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HomeMy WebLinkAbout05-5138IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. j l3W c, ,, P 2005- Civil Action - (X) Law ( ) Equity DALE SMEAD and SUSAN H. SMEAD Plaintiffs :CENTRAL PA MRI, INC. :d/b/a MAGNETIC IMAGING CENTER, Defendant MEDICAL MALPRACTICE JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to (x )Attorney ( )Sheriff A," April L. Strang-Kutay, Esquire Signat e of Atto ey Goldberg Katzman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Supreme Court ID No. 46728 (717) 234-4161 Name/Address/Telephone No. of Attorney Date: Lyc WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HASH VE COMMENCED AN ACTION AGAINST YOU. Prot onota Date: By Deputy ( ) Check here if reverse is issued for additional information 126900.1 _Y Cl c ? till DALE SMEAD and SUSAN H. SMEAD Plaintiffs V. CENTRAL PA MRI, INC. d/b/a MAGNETIC IMAGING CENTER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 5138 Civil 2005 MEDICAL MALPRACTICE JURY TRIAL DEMANDED ACCEPTANCE OF SERVICE I, Randolph G. Zacour, hereby accept service of the Writ of Summons filed on upon Central PA MRI, Inc. d/b/a Magnetic Imaging Center, Defendants in the above-referenced matter. Date: , 2005 ?..> C: t1 S,a _ - :? l ? ?. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DALE SMEAD and SUSAN H. SMEAD Plaintiffs vs. No. 5138 Civil 2005 CENTRAL PA MRI, INC., Civil Action - Law d/b/a MAGNETIC IMAGING CENTER, Defendant MEDICAL MALPRACTICE JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 or 1-800-990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O S1 NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 or 1-800-990-9108 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DALE SMEAD and SUSAN H. SMEAD Plaintiffs vs. CENTRAL PA MRI, INC., d/b/a MAGNETIC IMAGING CENTER, Defendant No. 5138 Civil 2005 Civil Action - Law MEDICAL MALPRACTICE JURY TRIAL DEMANDED COMPLAINT Now comes the Plaintiffs, Dale Smead and his wife, Susan H. Smead, by and through their attorneys, Goldberg Katzman, P.C., who respectfully represent as follows: PARTIES TO THE CAUSE OF ACTION 1 2. Plaintiffs Dale and Susan Smead, husband and wife, are adult individuals who reside at 5 Lincoln Cove, East Berlin, Pennsylvania. Defendant Central PA MRI, Inc., d/b/a Magnetic Imaging Center, is a professional corporation organized and doing business in the Commonwealth of Pennsylvania and located at 4665 Trindle Road, Mechanicsburg, PA 17050. STATEMENT OF FACTS 3 On or about October 5, 2003, Plaintiff Dale Smead, underwent MR imaging at the Central PA MRI Center, located on Trindle Road, Mechanicsburg, PA. 4. That during the course of the imaging procedure, Plaintiff was not given ear plugs to protect his hearing from the repeated loud sounds associated with this technique. During the conduct of the test, Plaintiff complained to the technician about the loud noise, and was at that point advised that the test was nearly complete; however the testing and the noise continued for a considerable period after that conversation. 6. That as a result of this unprotected exposure to the repeated noises which occur during this imaging technique, Plaintiff experienced severe ringing in his ears which continued at the conclusion of the test. 7. That Plaintiff continued to experience severe ringing in his ears which persisted, as well as dimunition in his hearing. 8. That Plaintiff's diminished hearing gradually improved somewhat, but that the ringing or tinnitus persisted, provoking a January 2004 audiogram test which revealed a bilateral high frequency loss associated with noise-induced hearing loss. 9. That Plaintiff has experienced ongoing tinnitus and hearing losses in both ears as a result of his unprotected exposure to loud noise during the October 2003 MR imaging. The persistent tinnitus has been severe, and life-disrupting to the extent that Plaintiff has sought evaluation at a speciality center in Portland, Oregon. COUNTI DALE SMEAD VS. CENTRAL PA MRI. INC., d/b/a MAGNETIC IMAGING CENTER NEGLIGENCE 10. The averments contained in paragraphs 1 - 9 are hereby incorporated by reference. 2 11. At all times relevant to the subject matter of this Complaint, Plaintiff Dale Smead was a patient at the Central PA MRI, Inc., receiving evaluation based on their specialty of magnetic imaging services. 12. That the Defendant and their operators/technicians at Central PA MRI, Inc., were negligent in the treatment and evaluation of the Plaintiff in that: a. Operators/technicians who administered the magnetic imaging study failed to provide the Plaintiff with ear plugs to protect his hearing during the conduct of the test; and b. Operators/technicians who conducted the magnetic imaging study failed to interrupt the test to provide hearing protection, even after Plaintiff's complaints about the severity of the noise levels. 13. That as a result of the negligent conduct described in the preceding paragraph, Plaintiff was exposed to extreme noise levels over an extended period of time, with increased risks of damage to his hearing and auditory function. 14. That as a result of the negligent conduct described in the preceding paragraph, Plaintiff suffered unnecessary and preventable hearing and auditory damage following the October 2003 MRI study. 15. That as a result of the negligent conduct described in the preceding paragraph, Plaintiff suffers ongoing and unrelieved tinnitus. 16. That as a result of the negligent conduct as described above, Plaintiff has been caused to incur additional medical expenses and may incur future medical expenses in relation to 3 continued treatment for complications associated with his ongoing tinnitus and reduced hearing, and the complications which have ensued. 17. That as a result of the negligent conduct as described above, Plaintiff has been exposed to potential dimunition of earnings in the future secondary to his continued tinnitus. 18. That as a result of the negligent conduct as described above, Plaintiff has been caused to sustain, and will in the future, continue to sustain pain, suffering, inconvenience, emotional distress, embarrassment and loss of life's pleasures. WHEREFORE, Plaintiff demands judgment against the Defendant Central PA MRI, Inc., d/b/a Magnetic Imaging Center, for a sum in excess of $35,000.00, together with interest and costs. COUNTI SUSAN SMEAD VS. CENTRAL PA MRI INC d/b/a MAGNETIC IMAGING CENTER LOSS OF CONSORTIUM 19. The averments contained in paragraphs 1 - 18 are hereby incorporated by reference. 20. That as a result of the conduct of the Defendants, described in paragraph 12 above, Susan Smead, wife of Dale Smead, has sustained damage as a result of loss of services, guidance, companionship, society, affection and consortium of her husband. WHEREFORE, Plaintiffs demand judgment against the Defendant Central PA MRI, Inc., d/b/a Magnetic Imaging Center, for a sum in excess of $35,000.00, together with interest and costs. Date: / 1 r1-1 8 GOLDBERG KATZMAN, P.C. .?•? / .K By April L trang-Kutay, e Supreme Court ID No. 46728 600-A Eden Road Lancaster, PA 17601 (717) 509-6141 5 VERIFICATION I, Dale Smead, hereby acknowledge that I am a Plaintiff in this action and that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Dale Smead Date: ?- ? 09 I 6 VERIFICATION I, Susan H. Smead, hereby acknowledge that I am a Plaintiff in this action and that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: r ? Susan H. Smead 7 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at W Lancaster, Pennsylvania, certified mail with first-class postage prepaid on the '2jD_ day of AmiiAIJA 2008, addressed to the following: Gena Gustin, Claims Manager CNA Health Pro P.O. Box 489 Owings, MD 20736 By: "_ 6 a Glenda J. Ebersole, Legal Secretary for April L. Strang-Kutay, Esquire ? rv l1 i Ca9 i 1 "t'! 13 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DALE SMEAD and SUSAN H. SMEAD vs. Plaintiffs No. 5138 Civil 2005 CENTRAL PA MRI, INC., Civil Action - Law d/b/a MAGNETIC IMAGING CENTER, Defendant MEDICAL MALPRACTICE JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO CENTRAL PA MRL INC., d/b/a MAGNETIC IMAGING CENTER I, April L. Strang-Kutay, Esquire, certify that: Dan 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 increased the risk of harm or was a cause in bringing about the harm; AND/OR ? the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: 0 8 ZA - ) April Strang- to , uire CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lancaster, Pennsylvania, certified mail with first-class postage prepaid on the Gmay of 2008, addressed to the following: Beverly Morgan CNA Health Pro P.O. Box 489 Owings, MD 20736 By. Glenda J. Ebersole, Legal Secretary for April L. Strang-Kutay, Esquire r..? ? ?' C3 rt`r c5 ?7 _Tj?;? ? l f°ai?_ ? ' ?' ? ` ? C_' v y.. ?._ :C _ ? 3 . ` ? .? T+.,} -?