNHAM and TIMOTHY DUNHAM, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 05-2412 CIVIL vs, SAMBHU N, KUNDU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC" Defendants IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held May 24, 2006, were Neil ], Rovner, Esquire, attorney for the plaintiffs, and Michael D, Pipa, Esquire, attorney for the defendants, This case arises out of the gynecological care provided by Dr. Kundu to the plaintiff, Kimberly Dunham and, specifically, a failure to diagnose cancer. When cancer of the cervix was eventually diagnosed, it had progressed to the point where it was necessary to perform a hysterectomy, One of the items of damages claimed is the inability ofthe plaintiffs to have children of their own. The defendants intend to file a motion in limine with respect to this item of darnages, observing that the loss of consortium of a child is not recoverable in Pennsylvania. In the event that the matter cannot be finally resolved prior to trial, it would be advisable to separate out, on tile verdict form, the jury's finding with regard to the plaintiff s inability to have children. Separate jury interrogatories, however, must be consistent with the new Supreme Court rule with respect to jury instructions on non-economic losses. vrhl\::,'\"IASf\I1\!3d M~' I:'"'t"-,~ "'. "~-"-'^)llO I~\) '( , :.< ~.\--ft"" " "",- .' .' " ~\ 9Z :01 ~lil SZ ^ \ftl9DOl A'Uliln"",n.:' :n,'l' ::10 fJ"._v,\-,,-, ""'.,,,":'..10 ~,l j;:ii_'L-;(::'-O:ll!:1 l This otherwise uncomplicated case should take no more than two days to try, The usual number of juror challenges will pertain. May 24, 2006 ,/li Neil J. Rovner, Esquire For the Plaintiffs Michael D. Pipa, Esquire For the Defendants Court Administrator :rlm /' L ... MICHAEL D. PIP A, ESQUIRE LD. No. 53624 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3515 Attorney for Defendants Sambhu N Kundu, MD., and Central Pennsylvania Obstetrics-Gynecology, Inc. KIMBERLY DUNHAM and TIMOTHY DUNHAM, her husband, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, No: 05-2412 CIVIL TERM v. SAMBHU N. KUNDU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS - GYNECOLOGY, INC., MEDICAL PROFESSIONAL LIABILITY ACTION CIVIL ACTION - LAW Defendants. JURY TRIAL DEMANDED MOTION OF DEFENDANTS IN LIMINE TO LIMIT THE ITEMS OF RECOVERABLE DAMAGES AND NOW, comes the Defendants, through their attorneys, and respectfully requests this Court to enter an order in limine to limit the recoverable items of damages, as follows: 1. This is a professional liability action based upon the actions of Sambhu Kundu, M.D. in providing care and treatment to Plaintiff, Kimberly Dunham. ".. , .... 2. Plaintiffs claim that Dr. Kundu for failed to follow-up with appropriate diagnostic testing after an abnormal PAP smear in November of2001 and a second abnormal PAP smear in November of 2002. 3. Dr. Kundu has admitted a failure to appropriately follow up on the November 2002 PAP smear. 4. The alleged damages have been itemized in Claim I of the Plaintiffs' Amended Complaint, Paragraphs 42 through 50. 5. In Paragraph 43, Plaintiffs claim that Kimberly Dunham has suffered lost income in the past and will in the future suffer a loss of earning potential. 6. After discovery, Plaintiff Kimberly Dunham has agreed that she will not seek to recover for past loss of income. 7. Discovery has revealed that there is no basis for any claim of a future loss of earning potential. 8. Defendants therefore respectfully request an order directing that Plaintiffs be precluded from seeking to recover any future loss of earning potential as alleged in Paragraph 43 of the Amended Complaint. 9. In Paragraph 44 of the Amended Complaint, Plaintiffs allege that Kimberly Dunham has sustained permanent and severe disabilities and an inability to go about her daily activities. 10. Discovery has revealed that Kimberly Dunham does not suffer from any permanent or severe disability or any inability to go about her daily activities. 11. Further, Plaintiffs have not submitted any expert report tending to establish any permanent or severe disability or inability to perform daily activities. 2 \05 _A \LIAB\MDPIP A \LLPG\219042\JLKA W ALEC\OI012\00144 , ~ ~-., 12. Defendants therefore respectfully request the entry of an order precluding the Plaintiffs from seeking at trial to recover for any of the damages as alleged in Paragraph 44 of the Amended Complaint. 13. In Paragraph 50 of the Amended Complaint, Plaintiffs allege that Kimberly Dunham incurred medical expenses and will continue to incur medical expenses. 14. Plaintiff Kimberly Dunham, through counsel, recently indicated that she will not seek to recover for past medical expenses at trial. 15. Plaintiffs have not submitted any expert report or opinion tending to establish with any reasonable likelihood that Kimberly Dunham will incur future medical expenses related to the claims in this case, except to the extent related to the costs of surrogate parenting. 16. Defendants therefore request the entry of an order precluding Plaintiffs from seeking to recover for future medical expenses for treatment other than surrogate parenting as alleged in Paragraph 50 of the Amended Complaint. 17. In addition, Plaintiff Timothy Dunham claims to have lost the companionship, consortium and society of his wife. 18. The only evidence produced during discovery of any loss by Plaintiff Timothy Dunham indicates that Plaintiff Timothy Dunham suffered losses only during the time period when his wife undelWent and recovered from the hysterectomy. 19. Defendants therefore request the entry of an order precluding Plaintiff Timothy Dunham from seeking damages other than the loss of his wife's companionship, consortium and society during the short time frame in which she undelWent and recovered from the hysterectomy. 3 \05 _A \LIAB\MDPIP A \LLPG\2 I 9042\JLKA W ALEC\OI012\00144 . ~ "jfI 20. The remaining damages claimed include that Plaintiff Kimberly Dunham has sustained a loss of life's pleasures, and has incurred pain, suffering, and humiliation caused by her inability to bear children of her own. Amended Complaint, Paragraphs 45, 46, and 49, respectively. 21. Under Pennsylvania law, it is well established that there can be no recovery by parents for the loss of the aid, comfort and society of children. 22. Further, Plaintiffs have produced no expert opinion evidence tending to establish the Plaintiff Kimberly Dunham was capable of conceiving and bearing children. Any such finding would be the result of pure speculation by the jury, an activity that is not permitted under the well- established law of this Commonwealth. 23. The Defendants therefore respectfully request the entry of an order precluding the Plaintiffs from introducing any evidence or seeking to recover any damages related to Plaintiff Kimberly Dunham's inability to bear children of her own, whether termed as a part of life's pleasures or othelWise. Defendants specifically seek the entry of an order precluding damages related to an inability to bear children of her own as alleged in Paragraph 49 of the Amended Complaint. Respectfully submitted, MARSHALL DENNE HEY WARNER COLEMAN & GOGGIN DATE::::J~ C(~{)~ BY: Michael D. Pipa, E I.D. No. 53624 4200 Crums Mill Road Harrisburg, PAl 7112 (717) 651-3500 4 \05 _A \LIAB\MDPIP A \LLPG\2I 9042\JLKA W ALEC\Ol 01 2\00144 , ~ ~ -. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Motion in Limine has been served upon the following known counsel of record this 6th day of June, 2006, by: X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Hand Delivery Overnight Mail Fax Transmission X Electronic Mail at the following addressees) and/or number(s): Neil J. Rovner, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, P A 17110-1708 Email: nrovner@angino-rovner.com Attorney for Plaintiff MARSHALL, DENNE HEY, WARNER, COLEMAN & GOGGIN By: ~~umE Attorney for Defendant(s), Sambhu N. Kundu, M.D. and Central Pennsylvania Obstetrics-Gynecology, Inc. 5 \05 _A\LIAB\MDPIP A \LLPG\219042\JLKA W ALEC\01012\OOl44 f/} o c:: , .. , . r-..~ c..:> C-...:J C:..""'-" o ." ::::1 .i,_ -n III i= rn '::) L f:::_~_ 'I (..,.. c- I -.I -cJ ~..,rJ 1-'~1 ',' he1 :;...~ :iJ -< N c- .. 1_- ANGINO & ROVNER, P.C. Neil J. Rovner, Esquire Attorney ID#: 22108 4503 North Front Street Harrisburg, P A 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: nrovner@angino-rovner.com KIMBERLY DUNHAM and TIMOTHY DtnNa1~,herhusband Plaintiffs v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MEDICAL MALPRACTICE ACTION S~BHU N. KUNDU, M.D. and NO.05-2412 - Civil Term CENTRAL PENNSYLVAN~ OBSTETRICS - GYNECOLOGY, INC. JURY TRIAL DEMANDED Defendants PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned case satisfied, settled and discontinued. Date: If S{O ~ 345077 Respectfully submitted, ANGINO & ROVNER, P.C. .L CERTIFICATE OF SERVICE I, Megan Moll, an employee of the law firm of Angino & Rovner, P.c., do hereby certify that I am this day serving a true and correct copy of the foregoing upon all counsel of record via postage prepaid first class United States mail addressed as follows: Timothy 1. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 Counsel for Defendants, Sambhu N Kundu, MD., and Central Pennsylvania Obstetrics- Gynecology, Inc. ~&i-n nl~ Dated: If .5/0'1- 345077 o c ~,.~ ri mn --.P .~t'-', ~r~,' is s; ~ -< t...:I = c::> ~ ~ > % I 0) ~ ~,:D l'lt::n ~6 =-r:'" r::) ::n zO om -:::.t ~ -0 :::J: w .. o 0"\