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HomeMy WebLinkAbout05-5511 ..'1 .../ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHERINE YINGLING AND DANA YINGLING, HER HUSBAND CIVil DIVISION Plaintiffs No: {l5 -..!Xi / / vs. DAVID CALCAGNO, M.D. HOLY SPIRIT HOSPITAl"AND HOLY SPIRIT HEALTH SYSTEM, AND : HEAL THSOUTH OF MECHANICSBURG, INC.~ AND HEAL THSOUTH REHABILITATION OF MECHANICSBURG ~ ACUTE REHAB HOSPITAl/ Defendants PRAECIPE FOR A WRIT OF SUMMONS Filed on behalf of: PLAINTIFFS Counsel of Record for this party: Edmund J. Berger Attorney I. D. #53407 Berger law Firm, P.C. 2104 Market Street Camp Hill, PA 17011 (717) 920-8900 (Phone) (717) 920-8901 (Fax) JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHERINE YINGLING AND DANA YINGLING, HER HUSBAND CIVil DIVISION Plaintiffs No: 0'5-- j'511 vs. DAVID CALCAGNO, M.D., HOLY SPIRIT HOSPITAL AND HOLY SPIRIT HEALTH SYSTEM, AND HEAL THSOUTH OF MECHANICSBURG, INC. : AND HEAL THSOUTH REHABILITATION OF MECHANICSBURG - ACUTE REHAB HOSPITAL Defendants PRAECIPE FOR A WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons upon David Calcagno, M.D., Holy Spirit Hospital and Holy Spirit Health System, and Healthsouth of Mechanicsburg, Inc. and Healthsouth Rehabilitation of Mechanicsburg - Acute Rehab Hospital. Date: October 21,2005 (--..tf].... ~~ ~ / i .~ ...... / U ,. V// Edmund J. Berger.. <----=-S:::; Attorney I. D. #53407 Berger law Firm, P.C. 21 04 Market Street Camp Hill, PA 17011 (717) 920-8900 (Phone) (717) 920-8901 (Fax) 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHERINE YINGLING AND DANA YINGLING, HER HUSBAND CIVIL DIVISION Plaintiffs No: {:J5-!/S"/ I vs. DAVID CALCAGNO, M.D., HOLY SPIRIT HOSPITAL AND HOLY SPIRIT HEALTH SYSTEM, AND HEAL THSOUTH OF MECHANICSBURG, INC. : AND HEAL THSOUTH REHABILITATION OF MECHANICSBURG - ACUTE REHAB HOSPITAL Defendants WRIT OF SUMMONS TO: David Calcagno, M.D., Holy Spirit Hospital and Holy Spirit Health System, and Healthsouth of Mechancisburg, Inc. and Healthsouth Rehabilitation of Mechanicsburg - Acute Rehab Hospital. You are hereby notified that Kathryn Yingling and Dana Yingling, her husband, have commenced an action against you. Date: October 21, 2005 Curt Long, Prothonotary By: . Berger Law Firm, P.C. Attorney for Plaintiff: Attorney I D #53407 21 04 Market St. Camp Hill, PA 17011 Addresses David Calcagno, M.D. 800 Poplar Church Road Camp Hill, PA 17011 Holy Spirit Hospital Holy Spirit Health System 503 N. 21 st Street Camp Hill, PA 17011 Healthsouth of Mechanicsburg, Inc. Healthsouth Rehabilitation of Mechanicsburg - Acute Rehab Hospital c/o CT Corporation System 1515 Market Street Suite 1210 Philadelphia, PA 19102 ~. ~~..--o ~.""" () r--..:;::::r-" . . ~ ~ =it- ~ Co ""-. D -c:. _ lu 8 p-.() ~~ ~ vJ ~, ~ re 7'J f'_) L ~-1 I') --'!0 ," (:~7) t' ,- ,-' , Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KATHERINE YINGLING AND DANA YINGLING, her husband v. NO. 05-5511 CIVIL DAVID CALCAGNO, M.D. HOLY SPIRIT HOSPITAL AND HOLY SPIRIT HEALTH SYSTEM, AND HEAL THSOUTH OF MECHANICSBURG, INC. AND HEALTHSOUTH REHABILITATION OF MECHANICSBURG - ACUTE REHAB HOSPITAL. MEDICAL MALPRACTICE JURY TRIAL DEMANDED Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Wilbur McCoy Otto on behalf of Defendants, Holy Spirit Hospital and Holy Spirit Health System with respect to the above captioned matter. Respectfully submitted. DICKIE, MCCAMEY & CHILCOTE, P.c. Date: November 7.2005 By: Wilb cCoy Otto. Esquire Supreme Court. I.D. #01524 Two PPG Place, Suite 400 Pittsburgh, PA 15222 Phone: (412) 281-7272 df( Counsel to Defendants Holy Spirit Hospital o ~:~ '" = = CJ> """ C;! o .-q --; -:r::-n n1r= -1E; I "j ~.~~: (-) )1"11 -.-f :~ a " =:,;;;: N o _i , , . 105_ A ILlABI TJMILLPG\203918VMFI08041 \50000 KATHERINE YINGLING and DANA YINGLING, Her Husband, Plaintiffs v. DAVID CALCAGNO, M.D., HOLY SPIRIT HOSPITAL AND HOLY SPIRIT HEALTH SYSTEM, and HEALTHSOUTH OF MECHANICSBURG,: INC. AND HEALTHSOUTH REHABILITATION OF MECHANICSBURG - ACUTE REHAB HOSPITAL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5511 CIVIL ACTION - LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of the Defendants, HealthSouth of Mechanicsburg, Inc. and HealthSouth Rehabilitation of Mechanicsburg - Acute Rehab Hospital, only, with respect to the above-referenced matter. DATE: III !:SjJ5 Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN fA BY: TIMOT Y J. ON, ESQUIRE LD. No. 52918 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3505 Attorney for Defendants. HealthSouth of Mechanicsburg, Inc. and HealthSouth Rehabilitation Hospital of Mechanicsburg - Acute Rehab Hospital . KATHERINE YINGLING and DANA YINGLING, Her Husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5511 DAVID CALCAGNO, M.D., HOLY SPIRIT HOSPITAL AND HOLY SPIRIT HEALTH SYSTEM, and HEALTHSOUTH OF MECHANICSBURG,: INC. AND HEALTHSOUTH REHABILITATION OF MECHANICSBURG - ACUTE REHAB HOSPITAL, CNIL ACTION - LAW Defendants CERTIFICATE OF SERVICE I, Joanne M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do .~ hereby certify that on this \S"Y day of November 2005, served a copy ofthe foregoing Entry of Appearance via First Class United States mail, postage prepaid as follows: Edmund J. Berger, Esquire Berger Law Firm, P.C. 2104 Market Street Camp Hill, P A 17011 Attorney for Plaintiffs David Calcagno, M.D. 800 Poplar Church Road Camp Hill, P A 17011 Thomas Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass Suite 205 Camp Hill, PA 17011 Attorney for Defendants, Holy Spirit Hospital and Holy Spirit Health System '" ~h'c \\\ ~'" oanne M. Parr C) (- :",...,) => c.=:::l <:,J' C) o ~n ~?i (:'J ',..' o. c) -:.\ :J.:: -'~ (...') o KATHERINE YINGLING and DANA YINGLING, Her Husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5511 DAVID CALCAGNO, M.D., HOLY SPIRIT HOSPITAL AND HOLY SPIRIT HEALTH SYSTEM, and HEALTHSOUTH OF MECHANICSBURG,: INe. AND HEALTHSOUTH REHABILITATION OF MECHANICSBURG - ACUTE REHAB HOSPITAL, CIVIL ACTION - LAW Defendants PRAECIPE FOR RULE TO FILE A COMPLAINT TO: PROTHONOTARY Please enter the accompanying Rule upon Plaintiffs for a Complaint in the above- captioned matter. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: OGC. 7, l.wS BY: TIMO HY J c 100 Pine Street - P.O. Box 803 Harrisburg, PAl 71 08-0803 LD.52918 (717) 232-9323 Attorney for Dejfmdants, HealthSouth of Mechanicsburg, Inc. and HealthSouth Rehabilitation Hospital of Mechanicsburg - Acute Rehab Hospital KATHERINE YINGLING and DANA YINGLING, Her Husband, Plaintiffs v. DAVID CALCAGNO, M.D., HOLY SPIRIT HOSPITAL AND HOLY SPIRIT HEALTH SYSTEM, and HEAL THSOUTH OF MECHANICSBURG,: INC. AND HEALTHSOUTH REHABILIT A TION OF MECHANICSBURG - ACUTE REHAB HOSPlT AL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5511 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Jeannie 1. Kawalec, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 7th day of December 2005, served a copy of the foregoing documents via First Class United States mail, postage prepaid as follows: Edmund J. Berger, Esquire Berger Law Firm, P.C. 2104 Market Street Camp Hill, PA 17011 Attorney for Plaintiffs Thomas Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Can1p Hill Bypass Suite 205 Camp Hill, P A 17011 Attorney for Defendants, Holy Spirit Hospital and Holy Spirit Health System David Calcagno, MD. 800 Poplar Church Road Camp Hill, PA l70ll r-::'. <",.\ c-) ~..t'; '---.; \ 0) ,.) - c.;; KATHERINE YINGLING and DANA YINGLING, Her Husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5511 DAVID CALCAGNO, M.D., HOLY SPIRIT HOSPITAL AND HOLY SPIRIT HEALTH SYSTEM, and HEALTH SOUTH OF MECHANICSBURG.: INC. AND HEALTHSOUTH REHABILIT A TION OF MECHANICS BURG - ACUTE REHAB HOSPITAL, CIVIL ACTION - LAW Defendants RULE TO: PLAINTIFF(S) Please file your Complaint in the above-captioned matter within twenty (20) days or suffer a judgment of non pros. DATE: UEc?/ :.2.CSS ---V'Y[ P 105 _AILlAB\TJMISLPGI205968\JNKI08041 100115 (" ~' , (" ,..,., c..:; KEVIN H. WRIGHT & ASSOCIATES BY: Kevin H. Wright, Esquire IDENTIFICATION NO. 25435 446 North Lane- Box 812 Conshohocken, PA 19428 (610)940-2300 ATTORNEY FOR: Defendant, David Calcagno, M.D. KATHERINE YINGLING and DANA YINGLING, her husband COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DAVID CALCAGNO, M.D., HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM, HEALTHSOUTH OF MECHANICSBURG, INC. and HEALTHSOUTH REHABILITATION OF MECHANICSBURG - ACUTE REHAB HOSPITAL CIVIL ACTION LAW MEDICAL MALPRACTICE NO.: 05-5511 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance for the Defendant, David Calcagno, M.D., in the above-captioned matter. KEVIN H. WRIGHT & 1',SSOCIATES BY: f(PIi/-Ur) -I! MI'r.F Kevin H. Wright DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Defendant, David Calcagno, M.D., hereby demands a jury trial in the above captioned matter, said jury to consist of twelve (12) jurors. KEVIN H. WRIGHT & l',SSOCIATES BY: K{{~1~ wr~'hti JUfY KEVIN H. WRIGHT & ASSOCIATES BY: Kevin H. Wright, Esquire IDENTIFICATION NO. 25435 446 North Lane- Box 812 Conshohocken, P A 19428 (610)940-2300 ATTORNEY FOR: Defendant, David Calcagno, M.D. KATHERINE YINGLING and DANA YINGLING, her husband COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DAVID CALCAGNO, M.D., HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM, HEALTH SOUTH OF MECHANICSBURG, INC. and HEALTHSOUTH REHABILITATION OF MECHANICSBURG - ACUTE REHAB HOSPITAL CIVIL ACTION LAW MEDICAL MALPRACTICE NO.: 05-5';11 PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly enter a Rule upon Plaintiff to file a Complaint within twenty (20) days or suffer a Judgment of Non-Pros. KEVIN H. WRIGHT & ASSOCIATES kMJVY) /J. /;J//lr Kevin H. l~right Attorney :Eor Defen ant AND NOW, this RULE TO FILE COMPLAINT I ~ay 0:E 1)8:... 2005, a Rule is entered upon Plaintiff to file a Complaint within twenty (20) days or suffer Judgment 0:E Non-Pros. cZh~ Pr6thon~ r ! (1(.'; Pre ~t no ~o r; /v:' -I? or ("Ii -.. DICKIE, MCCAMEY & CHILCOTE, P.c. BY, FRANCIS E. MARSHALL, JR., ESQUIRE ATTORNEY !D. NO. 27594 BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY !D. NO. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717) 731-4800 (Tel) (717) 731-4803 (Fax) ATTORNEY FOR DEFENDANTS HOLY SPIRIT HOSPITAL and HOLY SPIRIT HEAL TH SYSTEM KATHERINE YINGLING and DANA YINGLING, Her Hnsband, Plaintiffs : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v : NO. 05..5511 DAVID CALCAGNO, M.D., HOLY SPIRIT HOSPITAL AND HOLY SPIRIT HEALTH SYSTEM, AND HEAL THSOUTH OF MECHANICSBURG, INC. AND HEAL THSOUTH REHABILITATION OF MECHANICSBURG - ACUTE REHAB HOSPITAL, CIVIL ACTION - : MEDICAL PROFESSIONAL LIABILITY ACTION Defendants : JURY TRIAL DEMANDED ENTRY OF APPEARANCE Please enter the appearance of Francis E. Marshall, Jr., Esquire and Thomas M. Chairs, Esquire on behalf of Defendants, Holy Spirit Hospital and Holy Spirit Health System with respect to the above-captioned matter. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. /:-, .., ,/ Date: January 5, 2006 By: Franc . Marshall,"Ji., EsqUlre Supreme Court I. D. #27594 Thomas M. Chairs, Esquire Supreme Court 1.0. #78565 ]200 Camp Hill Bypass, Suite 205 CampHill,PA ]701]-3700 (717) 731-4800 Attorney for Defendants, Holy Spirit Hospital and Holy Spirit Health System CERTIFICATE OF SERVICE AND NOW, this 5th day of January, 2006, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing document upon all counsel of record or parties involved by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Edmund J. Berger, Esquire Berger Law Firm, P.C. 2104 Market Street Camp Hill, PA 17011 (Counsel for Plaintiffs) Kevin H. Wright, Esquire KEVIN H. WRIGHT & ASSOCIATES 446 North Lane Box 812 Conshohocken, PA 19428 (Counsel for David Calcagno, M.D.) Timothy J. McMahon, Esquire MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN 4200 Crums Mill Road SuiteB Harrisburg, PA 17112 (Counsel for HealthSouth of Mechanicsburg, Inc. and HealthSouth Rehabilitation Hospital of Mechanicsburg - Acute Rehab Hospital) Th IC. , , , ;;;'1 , ..--:) 'l'''', . . ," ~- f".) (j l- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHERINE YINGLING AND DANA YINGLING, HER HUSBAND CIVil DIVISION Plaintiffs vs. No: 05-5511 DAVID CALCAGNO, M.D. HOLY SPIRIT HOSPITAL AND HOLY SPIRIT HEALTH SYSTEM, AND HEAL THSOUTH OF MECHANICSBURG, INC. : AND HEALTH SOUTH REHABILITATION OF MECHANICS BURG - ACUTE REHAB HOSPITAL Defendants MEDICAL MALPRACTICE COMPLAINT IN A CIVIL ACTION Filed on behalf of: PLAINTIFF Counsel of Record for this party: Edmund J. Berger Attorney I.D. #53407 Berger Law Firm, P.C. 2104 Market Street Camp Hill, PA 17011 (717) 920-8900 (Phone) (717) 920-8901 (Fax) JURY TRIAL DEMANDED 1. KATHRYN YINGLING and DANA YINGLING, Plaintiffs herein, reside at 7008 Wertzville Road, Mechanicsburg, PA 17050. Unless otherwise indicated, Plaintiff as used in this Complaint, refers to Plaintiff Kathryn Yingling. 2. DAVID M. CALCAGNO, M.D., at the time of the matters complained about herein, was a licensed physician with a business office at 800 Poplar Church Road, Camp Hill, PA 17011. Plaintiff is asserting a professional liability claim against this Defendant. 3. HOLY SPIRIT HOSPITAL AND HOLY SPIRIT HEALTH SYSTEM (hereinafter "Defendant Holy Spirit"), Defendant herein, is an entity maintaining a place of business at 503 North 21st Street, Camp Hill, PA 17011. At all times relevant to the matters set forth in this Complaint, this Defendant owned, operated, possessed and maintained a certain general hospital known as "Holy Spirit Hospital" located in Cumberland County. Plaintiff is asserting a professional liability claim against this Defendant. 4. HEAL THSOUTH OF MECHANICSBURG, INC. AND HEAL THSOUTH REHABILITATION OF MECHANICSBURG - ACUTE REHAB HOSPITAL (hereinafter "Defendant Healthsouth") are entities maintaining a place of business at 175 Lancaster Blvd., Mechanicsburg, PA 17055. At all times relevant to the matters set forth in this Complaint, these Defendants owned, operated, possessed and maintained a rehabilitation hospital known as "Healthsouth Rehabilitation of Mechanicsburg" located in Cumberland County. Plaintiff is asserting a professional liability claim against this Defendant. 5. At all times relevant to the matters set forth in this Complaint, the health care and other personnel who participated in the care and treatment of Plaintiff, 1 including Defendant Calcagno, were the agents, ostensible agents, servants and/or employees- of Defendant Holy Spirit or Defendant Healthsouth and were acting while in and upon the business of said Defendants and while in the course and scope of their employment by said Defendants. To the extent that other licensed professionals not specifically identified in Plaintiff medical records participated in the care or treatment of Plaintiff on behalf of Defendants Holy Spirit or Healthsouth, Plaintiff is asserting a professional liability claim against such unknown and unidentified licensed professionals. 6. On September 30, 2003, shortly after 6:00pm, Plaintiff Kathryn Yingling fell on the kitchen floor at her residence at 7008 Wertzville Road and injured her right leg. Unable to walk and at home alone, Plaintiff crawled to the closest telephone and called 911. 7. At approximately 6:13pm, Silver Spring Ambulance & Rescue Association was contacted by 911 service and dispatched an ambulance to Plaintiffs residence. According to the EMS Report, Plaintiff indicated her right leg was feeling numb and she complained of significant pain but she was able to wiggle her toes and had a good pedal pulse. EMS splinted Plaintiffs leg and applied ice packs, and after assistance from the fire department arrived, she was moved to the ambulance and transported to Defendant Holy Spirit. EMS reported that Plaintiff was stable upon arrival at Holy Spirit and care was transferred at approximately 7:10pm. 8. Upon being seen at triage at 7:10pm, Plaintiff complained of pain in her right knee and tibialfibula area. Plaintiff reported pain of 10 on a scale of 1 to 10 and indicated her right leg was "numb" and was burning. Radial pulses were noted in both legs. 2 9. Following triage at 7:10pm, Plaintiff waited in the Emergency Room until after 8pm when she was seen by the admitting physician, probably Dr. Laurence H. Paul. Dr. Paul determined that Plaintiff had a "large deformity at the knee on the right." Emergency Room Report, page 1. He stated "There feels to be at least a fracture, possible concomitant dislocation to the knee." !.!i. Dr. Paul also reported "Sensory and motor function normal." Id. However, upon examination she was found to "have a change in color of right leg compared to left leg and no pedal pulses palpated as well as by Doppler." !.!i. Dr. Paul felt that "the knee dislocation may be coming from concomitant arterial compromise." Id. For that reason, Dr. Paul stated that "appropriate intervention with the appropriate attending between the orthopedist and the cardiovascualar surgeon was obtained." Id. Dr. Paul's diagnosis was "Right knee dislocation" and "possible arterial insufficiency related to that dislocation." Id. at 1-2. 10. At approximately 8:15pm in the evening, Plaintiff was given IV Demerol for pain. Physician Order Sheet. 11. Pursuant to his diagnosis, Dr. Paul directed that an orthopedist and a cardiovascular surgeon be paged and Dr. Steve Wolf, an orthopedist and another doctor were paged at 8:40pm and 8:55pm respectively. Physician Order Sheet. 12. Subsequently, Plaintiff was examined by Dr. Wolf. Dr. Wolf noted "no pulse in foot, bluish, cool, neuro intact." Dr. Wolf Consultation Report. 13. X-Rays revealed anterior dislocation of the right knee but no obvious fractures. Dr. Wolf Consultation Report. 14. Subsequent to X-Rays, Dr. Wolf performed a closed reduction of the dislocation under IV sedation at approximately 9:40pm. Dr. Wolf Consultation Report. Post-reduction X rays showed satisfactory alignment with no evident fracture. !.!i. Dr. 3 Wolf then discussed the case with Defendant Calcagno, who ordered that an arteriorgram be performed. Id. Dr. Wolf then placed a knee immbolizer on Plaintiff's leg. 15. Plaintiff was taken for the arteriorgram at approximately 10:00pm. At that time, Plaintiff's foot was cool and there was no pulse. Dr. Wolf Consultation Report. 16. At approximately 10:50pm, the arteriorgram was begun by Dr. Brian Mcinroy, and it was concluded at approximately 11 :40pm. Dr. Mcinroy found an abrupt right popliteal artery occlusion with evidence of emboli to the right tibioperoneal trunk and right peroneal artery. Final Report of Pelvic Arteriorgram and Right Lower Extremity Arteriorgram. 17. Following the arteriorgram, Plaintiff was sent to the operating room for surgery. Anesthesia was begun on October 1,2003 at approximately 12:20am and surgery began approximately 15 minutes thereafter at 12:35am. Surgery ended at 4: 1 Oam. 18. Defendant Calcagno performed this surgery in which a portion of the saphenous vein was taken from the left leg and grafted into the popliteal artery in the right leg. Operative Report. This was done after the damaged portion of the popliteal artery, approximately 10 em, had been removed and a thrombectomy of the popliteal artery, tibial peroneal trunk, and peroneal artery completed. lit. 19. Following the graft procedure, good flow was determined to the leg with "good Doppler signals present in the posterior tibial and palpable pedes pulse." Operative Report. 20. Completion angiogram was then performed in the vein graft "which showed the distal anastomosis to look good" and "the popliteal artery to be without 4 thrombus." Operative Report. The completion angiogram also revealed that the "anterior tibial artery, tibial and peroneal trunk, posterior tibial arteries were widely patent as appeared to be the peroneal also." Id. Dr. Calcagno observed good blood flow "into the foot on ankle and foot films." Operative Report. 21. Although blood flow was returned, the report provides no indication that the completion angiogram was used to visualize the proximal anastomosis. 22. Following surgery in the morning of October 1, 2003, blood flow and sensation in Plaintiffs right leg and foot were noted as follows: At 6:00am, the right leg and foot were warm with positive weak palpable pulses and strong Doppler pulses; Plaintiff complained of numbness and tingling in her right foot. Patient Care Notes. At 8:00am, she was noted to have positive pulses in feet with Doppler and complained of "tingling in my right foot." & At 9:30am, positive pulses were noted to be obtainable. & At 11 :30am, positive pulses were obtainable with the Doppler in feet. Plaintiff was noted to still be complaining of "numbness" in right foot." & She was noted by Dr. Wolf at 12:25pm on 10-1-03 to have numbness below the knee on her right leg. However, she was able to wiggle her toes and dorsiflex her ankle. Her foot was warm and, although Dr. Wolf couldn't palpate her distal pulse, it was present with the use of a Doppler (ultrasound). Progress Notes. At 2:00pm, positive pulses were obtainable with the Doppler. Patient Care Notes. At 3:15pm, Plaintiff was noted to be neurovascularly intact. & This same notation is made at 8:20pm and again at 10:00pm on October 1, 2003. & Dr. Calcagno's discharge notes indicate that on the evening of October 1, Plaintiff had palpable dorsalis pedis and posterior tibial pulse on the right foot. She was also noted to be moving the right toes. Sensation of the right foot was noted to be "mildly diminished but she can still feel me touching her lightly on the foot." 5 23. Plaintiff's condition was followed thereafter on October 2, 2003. The right pedal pulse is noted to be weaker than the left at 12:00am. She is also again noted to be neurovascularly intact at 2:00am and 6:00am 24. At 3:00pm, Plaintiff was noted to have palpable pulses bilaterally. Although the right foot had some numbness and tingling, Plaintiff was able to tell when each toe was squeezed. 25. At approximately 5:30pm, Plaintiff was discharged by ambulance from Defendant Holy Spirit to Hershey Medical Center where she was to receive orthopedic treatment for her right knee. 26. At Hershey Medical Center (HMC), Plaintiff was noted to be neurovascularly intact with radial and femoral pulses bilaterally. Consultation Report of Brynn Wolff, M.D. Sensation and motor function were noted to be intact. 27. On October 3, 2003, Dr. Scott Lynch performed an external fixation of the right knee in order to stabilize the knee and protect the vascular surgery performed by Defendant Calcagno. 28. Postoperatively Plaintiff had to be transfused because of acute blood loss anemia. A duplex (ultrasound) performed post-operatively indicated some hematoma drainage from her posterior knee wound and revealed that her graft was thin. HMC Discharge Summary. The Plaintiff had three additional transfusions while at HMC. 29. On October 8, 2003, Plaintiff was discharged to Defendant Healthsouth for rehabilitation. At Healthsouth, Plaintiff was begun on a comprehensive program of physical therapy and occupational therapy for her injuries. She was followed there by Defendant Calcagno for vascular surgery. 6 30. On October 15, 2003, Plaintiff had a large amount of bleeding - approximately 300 ccs - but no transfusion was necessary. According to the records, Defendant Calcagno was informed of this bleeding episode and contacted to see if he wanted to see Plaintiff. 31. On October 17, 2003, Plaintiff had a venous Doppler which showed a possible pseudoaneurysm at the end of the graft. Again, Healthsouth records indicate that Dr. Calcagno's office was informed of these results and his office provided instructions not to give Heparin but to place Plaintiff on bed rest for several days. 32. On October 21,2003, upon Defendant Calcagno's instructions, Plaintiff had an arteriorgram to determine the source of the bleeding. The arteriogram was performed at Defendant Holy Spirit by Dr. Anand Jogannath and was completed at approximately 11 :50am. The arteriorgram determined that Plaintiff in fact had a pseudoaneurysm at the site of the proximal anastomosis that had been performed by Defendant Calcagno. This diagnosis was set forth in Dr. Jogannath's handwriting at 12 noon on October 21, 2003. 33. Following completion of the arteriogram, Plaintiff remained at Defendant Holy Spirit until approximately 6:30pm for post-surgical care and then was transported back to Defendant Healthsouth. 34. Plaintiff was discharged by Defendant Holy Spirit with instructions that she was "OK for physical therapy on 10/22/03" and "OK to restart Aspirin" on 1 0/23/03. 35. From the records available to Plaintiff, it is unclear when Defendant Holy Spirit notified the ordering physician, Defendant Calcagno, of the results of the arteriorgram, or if this was ever done. It is also unclear when Defendant Calcagno learned of the results of the arteriorgram of 10/21/2003. What is clear is that Defendant 7 Healthsouth received a facsimile from Defendant Holy Spirit at 8:30am on 10/23/03. Healthsouth Interdisciplnary Progress Notes. Defendant Healthsouth's records also reflect that this information was then faxed, at 10:00am, to Dr. Calcagno's office. Id. 36. At approximately 1 :30pm on October 23, 2003, Plaintiff was in physical therapy at Defendant Healthsouth. While at physical therapy, she began to bleed profusely from the popliteal incision in her right leg, sUbsequently determined to be at the site of the proximal anastomosis. 37. This profuse bleeding, on October 23,2003, led to Plaintiffs loss of consciousness and Plaintiff was emergently taken to Defendant Holy Spirit, where Dr. Calcagno again performed surgery. 38. During this second vascular surgery, upon information and belief, Plaintiffs peroneal nerve was severed, resulting in the permanent loss of nerve function to much of her right foot, ankle and a portion of her right leg, producing a severe foot drop accompanied by a medial rotation of the ankle. As summarized in the discharge summary from her 10-23-03 admission to Defendant Holy Spirit, "The patient did have evidence of perineal nerve injury with foot drop and no motor control of the foot or ankle." Discharge Summary of John Calaitges, M.D. 39. Alternatively, Plaintiffs foot drop was caused by a loss of blood flow and oxygen to the peroneal nerve. 40. Subsequently, Plaintiff underwent vascular, orthopedic and plastic surgery related to the injuries she sustained. These were performed during her admissions to Holy SpirifHospital from 10-23-03 to 12-12-03 and to Hershey Medical Center for 12- 11-03 to 12-31-03 and in March, April and July of 2004. Among these surgeries was a fusion of her ankle bones performed by Dr. Sizensky. 8 41. The proximate cause of Plaintiffs foot drop was the failure of Defendant's Calcagno, Holy Spirit and Healthsouth, working together in Plaintiffs care, to diagnose and treat Plaintiffs condition in a timely and appropriate manner, and the failure of Defendant's Holy Spirit and Healthsouth, to refrain from actions that hastened the deterioration of Plaintiffs condition. This negligence and carelessness is detailed in greater detail below in the individual counts of this Complaint. 42. In addition to the severe foot drop and medial rotation ofthe ankle, Plaintiff has had to have numerous surgeries, as indicated above, and significant additional tfeatment due to the need for surgical repair resulting from bursting of the pseudoaneurysm at the proximal anastomosis of the popliteal artery. Plaintiff developed infection as part of the need for this further surgical repair and was required to have numefOUS surgical repairs of the surrounding skin and tissue of her fight leg. FIRST COUNT (Kathryn Yingling, Plaintiff vs. Defendant David Calcagno, M.D.) PROFESSIONAL NEGLIGENCE 43. Paragraphs 1 through 42 ofthe Complaint are incorporated by fefefence as if set forth at length. 44. Defendant Calcagno and his agents, ostensible agents, servants, andlor employees were negligent and careless in some or all of the following particulars: a. In postponing Plaintiffs surgical cafe by ordering an arteriorgram prior to the perfofmance of surgery when blood flow to Plaintiffs right leg had already been disfupted for more than 3 hours; when Defendant knew or should have known that by the time surgery would begin, blood flow would have been disrupted for approximately 6 hours; and 9 when Defendant knew or should have known that by the time surgery was completed, blood flow would had been disfupted for approximately 10 hours; b. In performing the proximal anastomosis of the surgical repair of Plaintiffs popliteal artery incorrectly and incompletely; c. In failing to perform a completion arteriorgram on the proximal anastomosis of the surgical repair of Plaintiffs popliteal artery and in otherwise failing to ascertain the condition of the proximal anastomosis before completing surgery on October 1, 2003; d. In failing to provide adequate follow-up care by informing himself of patient's hospital course subsequent to his surgical care of October 1, 2003 so that he would fully understand the extent of the continuing bleeding problems Plaintiff was experiencing and the condition of the surgically repaired artery; e. In failing to ordef appropriate medical testing and results in a timely manner so that he could promptly evaluate and treat Plaintiffs deteriorating condition; f. In failing to order an arteriorgram be performed immediately after results from Healthsouth's Doppler ultrasound of October 17, 2003 showing a possible pseudoaneurysm had been delivered to him; g. In failing to recognize the emergent nature of Plaintiffs pseudoaneurysm and to take timely and appropriate actions to ascertain the diagnosis of this emefgent condition and to treat it accordingly; 10 h. In failing to ascertain in a timely fashion the results of the arteriorgram performed at Defendant Holy Spirit on October 21, 2003; i. In failing to give appropriate orders with respect to care and treatment of Plaintiff following the arteriorgram of October 21, 2003; j. In failing to give appropriate orders to reffain from Physical Therapy until the results of the arteriorgram had been ascertained and appropriate treatment for the pseudoaneurysm had been implemented; k. In severing the peroneal nerve during surgery on October 23, 2003; I. In failing to diagnose and treat Plaintiffs condition in a timely manner; m. In failing to recognize the potential risks of pseudoaneurysm and the importance of immediate evaluation and treatment; n. In failing to perform a proper and adequate differential diagnosis at various times during the course of Plaintiffs care and treatment at Defendant Healthsouth; o. In failing to cause Plaintiff to receive proper medications that would have been effective in treating Plaintiffs condition; p. In failing to properly examine and treat Plaintiff for potential pseudoaneurysm; q. In failing to refer Plaintiff in a timely fashion to the necessary medical specialists who would have diagnosed and treated Plaintiffs condition; r. In failing to recognize and treat Plaintiffs deteriorating condition in the face of obvious clinical signs and symptoms. s. In failing to have reasonable, diligent and propefly trained personnel on duty to recognize the emergent natufe of Plaintiffs condition and to 11 report Plaintiffs symptoms to Defendant or to take other appropriate actions if he was unavailable; t. In failing to properly supervise Defendants' agents, servants or employees in the diagnosis and treatment of Plaintiff; u. In causing Plaintiff to suffer nerve damage, severe foot drop, and medial rotation of the ankle; v. In failing to possess the degree of care and skill ordinarily exercised in similar cases by other physicians; w. In failing to exercise the requisite degree of care and skill; x. In failing to conform to the requisite standards of care under the circumstances. 45. As a direct and proximate result of Defendant Calcagno's negligent actions as detailed above, Plaintiffs surgical repair failed, a pseudoaneurysm developed, and Plaintiff lost nerve function in her right foot and lower leg and developed foot drop in her right foot, including claw toe deformities and a fixed equinovarus foot. 46. As a direct and proximate result of Defendant Calcagno's negligent actions as detailed above, Plaintiff lost significant use of her right foot and lower leg, resulting in her ongoing need to wear a brace on her right leg, and placing significant limitations on her mobility and activities. 47. As a direct and proximate result of Defendant Calcagno's negligent actions as detailed above, Plaintiff was forced to undergo numerous additional surgical procedures and medical treatment, including fusion of the bones of the ankle. 48. As a direct and proximate result of Defendant Calcagno's negligent actions as detailed above, Plaintiffs injuries have resulted in ongoing physical and 12 mental discomfort, anxiety, nervousness, embarrassment and humiliation to her great detriment and loss. 49. As a direct and proximate result of Defendant Calcagno's negligent actions as detailed above, Plaintiff has suffered scarring and disfigurement. 50. As a direct and proximate result of Defendant Calcagno's negligent actions as detailed above, the chronic nature of Plaintiffs discomfort and anxiety over her condition has impaired Plaintiffs sense of well-being and enjoyment of life. 51. As a direct and proximate result of Defendant Calcagno's negligence, Plaintiff has sustained a serious and permanent injury, for the treatment of which she will require ongoing care and treatment and will incur additional medical bills and expenses. WHEREFORE, Plaintiff Kathryn Yingling demands judgment against Defendant Calcagno jointly and severally with the other Defendants in an amount in excess of $35,000 exclusive of interest, costs, and delay damages, and demands a trial by jury. SECOND COUNT (Kathryn Yingling, Plaintiff vs. Defendant Holy Spirit) PROFESSIONAL NEGLIGENCE 52. Pafagraphs 1 through 51 of the Complaint are incorporated by reference as if set forth at length. 53. Defendant Holy Spirit and its agents, ostensible agents, servants, andlor employees wefe negligent and careless in some or all of the following particulars: a. In postponing Plaintiffs surgical cafe on September 30, 2003, by delays in evaluation and treatment in the emergency room; 13 b. In postponing Plaintiffs surgical care on September 30, 2003, by delays in paging necessary specialists to evaluate and treat Plaintiff; c. In postponing Plaintiffs surgical care on September 30,2003, through the performance of an arteriogram prior to surgery; d. In failing to perform a proper and adequate differential diagnosis at the time of triage on September 30, 2003 so that Plaintiff could be promptly and timely treated for her emergency medical condition; e. In failing to recognize and treat Plaintiffs deteriorating condition on September 30, 2003 in the face of obvious clinical signs and symptoms; f. In failing to have reasonable, diligent and properly trained personnel on duty on September 30, 2003, to recognize the emergency nature of Plaintiff's condition; g. In failing to bring the results of the arteriorgram of October 21, 2003 to the attention of Plaintiffs treating specialist, Defendant Calcagno, in a prompt and timely manner; h. In failing to bring the results of the arteriorgram of October 21, 2003 to the attention of Plaintiffs rehabilitation care providers, Defendant Healthsouth, in a prompt and timely manner; i. In providing instructions to Plaintiff and Plaintiffs health care providers which indicated that Plaintiff could resume physical therapy on October 22, 2003, following her arteriogram of October 21, 2003; 14 j. In failing to recognize the emergent nature of Plaintiffs pseudoaneurysm and to take timely and appropriate actions to treat it accordingly; k. In failing to give appropriate orders with respect to care and treatment of Plaintiff following the arteriorgram of October 21, 2003; I. In failing to give appropriate orders to refrain from Physical Therapy until appropriate treatment for the pseudoaneurysm had been implemented; m. In failing to recognize the potential risks of pseudoaneurysm and the importance of immediate evaluation and treatment; n. In failing to cause Plaintiff to receive proper medications, including heparin or other anticoagulants that would have been effective in tfeating Plaintiffs condition; o. In failing to properly treat Plaintiff for the pseudoaneurysm; p. In failing to refer Plaintiff in a timely fashion to the necessary medical specialists who would have treated Plaintiffs condition; q. In failing to have reasonable, diligent and properly trained personnel on duty to recognize the emergent nature of Plaintiffs pseudoaneurysm on October 21, 2003 and to institute an immediate plan of care and treatment, including immediately contacting Defendant Calcagno; r. In failing to properly supervise Defendant's agents, servants or employees in the diagnosis and treatment of Plaintiff; s. In causing Plaintiff to suffer nerve damage and resultant foot dfOp as a result of an untreated pseudoaneurysm; 15 t. In failing to possess the degree of care and skill ordinarily exercised in similar cases by other hospitals; u. In failing to exercise the requisite degree of care and skill; v. In failing to conform to the requisite standards of care under the circumstances. 54. As a direct and proximate result of Defendant Holy Spifit's negligent actions as detailed above, Plaintiffs surgical repair failed, a pseudoaneurysm developed, and Plaintiff lost nerve function in her right foot and lower leg and developed foot drop in her right foot, including claw toe deformities and a fixed equinovarus foot. 55. As a direct and proximate result of Defendant Holy Spirit's negligent actions as detailed above, Plaintiff lost significant use of her right foot, resulting in her ongoing need to wear a brace on her right leg, and placing significant limitations on her mobility and activities. 56. As a direct and proximate result of Defendant Holy Spirit's negligent actions as detailed above, Plaintiff was forced to undergo numerous additional surgical procedures and medical treatment, including fusion of the bones of the ankle. 57. As a direct and proximate result of Defendant Holy Spirit's negligent actions as detailed above, Plaintiffs injuries have resulted in ongoing physical and mental discomfort, anxiety, nervousness, embarrassment and humiliation to her great detriment and loss. 58. As a direct and proximate result of Defendant Calcagno's negligent actions as detailed above, Plaintiff has suffered scarring and disfigurement. 16 59. As a direct and proximate result of Defendant Holy Spirit's negligent actions as detailed above, the chronic nature of Plaintiffs discomfort and anxiety over her condition has impaired Plaintiffs sense of well-being and enjoyment of life. 60. As a direct and proximate result of Defendant Holy Spirit's negligence, Plaintiff has sustained a serious and permanent injury, for the treatment of which she will require ongoing care and treatment and will incur additional medical bills and expenses. WHEREFORE, Plaintiff Kathryn Yingling demands judgment against Defendant Holy Spirit jointly and severally with the other Defendants in an amount in excess of $35,000 exclusive of interest, costs, and delay damages, and demands a trial by jury. THIRD COUNT (Kathryn Yingling, Plaintiff vs. Defendant Healthsouth) PROFESSIONAL NEGLIGENCE 61. Paragraphs 1 through 60 of the Complaint afe incorporated by reference as if set forth at length. 62. Defendant Healthsouth and its agents, ostensible agents, servants, andlor employees were negligent and careless in some Of all of the following particulars: a. In pefmitting Plaintiff to participate in physical therapy when it had not yet received the results of an arteriogram being performed for a possible pseudoaneurysm; b. In failing to ascertain the results of the arteriorgram of October 21, 2003 as soon as that procedufe was completed; 17 c. In failing to bring the results of the arteriorgram of October 21, 2003 to the attention of Plaintiffs treating physicians, including Defendant Calcagno, in a prompt and timely manner; d. In failing to make Defendant Calcagno aware, on an ongoing basis, of the numerous bleeding episodes Defendant had experienced since coming to Defendant Healthsouth's facilitiy; e. In failing to recognize the emergent nature of Plaintiff's pseudoaneurysm and to take timely and appropriate actions to treat it accordingly; f. In failing to give appropriate orders with respect to care and treatment of Plaintiff following the arteriorgram of October 21, 2003; g. In failing to give appropriate orders to refrain from Physical Therapy until appropriate treatment for the pseudoaneurysm had been implemented; h. In failing to recognize the potential risks of pseudoaneurysm and the importance of immediate evaluation and treatment; i. In failing to cause Plaintiff to receive proper medications that would have been effective in treating Plaintiffs condition; j. In failing to properly treat Plaintiff for the pseudoaneurysm; k. In failing to refer Plaintiff in a timely fashion to the necessary medical specialists who would have treated Plaintiffs condition; I. In failing to have reasonable, diligent and propefly trained personnel on duty to recognize the emergent nature of Plaintiffs pseudoaneurysm 18 on October 21, 2003 and to institute an immediate plan of care and treatment, including immediately contacting Defendant Calcagno; m. In failing to properly supervise Defendant's agents, servants Of employees in follow-up of Plaintiffs emergent condition; n. In causing Plaintiff to suffer nerve damage and resultant foot drop as a result of an untreated pseudoaneurysm; o. In failing to possess the degree of care and skill ordinarily exercised in similar cases by other rehabilitation hospitals; p. In failing to exercise the requisite degree of cafe and skill; q. In failing to conform to the requisite standards of care under the circumstances. 63. As a direct and proximate result of Defendant Healthsouth's negligent actions as detailed above, Plaintiffs surgical repair failed, a pseudoaneurysm developed, and Plaintiff lost nerve function in her right foot and lower leg and developed foot drop in her right foot, including claw toe deformities and a fixed equinovarus foot. 64. As a direct and proximate result of Defendant Healthsouth's negligent actions as detailed above, Plaintiff lost significant use of her right foot, resulting in her ongoing need to wear a brace on her right leg, and placing significant limitations on her mobility and activities. 65. As a direct and proximate result of Defendant Healthsouth's negligent actions as detailed above, Plaintiff was forced to undergo numerous additional surgical pfocedures and medical treatment, including fusion of the bones of the ankle. 66. As a direct and proximate result of Defendant Healthsouth's negligent actions as detailed above, Plaintiffs injuries have resulted in ongoing physical and 19 mental discomfort, anxiety, nervousness, embarrassment and humiliation to her great detriment and loss. 67. As a direct and proximate result of Defendant Calcagno's negligent actions as detailed above, Plaintiff has suffered scarring and disfigurement. 68. As a difect and proximate result of Defendant Healthsouth's negligent actions as detailed above, the chronic nature of Plaintiffs discomfort and anxiety ovef her condition has impaired Plaintiffs sense of well-being and enjoyment of life. 69. As a direct and proximate result of Defendant Healthsouth's negligence, Plaintiff has sustained a serious and permanent injury, for the treatment of which she will require ongoing care and treatment and will incur additional medical bills and expenses. WHEREFORE, Plaintiff Kathryn Yingling demands judgment against Defendant Healthsouth jointly and severally with the other Defendants in an amount in excess of $35,000 exclusive of interest, costs, and delay damages, and demands a trial by jury. FOURTH COUNT (Dana Yingling, Plaintiff vs. David Calcagno, M.D., Holy Spirit Health System and Healthsouth of Mechanicsburg, Defendants) LOSS OF CONSORTIUM 70. Paragraphs 1 through 69 of the Complaint afe incorporated by feference as if set forth at length. 20 71. As a result of the conduct of Defendants and their agents, servants andlor employees, Plaintiff Dana Yingling suffered the loss of the consortium, services, society and companionship of his wife, Kathryn Yingling, and may suffer similar loss in the future. WHEREFORE, Plaintiff claims damages against Defendants jointly and severally in a sum in excess of $35,000 exclusive of interest, costs and delay damages, and demands a trial by jury. Edmund J. Berger Attorney I.D. #53407 Vl C'~~~ Attorney for Plaintiff 2104 Market Street Camp Hill, PA 17011 Phone: 717-920-8900 Fax: 717-920-8901 E-mail: tberoer@beroerlawfirm.net 21 VERI FICA liON I, Kathryn Yingling, affirm that I am the Plaintiff in this action and that the statements of fact made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Ann. ~ 4904 relating to unsworn falsification to authorities. Date: January 13, 2006 CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the foregoing document, Complaint in a Civil Action, upon the following persons, in the manner indicated: VIA FIRST CLASS MAIL Kevin H. Wright, Esq. Kevin H. Wright & Associates 446 North Lane - Box 812 Conshohocken, PA 19428 Timothy J. McMahon, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Thomas M. Chairs, Esq. Dickie, McCamey, & Chilcote, P.C. 1200 Camp Hill Bypass, Ste. 205 Camp Hill, PA 17011 Date: January 13, 2006 Edmund J. Berger BERGER LAw FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 E-Mail: tberger@befgerlawfifm.net r .' n ~'-, , ._...l ,\ --~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHRYN YINGLING AND DANA YINGLING, HER HUSBAND CIVIL DIVISION Plaintiffs vs. Civil Action No. 05-5511 DAVID CALCAGNO, M.D. HOLY SPIRIT HOSPITAL, HEAL THSOUTH OF MECHANICSBURG, INC. : AND HEAL THSOUTH REHABILITATION OF MECHANICSBURG - ACUTE REHAB HOSPITAL Defendants MEDICAL MALPRACTICE MOTION FOR EXTENSION OF TIME TO FILE CERTIFICATES OF MERIT PURSUANT TO RULE 1042.3 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE, Pursuant to Rule 1042.3(d) of the Pennsylvania Rules of Civil Procedure, Pa. R.C.P. 1042.3(d), Plaintiff respectfully submits this Motion for Extension of Time to File Certificates of Merit. In support of this Motion, Plaintiff respectfully avers as follows: 1. On January 13, 2006, Plaintiff filed a Complaint in this Medical Malpractice Action. 2. Because this is a Medical Malpractice Action, Plaintiff is requifed to file Certificates of Merit within sixty (60) days of filing the Complaint in this matter. 1 3. Plaintiff has been diligently seeking review of this matter by licensed professionals and has consulted with thfee licensed professionals to date concerning this matter. 4. Unfortunately, because of schedule conflicts and because of the volume of medical records associated with this matter, one of Plaintiffs medical consultants has not been able to complete his review within the initial sixty (60) day period and Plaintiff is unable to file its Certificates of Merit until such review is complete. 5. Rule 1042.3(d) of the Pennsylvania Rules of Civil Pfocedure provides that the court, fOf good cause shown, shall extend the time for filing a certificate of merit for a period not to exceed sixty days. 6. The note to Rule 1042.3(d) states that the court should give appropriate considefation to the practicalities of securing expert review. WHEREFORE, Plaintiff respectfully requests that the Court enter an order granting Plaintiff, for good cause shown, a sixty (60) extension of the time to file Certificates of Merit. Edmund J. Befgef Pa. I.D. No. 53407 BERGER LAw FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 E-mail: tberger@bergerlawfirm.net Attorneys fOf Plaintiff 2 CERTIFICATE OF SERVICE I hereby certify that I have this day served a tfue and correct copy of the foregoing document, Motion for Extension of Time to File Certificates of Merit, upon the following persons, in the manner indicated: VIA FIRST CLASS MAIL Kevin H. Wfight, Esq. Kevin H. Wright & Associates 446 North Lane - Box 812 Conshohocken, PA 19428 Timothy J. McMahon, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Thomas M. Chaifs, Esq. Dickie, McCamey, & Chilcote, P.C. 1200 Camp Hill Bypass, Ste. 205 Camp Hill, PA 17011 Date: March JiL, 2006 ~ Edmund J. Berger BERGER LAw FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: Fax: E-Mail: (717) 920-8900 (717) 920-8901 tberger@bergerlawfirm.net 1._...' - RECEIVED MAR 14 2006 5 , . .", IN THE COURT OF COMMON PLEAS OF CUMBERLAND PENNSYLVANIA KATHERINE YINGLING AND DANA YINGLING, HER HUSBAND CIVIL DIVISION Plaintiffs vs. No: 05-5511 DAVID CALCAGNO, M.D. HOLY SPIRIT HOSPITAL AND HOLY SPIRIT HEALTH SYSTEM, AND HEALTHSOUTH OF MECHANICSBURG, INC. AND HEALTHSOUTH REHABILITATION OF MECHANICSBURG - ACUTE REHAB HOSPITAL Defendants MEDICAL MALPRACTICE ORDER AND NOW, this \ ~~ d~1 t'\ ll..l t.\.- , 2006, upon consideration of Plaintiffs' Motion for Extension of Time to File Certificates of Merit Pursuant to Rule 1042.3 of the Pennsylvania Rules of Civil Procedure, Plaintiffs' Motion is hereby GRANTED. Plaintiffs have an additional 60 days from the date of this order in which to file their Certificate(s) of Merit in the above captioned matter. BY THE COURT: \-t~ J. V;N\iI\iAS!~~j{3d I "I~"~ .0"" ..~r"'n" AU',! :U.,! ~, "-."..t '~"1~:,W'!I V l'J I :fj l~d 91 ~mnooz ^tJV.lO'\CH.:Dl~d 3Hl :10 Jr'" u,..,....t..::t:'1JJ :J,,-,iJ7",J.} ..J::;"IJ..:J > KEVIN H. WRIGHT & ASSOCIATES BY: Kevin H. Wright, Esquire IDENTIFICATION NO. 25435 446 North Lane- Box 812 Conshohocken, P A 19428 (610)940-2300 ATTORNEY FOR: Defendant, David Calcagno, M.D. KATHERINE YINGLING and DANA YINGLING, her husband COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DAVID CALCAGNO, M.D., HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM, HEALTHSOUTH OF MECHANICSBURG, INC. and HEALTH SOUTH REHABILITATION OF MECHANICSBURG - ACUTE REHAB HOSPITAL CIVIL ACTION LAW MEDICAL MALPRACTICE NO.: 05-5511 PRELIMINARY OBJECTIONS OF DEFENDANT, DAVID CALCAGNO, M.D., TO PLAINTIFF'S COMPLAINT Defendant, David Calcagno, M.D., by and through his counsel, Kevin H. Wright & Associates, preliminarily objects to the Complaint of the plaintiff and asserts the following reasons in support thereof. COUNT I - MOTION TO STRIKE 1. Pennsylvania Rule of Civil Procedure 1019 requires that a pleading state material facts in a concise and summary form and be sufficiently specific to enable a defendant to prepare a proper defense. 2. Paragraph 44 (e), (g), (h), (i), (j), (1), (n), (q), (r), (s), (v), (w) and (x) of plaintiff's Complaint alleges that 44. Defendant Calcagno and his agents, ostensible agents, servants, and/or employees were negligent and careless in some or all of the following particulars: e. In failing to order appropriate medical testing and results in a . timely manner so that he could promptly evaluate and treat plaintiff's deteriorating condition; g. In failing to recognize the emergent nature of plaintiff's pseudoaneurysm and to take timely and appropriate actions to ascertain the diagnosis of his emergent condition and to treat it accordingly; h. In failing to ascertain in a timely fashion the results of the arteriorgram performed at Defendant Holy Spirit on October 21, 2003; i. In failing to give appropriate orders with respect to care and treatment of plaintiff following the arteriorgram of October 21, 2003; j. In failing to give appropriate orders to refrain from physical therapy until the results of the arteriorgram had been ascertained and appropriate treatment for the pseudoaneurysm had been implemented; 1. In failing to diagnose and treat plaintiff's condition in a timely manner; n. In failing to perform a proper and adequate differential diagnosis at various times during the court of plaintiff's care and treatment at Defendant Healthsouth; q. In failing to refer plaintiff 1n timely fashion to the necessary medical specialists who would have diagnosed and treated plaintiff's condition; r. In failing to recognize and treat plaintiff's deteriorating condition in the face of obvious clinical signs and symptoms; s. In failing to have reasonable, diligent and properly trained personnel on duty to recognize the emergent nature of plaintiff's condition and to report plaintiff's symptoms to defendant or to take other appropriate actions if he was unavailable; v. In failing to possess the degree of care and skill ordinarily exercised in similar cases by other physicians; w. In failing to exercise the requisite degree of care and skill; and x. In failing to conform to the requisite standards of care under the circumstances. 3. Plaintiff's lack of specificity leaves moving defendant unable to prepare a defense in this matter and/or answer the Complaint. All of the aforesaid allegations are contrary to the Pennsylvania Rules of Civil Procedure and the case law interpreting it. 4. Accordingly, moving defendant requests the Court to order that paragraph 44 (e), (g), (h), (i), (j), (1), (n), (q) (r), (13), (v), (w) and (x) be stricken. . WHEREFORE, defendant, David Calcagno, M.D. respectfully requests this Court to enter the attached Order and strike paragraph 44 (e), (g), (h), (i), (j), (1), (n), (q), (r), (s), (v), (w) and (x) from Plaintiff's Complaint. Respectfully submitted, KEVIN H. WRIGHT & ASSOCIATES /-- ~ BY : .-//1 ~"--. ~^-Z.A Kevin H. Wright Terence M. pitt Attorney for Defendant David Calcagno, M.D. , KEVIN H. WRIGHT & ASSOCIATES BY: Kevin H. Wright, Esquire IDENTIFICATION NO. 25435 446 North Lane- Box 812 Conshohocken, PA 19428 (610)940-2300 A TIORNEY FOR: Defendant, Davld Calcagno, M.D. KATHERINE YINGLING and DANA YINGLING, her husband COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DAVID CALCAGNO, M.D., HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM, HEALTHSOUTH OF MECHANICSBURG, INC. and HEALTHSOUTH REHABILITATION OF MECHANICSBURG - ACUTE REHAB HOSPITAL CIVIL ACTION LAW MEDICAL MALPR~CTICE NO.: 05-5511 MEMORANDUM OF LAW IN SUPPORT OF THE PRELIMINARY OBJECTIONS OF DEFENDANT, DAVID CALCAGNO, M.D., TO PLAINTIFF'S COMPLAINT The Court should sustain the Preliminary Objections of defendant, David Calcagno, M.D., to Plaintiff's Complaint for the following reasons. A true and correct copy of the plaintiffs' Complaint is attached hereto as Exhibit "A". COUNT I - MOTION TO STRIKE Pennsylvania Rule of Civil Procedure 1019 requires that a pleading state material facts in a concise and summary form and be sufficiently specific to enable a defendant to prepare a proper defense. Paragraph 44 (e), (g), (h), (i), (j), (1), (n), (q), (r), (s), (v), (w) and (x) of plaintiff's Complaint alleges that 44. Defendant Calcagno and his agents, ostensible agents, servants, and/or employees were negligent and careless in some or all of the following particulars: e. In failing to order appropriate medical testing and results in a . timely manner so that he could promptly evaluate and treat plaintiff's deteriorating condition; g. In failing to recognize the emergent nature of plaintiff's pseudoaneurysm and to take timely and appropriate actions to ascertain the diagnosis of his emergent condition and to treat it accordingly; h. In failing to ascertain in a timely fashion the results of the arteriorgram performed at Defenda:C1t Holy Spirit on October 21, 2003; i. In failing to give appropriate orders with respect to care and treatment of plaintiff following the arteriorgram of October 21, 2003; j. In failing to give appropriate orders to refrain from physical therapy until the results of the arteriorgram had been ascertained and appropriate treatment for the pseudoaneurysm had been implemented; 1. In failing to diagnose and treat plaintiff's condition in a timely manner; n. In failing to perform a proper and adequate differential diagnosis at various times during the court of plaintiff's care and treatment at Defendant Healthsouth; q. In failing to refer plaintiff in timely fashion to the necessary medical specialists who would have diagnosed and treated plaintiff's condition; r. In failing to recognize and treat plaintiff's deteriorating condition in the face of obvious clinical signs and symptoms; s. In failing to have reasonable, . diligent and properly trained personnel on duty to recognize the emergent nature of plaintiff's condition and to report plaintiff's symptoms to defendant or to take other appropriate actions if he was unavailable; v. In failing to possess the degree of care and skill ordinarily exercised in similar cases by other physicians; w. In failing to exercise the requisite degree of care and skill; and x. In failing to conform to the requisite standards of care under the circumstances. Plaintiff's lack of specificity leaves moving defendant unable to prepare a defense in this matter and/or answer the Complaint. All of the aforesaid allegations are contrary to the pennsylvania Rules of civil Procedure and the case law interpreting it. These allegations are contrary to the Pennsylvania Rules of Civil Procedure and the supporting case law. In addition, if the Court were to allow this boilerplate language to remain in the Complaint, defendants could never prepare a defense to the allegations. The defendants are exposed to the danger of having the plaintiffs offer proof of any conceivable set of facts that fall within the general language of the plaintiffs' allegations. Such an unsettled situation is clearly not envisioned by the pennsylvania Rules of Civil Procedure. The Pennsylvania Supreme Court in the case of Connor v. Alleohenv General Hospital, 461 A.2d 600 (Pa. 1983) illustrates the inherent danger that an unspecific allegation presents to a . defendant in a medical malpractice case. In the Connor case, the plaintiff allegedly contracted peritonitis as a result of a barium enema procedure. The plaintiff had originally proceeded on the theory that the defendant was negligent in perforating his colon during the procedure. However, the plaintiff's expert refused to testify on this theory. Plaintiff was apparently unable to obtain a second expert witness on this theory. The plaintiff then attempted to change the theory of negligence by adding an allegation that defendant failed to adequately diagnose and treat the condition caused by the colon perforation. The trial court denied the plaintiff's attempt to amend the Complaint on the grounds that it stated a new cause of action after the statute of limitations has expired. The Superior Court upheld the lower court. However, the Supreme Court reversed and held that the new theory was merely an amplification of an unspecific allegation that the defendant was negligent in otherwise failing to use due care and caution. The Supreme Court stated: If appellee did not know how it otherwise failed to use due care and caution under the circumstances, it could have filed the preliminary objection in the nature of a request for more specific pleading or it could have moved to strike that portion of the plaintiff's Complaint. Connor, 461 A.2d at 602, N.3. By failing to raise by preliminary objection the failure to specifically state the grounds of the averment, the Court held that the defendant had waived those objections. Id. The construction of Connor has been followed by the Court of Common Pleas in many cases. Wagner v. Firitchley, 40 D.& C. 3d , 73 (Cumberland, 1985); Winters v. Lonerqan, 36 Cumbo L.J. 98 (1985) . The defendants wish to avoid a situation like that which occurred in the Connor case. The allegations contained in Paragraph 4 clearly does not comply with the Pennsylvania Rules of Civil Procedure. Accordingly, movlng defendant requests the Court to order that paragraph 44 (e), (g), (h), (i), (j), (1), (n), (q), (r), (s), (v), (w) and (x) be stricken. WHEREFORE, defendant, David Calcagno, M.D. respectfully requests this Court to enter the attached Order and strike paragraph 44 (e), (g), (h), (i), (j), (1), (n), (q), (r), (s), (V), (w) and (x) from Plaintiff's Complaint. Respectfully submitted, KEVIN H. WRIGHT & ASSOCIATES BY: /~J /~ ~. . L-.---- {/ ~ Kevin H. wright Terence ~1. pitt Attorney for Defendant David Calcagno, M.D. KEVIN H. WRIGHT & ASSOCIATES BY: Kevin H. Wright, Esquire IDENTIFICATION NO. 25435 446 North Lane- Box 812 Conshohocken, PA 19428 (610)940-2300 ATTORNEY FOR: Defendant, David Calcagno, M.D. KATHERINE YINGLING and DANA YINGLING, her husband COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DAVID CALCAGNO, M.D., HOLY SPIRIT HOSPITAL, HOLY SPIRIT HEALTH SYSTEM, HEALTH SOUTH OF MECHANICSBURG, INC. and HEALTHSOUTH REHABILITATION OF MECHANICSBURG - ACUTE REHAB HOSPITAL CIVIL ACTION LAW MEDICAL MALP~\CTICE NO.: 05-5511 CERTIFICATE OF SERVICE I, Terence M. Pitt, Esquire, do hereby certify that a copy of the within Preliminary Objections to Plaintiff's Complaint, was served upon all counsel by regular, first-class, postage pre-paid mail. Respectfully submitted, KEVIN H. WRIGHT & ASSOCIATES By: ~ ""---- /, ?~/~ Kevin H. Wright Terence M. pit.t Attorney for Defendant David Calcagno, M.D. 3 /!jo'v:J DATE: V E R I FIe A T ION The averments or denials of facts contained in the foregoing are true based upon the signer's personal knowledge or information and belief. If the foregoing contains averments which are inconsistent in fact, signer has been unable, after reasonable investigation, to ascertain which of the inconsistent averments are true, but signer has knowledge or information sufficient to form a belief that one of them is true. This verification is made subject to the penalties of 18 PA C.S<D. 4904 relating to unsworn falsification. ~ /1 ~-/~ !/WJ Terence M. pitt EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHERINE YINGLING AND DANA YINGLING, HER HUSBAND CIVIL DIVISION Plaintiffs vs. No: 05-5511 DAVID CALCAGNO, M.D. HOLY SPIRIT HOSPITAL AND HOLY SPIRIT HEALTH SYSTEM, AND HEAL THSOUTH OF MECHANICSBURG, INC. : AND HEALTHSOUTH REHABILITATION OF MECHANICSBURG - ACUTE REHAB HOSPITAL Defendants MEDICAL MALPRACTICE COMPLAINT IN A CIVIL ACTION Filed on behalf of: PLAINTIFF Counsel of Record for this party: Edmund J. Berger Attorney I.D. #53407 Berger Law Firm, P.C. 2104 Market Street Camp Hill, PA 17011 (717) 920-8900 (Phone) (717) 920-8901 (Fax) JURY TRIAL DEMANDED }D>-'il'il 1. KATHRYN YINGLING and DANA YINGLING, Plaintiffs herein, reside at 7008 Wertzville Road, Mechanicsburg, PA 17050. Unless otherwise indicated, Plaintiff as used in this Complaint, refers to Plaintiff Kathryn Yingling. 2. DAVID M. CALCAGNO, M.D., at the time of the matters complained about herein, was a licensed physician with a business office at 800 Poplar Church Road, Camp Hill, PA 17011. Plaintiff is asserting a professional liability claim against this Defendant. 3. HOLY SPIRIT HOSPITAL AND HOLY SPIRIT HEALTH SYSTEM (hereinafter "Defendant Holy Spirit"), Defendant herein, is an entity maintaining a place of business at 503 North 21st Street, Camp Hill, PA 17011. At all times relevant to the matters set forth in this Complaint, this Defendant owned, operated, possessed and maintained a certain general hospital known as "Holy Spirit Hospital" located in Cumberland County. Plaintiff is asserting a professional liability claim against this Defendant. 4. HEAL THSOUTH OF MECHANICSBURG, INC. AND HEAL THSOUTH REHABILITATION OF MECHANICSBURG - ACUTE REHAB HOSPITAL (hereinafter "Defendant Healthsouth") are entities maintaining a place of business at 175 Lancaster Blvd., Mechanicsburg, PA 17055. At all times relevant to the matters setforth in this Complaint, these Defendants owned, operated, possessed and maintained a rehabilitation hospital known as "Healthsouth Rehabilitation of Mechanicsburg" located in Cumberland County. Plaintiff is asserting a professional liability claim against this Defendant. 5.- At all times relevant to the matters set forth in this Complaint, the health care and other personnel who participated in the care and treatment of Plaintiff, 1 including Defendant Calcagno, were the agents, ostensible agents, servants andlor employees of Defendant Holy Spirit or Defendant Healthsouth and were acting while in and upon the business of said Defendants and while in the course and scope of their employment by said Defendants. To the extent that other licensed professionals not specifically identified in Plaintiff medical records participated in the care or treatment of Plaintiff on behalf of Defendants Holy Spirit or Healthsouth, Plaintiff is asserting a professional liability claim against such unknown and unidentified licensed professionals. 6. On September 30, 2003, shortly after 6:00pm, Plaintiff Kathryn Yingling fell on the kitchen floor at her residence at 7008 Wertzville Road and injured her right leg. Unable to walk and at home alone, Plaintiff crawled to the closest telephone and called 911. 7. At approximately 6:13pm, Silver Spring Ambulance & Rescue Association was contacted by 911 service and dispatched an ambulance to Plaintiffs fesidence. According to the EMS Report, Plaintiff indicated her right leg was feeling numb and she complained of significant pain but she was able to wiggle her toes and had a good pedal pulse. EMS splinted Plaintiff's leg and applied ice packs, and after assistance from the fire department arrived, she was moved to the ambulance and transported to Defendant Holy Spirit. EMS reported that Plaintiff was stable upon arrival at Holy Spirit and care was transferred at approximately 7:10pm. 8. Upon being seen at triage at 7:10pm, Plaintiff complained of pain in her right knee and tibialfibula area. Plaintiff reported pain of 10 on a scale of 1 to 10 and indicated-her right leg was "numb" and was burning. Radial pulses wefe noted in both legs. 2 9. Following triage at 7:10pm, Plaintiff waited in the Emergency Room until after 8pm when she was seen by the admitting physician, probably Dr. Laurence H. Paul. Dr. Paul determined that Plaintiff had a "large deformity at the knee on the right." Emergency Room Report, page 1. He stated "There feels to be at least a fracture, possible concomitant dislocation to the knee." Id. Dr. Paul also reported "Sensory and motor function normal." !sl However, upon examination she was found to "have a change in color of right leg compared to left leg and no pedal pulses palpated as well as by Doppler." !sl Dr. Paul felt that "the knee dislocation may be coming from concomitant arterial compromise." !sl For that reason, Dr. Paul stated that "appropriate intervention with the appropriate attending between the orthopedist and the cardiovascualar surgeon was obtained." !sl Dr. Paul's diagnosis was "Right knee dislocation" and "possible arterial insufficiency related to that dislocation." !sl at 1-2. 10. At approximately 8:15pm in the evening, Plaintiff was given IV Demerol for pain. Physician Order Sheet. 11. Pursuant to his diagnosis, Dr. Paul directed that an orthopedist and a cardiovascular surgeon be paged and Dr. Steve Wolf, an orthopedist and another doctor were paged at 8:40pm and 8:55pm respectively. Physician Order Sheet. 12. Subsequently, Plaintiff was examined by Dr. Wolf. Dr. Wolf noted "no pulse in foot, bluish, cool, neuro intact." Dr. Wolf Consultation Report. 13. X-Rays revealed anterior dislocation of the right knee but no obvious fractures. Dr. Wolf Consultation Report. 14. Subsequent to X-Rays, Dr. Wolf performed a closed reduction of the dislocation under IV sedation at approximately 9:40pm. Dr. Wolf Consultation Report. Post-reduction X rays showed satisfactory alignment with no evident fracture. !sl Dr. 3 Wolf then discussed the case with Defendant Calcagno, who ordered that an arteriorgram be performed. kL Dr. Wolf then placed a knee immbolizer on Plaintiffs leg. 15. Plaintiff was taken for the arteriorgram at approximately 10:00pm. At that time, Plaintiffs foot was cool and there was no pulse. Dr. Wolf Consultation Report. 16. At approximately 10:50pm, the arteriorgram was begun by Dr. Brian Mcinroy, and it was concluded at approximately 11 :40pm. Dr. Mcinroy found an abrupt right popliteal artery occlusion with evidence of emboli to the right tibiopefoneal trunk and right peroneal artery. Final Report of Pelvic Arteriorgram and Right Lower Extremity Arteriorgram. 17. Following the arteriorgfam, Plaintiff was sent to the operating room for surgery. Anesthesia was begun on October 1, 2003 at approximately 12:20am and surgery began approximately 15 minutes thereafter at 12:35am. Surgery ended at 4:10am. 18. Defendant Calcagno performed this surgery in which a portion of the saphenous vein was taken from the left leg and grafted into the popliteal artery in the right leg. Operative Report. This was done after the damaged portion of the popliteal artery, approximately 10 cm, had been removed and a thrombectomy of the popliteal artery, tibial peroneal trunk, and peroneal artery completed. !Q" 19. Following the graft procedure, good flow was determined to the leg with "good Doppler signals present in the posterior tibial and palpable pedes pulse." Operative Report. 20'. Completion angiogram was then performed in the vein graft "which showed the distal anastomosis to look good" and "the popliteal artery to be without 4 thrombus." Operative Report. The completion angiogram also revealed that the "anterior tibial artery, tibial and peroneal trunk, posterior tibial arteries were widely patent as appeared to be the peroneal also." kL Dr. Calcagno observed good blood flow "into the foot on ankle and foot films." Operative Report. 21. Although blood flow was returned, the report provides no indication that the completion angiogram was used to visualize the proximal anastomosis. 22. Following surgery in the morning of October 1, 2003, blood flow and sensation in Plaintiffs right leg and foot wefe noted as follows: At 6:00am, the right leg and foot were warm with positive weak palpable pulses and strong Doppler pulses; Plaintiff complained of numbness and tingling in her right foot. Patient Care Notes. At 8:00am, she was noted to have positive pulses in feet with Doppler and complained of "tingling in my right foot." kL At 9:30am, positive pulses were noted to be obtainable. kL At 11 :30am, positive pulses were obtainable with the Doppler in feet. Plaintiff was noted to still be complaining of "numbness" in right foot." kL She was noted by Dr. Wolf at 12:25pm on 10-1-03 to have numbness below the knee on her right leg. However, she was able to wiggle her toes and dorsiflex her ankle. Her foot was warm and, although Dr. Wolf couldn't palpate her distal pulse, it was present with the use of a Doppler (ultrasound). Progress Notes. At 2:00pm, positive pulses were obtainable with the Doppler. Patient Care Notes. At 3:15pm, Plaintiff was noted to be neurovascularly intact. kL This same notation is made at 8:20pm and again at 10:00pm on October 1, 2003. kL Dr. Calcagno's discharge notes indicate that on the evening of October 1, Plaintiff had palpable dorsalis pedis and posterior tibial pulse on the right foot. She was also noted to be moving the right toes. Sensation of the right foot was noted to be "mildly diminished but she can still feel me touching her lightly on the foot." 5 23. Plaintiffs condition was followed thereafter on October 2, 2003. The right pedal pulse is noted to be weaker than the left at 12:00am. She is also again noted to be neurovascularly intact at 2:00am and 6:00am 24. At 3:00pm, Plaintiff was noted to have palpable pulses bilaterally. Although the right foot had some numbness and tingling, Plaintiff was able to tell when each toe was squeezed. 25. At approximately 5:30pm, Plaintiff was discharged by ambulance from Defendant Holy Spirit to Hershey Medical Center where she was to receive orthopedic treatment for her right knee. 26. At Hershey Medical Center (HMC), Plaintiff was noted to be neurovascularly intact with radial and femoral pulses bilaterally. Consultation Report of Brynn Wolff, M.D. Sensation and motof function were noted to be intact. 27. On October 3,2003, Dr. Scott Lynch performed an external fixation of the right knee in order to stabilize the knee and protect the vascular surgery performed by Defendant Calcagno. 28. Postopefatively Plaintiff had to be transfused because of acute blood loss anemia. A duplex (ultrasound) performed post-operatively indicated some hematoma drainage from her posterior knee wound and revealed that her graft was thin. HMC Discharge Summary. The Plaintiff had three additional transfusions while at HMC. 29. On October 8, 2003, Plaintiff was discharged to Defendant Healthsouth for rehabilitation. At Healthsouth, Plaintiff was begun on a comprehensive program of physical thefapy and occupational therapy for her injuries. She was followed there by Defendant Calcagno fOf vascular sUfgery. 6 30. On October 15, 2003, Plaintiff had a large amount of bleeding - approximately 300 ccs - but no transfusion was necessary. According to the records, Defendant Calcagno was informed of this bleeding episode and contacted to see if he wanted to see Plaintiff. 31. On October 17, 2003, Plaintiff had a venous Doppler which showed a possible pseudoaneurysm at the end of the graft. Again, Healthsouth records indicate that Dr. Calcagno's office was informed of these results and his office provided instructions not to give Heparin but to place Plaintiff on bed rest for several days. 32. On October 21, 2003, upon Defendant Calcagno's instructions, Plaintiff had an arteriorgram to determine the source of the bleeding. The arteriogram was performed at Defendant Holy Spirit by Dr. Anand Jogannath and was completed at approximately 11 :50am. The arteriorgram determined that Plaintiff in fact had a pseudoaneurysm at the site of the proximal anastomosis that had been performed by Defendant Calcagno. This diagnosis was set forth in Dr. Jogannath's handwriting at 12 noon on October 21, 2003. 33. Following completion of the arteriogram, Plaintiff remained at Defendant Holy Spirit until approximately 6:30pm for post-surgical care and then was transported back to Defendant Healthsouth. 34. Plaintiff was discharged by Defendant Holy Spirit with instructions that she was "OK for physical therapy on 10/22/03" and "OK to restart Aspirin" on 1 0/23/03. 35. From the records available to Plaintiff, it is uncleaf when Defendant Holy Spirit notified the ordering physician, Defendant Calcagno, of the results of the arteriorgram, or if this was ever done. It is also uncleaf when Defendant Calcagno learned of the results of the arteriofgram of 10/21/2003. What is clear is that Defendant 7 Healthsouth received a facsimile from Defendant Holy Spirit at 8:30am on 10/23/03. Healthsouth lnterdisciplnary Progress Notes. Defendant Healthsouth's records also reflect that this information was then faxed, at 10:00am, to Dr. Calcagno's office. !Q." 36. At approximately 1 :30pm on October 23, 2003, Plaintiff was in physical therapy at Defendant Healthsouth. While at physical therapy, she began to bleed profusely from the popliteal incision in her right leg, subsequently determined to be at the site of the proximal anastomosis. 37. This profuse bleeding, on October 23,2003, led to Plaintiffs loss of consciousness and Plaintiff was emergently taken to Defendant Holy Spirit, where Dr. Calcagno again performed surgery. 38. During this second vascular surgery, upon information and belief, Plaintiffs peroneal nerve was severed, resulting in the permanent loss of nerve function to much of her right foot, ankle and a portion of her right leg, producing a severe foot drop accompanied by a medial rotation of the ankle. As summafized in the discharge summary from her 10-23-03 admission to Defendant Holy Spirit, "The patient did have evidence of perineal nerve injury with foot drop and no motor control of the foot or ankle." Dischafge Summary of John Calaitges, M.D. 39. Alternatively, Plaintiffs foot drop was caused by a loss of blood flow and oxygen to the peroneal nerve. 40. Subsequently, Plaintiff underwent vascular, orthopedic and plastic surgery related to the injuries she sustained. These were performed during her admissions to Holy SpirirHospital from 10-23-03 to 12-12-03 and to Hershey Medical Centef fOf 12- 11-03 t012-31-03 and in March, April and July of 2004. Among these surgeries was a fusion of her ankle bones performed by Dr. Sizensky. 8 41. The proximate cause of Plaintiff's foot drop was the failure of Defendant's Calcagno, Holy Spirit and Healthsouth, working together in Plaintiffs care, to diagnose and treat Plaintiff's condition in a timely and appropriate manner, and the failure of Defendant's Holy Spirit and Healthsouth, to refrain from actions that hastened the deterioration of Plaintiffs condition. This negligence and carelessness is detailed in greater detail below in the individual counts of this Complaint. 42. In addition to the severe foot drop and medial rotation of the ankle, Plaintiff has had to have numerous surgeries, as indicated above, and significant additional treatment due to the need for surgical repair resulting from bursting of the pseudoaneurysm at the proximal anastomosis of the popliteal artery. Plaintiff developed infection as part of the need for this further surgical repair and was required to have numerous surgical repairs of the surrounding skin and tissue of her right leg. FIRST COUNT (Kathryn Yingling, Plaintiff vs. Defendant David Calcagno, M.D.) PROFESSIONAL NEGLIGENCE 43. Paragraphs 1 through 42 of the Complaint are incorporated by reference as if set forth at length. 44.' Defendant Calcagno and his agents, ostensible agents, servants, and/or employees were negligent and careless in some or all of the following particulars: a. In postponing Plaintiffs surgical care by ordering an arteriorgram prior to the performance of surgery when blood flow to Plaintiffs right leg had already been disrupted for more than 3 hours; when Defendant knew or should have known that by the time surgery would begin, blood flow would have been disrupted for approximately 6 hours; and 9 when Defendant knew or should have known that by the time surgery was completed, blood flow would had been disrupted for approximately 10 hours; b. In performing the proximal anastomosis of the surgical repair of Plaintiff's popliteal artery incorrectly and incompletely; c. In failing to perform a completion arteriorgram on the proximal anastomosis of the surgical repair of Plaintiffs popliteal artery and in otherwise failing to ascertain the condition of the proximal anastomosis before completing sUfgery on October 1, 2003; d. In failing to provide adequate follow-up care by informing himself of patient's hospital course subsequent to his surgical care of October 1, 2003 so that he would fully understand the extent of the continuing bleeding problems Plaintiff was experiencing and the condition of the surgically repaired artery; e. In failing to order appropriate medical testing and results in a timely manner so that he could promptly evaluate and treat Plaintiffs deteriorating condition; f. In failing to order an arteriorgram be performed immediately after results from Healthsouth's Doppler ultrasound of Octobef 17, 2003 showing a possible pseudoaneurysm had been delivered to him; g. In failing to fecognize the emergent nature of Plaintiffs pseudoaneurysm and to take timely and appropriate actions to ascertain the diagnosis of this emergent condition and to tfeat it accordingly; 10 h. In failing to ascertain in a timely fashion the results of the arteriorgram performed at Defendant Holy Spirit on October 21, 2003; i. In failing to give appropriate orders with respect to care and treatment of Plaintiff following the arteriorgram of October 21, 2003; j. In failing to give appropriate orders to refrain from Physical Therapy until the results of the arteriorgram had been ascertained and appropriate treatment for the pseudoaneurysm had been implemented; k. In severing the peroneal nerve during surgery on October 23, 2003; I. In failing to diagnose and treat Plaintiffs condition in a timely manner; m. In failing to recognize the potential risks of pseudoaneurysm and the importance of immediate evaluation and treatment; n. In failing to perform a proper and adequate differential diagnosis at various times during the course of Plaintiffs care and treatment at Defendant Healthsouth; o. In failing to cause Plaintiff to receive proper medications that would have been effective in treating Plaintiffs condition; p. In failing to properly examine and treat Plaintiff for potential pseudoaneurysm; q. In failing to refer Plaintiff in a timely fashion to the necessary medical specialists who would have diagnosed and tfeated Plaintiff's condition; r. In failing to recognize and treat Plaintiffs deteriorating condition in the face of obvious clinical signs and symptoms. s. In failing to have feasonable, diligent and properly trained personnel on duty to recognize the emergent nature of Plaintiffs condition and to 11 report Plaintiffs symptoms to Defendant or to take other appropriate actions if he was unavailable; t. In failing to properly supervise Defendants' agents, servants or employees in the diagnosis and treatment of Plaintiff; u. In causing Plaintiff to suffer nerve damage, severe foot drop, and medial rotation of the ankle; v. In failing to possess the degree of care and skill ordinarily exercised in similar cases by other physicians; w. In failing to exercise the requisite degree of care and skill; x. In failing to conform to the requisite standards of care under the circumstances. 45. As a direct and proximate result of Defendant Calcagno's negligent actions as detailed above, Plaintiffs surgical repair failed, a pseudoaneurysm developed, and Plaintiff lost nerve function in her right foot and lower leg and developed foot drop in her right foot, including claw toe deformities and a fixed equinovarus foot. 46. As a direct and proximate result of Defendant Calcagno's negligent actions as detailed above, Plaintiff lost significant use of her right foot and lower leg, resulting in her ongoing need to wear a brace on her right leg, and placing significant limitations on her mobility and activities. 47. As a direct and proximate result of Defendant Calcagno's negligent actions as detailed above, Plaintiff was forced to undergo numerous additional surgical procedures and medical treatment, including fusion of the bones of the ankle. 48. As a direct and proximate result of Defendant Calcagno's negligent actions as detailed above, Plaintiffs injuries have resulted in ongoing physical and 12 mental discomfort, anxiety, nervousness, embarrassment and humiliation to her great detriment and loss. 49. As a direct and proximate result of Defendant Calcagno's negligent actions as detailed above, Plaintiff has suffered scarring and disfigurement. 50. As a direct and proximate fesult of Defendant Calcagno's negligent actions as detailed above, the chronic nature of Plaintiffs discomfort and anxiety over her condition has impaired Plaintiff's sense of well-being and enjoyment of life. 51. As a direct and proximate result of Defendant Calcagno's negligence, Plaintiff has sustained a serious and permanent injury, for the treatment of which she will require ongoing care and treatment and will incur additional medical bills and expenses. WHEREFORE, Plaintiff Kathryn Yingling demands judgment against Defendant Calcagno jointly and severally with the other Defendants in an amount in excess of $35,000 exclusive of interest, costs, and delay damages, and demands a trial by jury. SECOND COUNT (Kathryn Yingling, Plaintiff vs. Defendant Holy Spirit) PROFESSIONAL NEGLIGENCE 52. Paragraphs 1 through 51 of the Complaint are incorporated by reference as if set forth at length. 53. Defendant Holy Spirit and its agents, ostensible agents, servants, andlor employees wefe negligent and careless in some Of all of the following particulars: a. In postponing Plaintiffs surgical care on September 30, 2003, by delays in evaluation and treatment in the emergency room; 13 b. In postponing Plaintiff's surgical care on September 30, 2003, by delays in paging necessary specialists to evaluate and treat Plaintiff; c. In postponing Plaintiffs surgical cafe on Septembef 30, 2003, through the performance of an arteriogram prior to surgery; d. In failing to perform a proper and adequate differential diagnosis at the time of triage on September 30, 2003 so that Plaintiff could be promptly and timely treated for her emergency medical condition; e. In failing to recognize and treat Plaintiffs deteriorating condition on September 30, 2003 in the face of obvious clinical signs and symptoms; f. In failing to have reasonable, diligent and properly trained personnel on duty on September 30, 2003, to recognize the emergency nature of Plaintiffs condition; g. In failing to bring the results of the arteriorgram of October 21, 2003 to the attention of Plaintiff's treating specialist, Defendant Calcagno, in a prompt and timely manner; h. In failing to bring the results of the arteriorgram of October 21, 2003 to the attention of Plaintiffs rehabilitation care providers, Defendant Healthsouth, in a prompt and timely manner; i. In providing instructions to Plaintiff and Plaintiff's health care providers which indicated that Plaintiff could resume physical therapy on October 22,2003, following her arteriogram of October 21,2003; 14 . ' j. In failing to recognize the emergent nature of Plaintiffs pseudoaneurysm and to take timely and appropriate actions to treat it accordingly; k. In failing to give appropriate orders with respect to care and treatment of Plaintiff following the arteriorgram of October 21, 2003; I. In failing to give appropriate orders to refrain from Physical Therapy until appropriate treatment for the pseudoaneurysm had been implemented; m. In failing to recognize the potential risks of pseudoaneurysm and the importance of immediate evaluation and treatment; n. In failing to cause Plaintiff to receive proper medications, including heparin or other anticoagulants that would have been effective in treating Plaintiffs condition; o. In failing to properly treat Plaintiff for the pseudoaneurysm; p. In failing to refer Plaintiff in a timely fashion to the necessary medical specialists who would have treated Plaintiff's condition; q. In failing to have reasonable, diligent and properly trained personnel on duty to recognize the emergent nature of Plaintiffs pseudoaneurysm on October 21, 2003 and to institute an immediate plan of care and treatment, including immediately contacting Defendant Calcagno; f. In failing to properly supervise Defendant's agents, servants or employees in the diagnosis and treatment of Plaintiff; s. In causing Plaintiff to suffer nerve damage and resultant foot drop as a fesult of an untreated pseudoaneurysm; 15 , ' t. In failing to possess the degree of care and skill ordinarily exercised in similar cases by other hospitals; u. In failing to exercise the requisite degree of care and skill; v. In failing to conform to the requisite standards of care under the circumstances. 54. As a direct and proximate result of Defendant Holy Spirit's negligent actions as detailed above, Plaintiffs surgical repair failed, a pseudoaneurysm developed, and Plaintiff lost nerve function in her right foot and lower leg and developed foot drop in her right foot, including claw toe deformities and a fixed equinovarus foot. 55. As a direct and proximate result of Defendant Holy Spirit's negligent actions as detailed above, Plaintiff lost significant use of her right foot, resulting in her ongoing need to wear a brace on her right leg, and placing significant limitations on her mobility and activities. 56. As a direct and proximate result of Defendant Holy Spirit's negligent actions as detailed above, Plaintiff was forced to undergo numerous additional surgical procedures and medical treatment, including fusion of the bones of the ankle. 57. As a direct and proximate result of Defendant Holy Spirit's negligent actions as detailed above, Plaintiffs injuries have resulted in ongoing physical and mental discomfort, anxiety, nervousness, embarrassment and humiliation to her great detriment and loss. 58. As a direct and proximate fesult of Defendant Calcagno's negligent actions as detailed above, Plaintiff has suffered scarring and disfigurement. 16 . . 59. As a direct and proximate result of Defendant Holy Spirit's negligent actions as detailed above, the chronic nature of Plaintiffs discomfort and anxiety over her condition has impaired Plaintiffs sense of well-being and enjoyment of life. 60. As a direct and proximate result of Defendant Holy Spirit's negligence, Plaintiff has sustained a serious and permanent injury, for the treatment of which she will require ongoing care and treatment and will incur additional medical bills and expenses. WHEREFORE, Plaintiff Kathryn Yingling demands judgment against Defendant Holy Spirit jointly and sevefally with the other Defendants in an amount in excess of $35,000 exclusive of interest, costs, and delay damages, and demands a trial by jury. THIRD COUNT (Kathryn Yingling, Plaintiff vs. Defendant Healthsouth) PROFESSIONAL NEGLIGENCE 61. Paragraphs 1 through 60 of the Complaint are incorporated by reference as if set forth at length. 62. Defendant Healthsouth and its agents, ostensible agents, servants, and/or employees were negligent and careless in some or all of the following particulars: a. In permitting Plaintiff to participate in physical therapy when it had not yet received the fesults of an artefiogram being perfofmed fOf a possible pseudoaneurysm; b. In failing to ascertain the results of the arteriorgram of October 21 , 2003 as soon as that procedure was completed; 17 , ' c. In failing to bring the results of the arteriorgram of October 21, 2003 to the attention of Plaintiff's treating physicians, including Defendant Calcagno, in a prompt and timely manner; d. In failing to make Defendant Calcagno aware, on an ongoing basis, of the numerous bleeding episodes Defendant had experienced since coming to Defendant Healthsouth's faci/itiy; e. In failing to recognize the emergent nature of Plaintiffs pseudoaneurysm and to take timely and appropriate actions to treat it accordingly; f. In failing to give appropriate orders with respect to care and treatment of Plaintiff following the arteriorgram of October 21, 2003; g. In failing to give appropriate ordefs to reffain ffom Physical Thefapy until appropriate treatment for the pseudoaneurysm had been implemented; h. In failing to recognize the potential risks of pseudoaneurysm and the importance of immediate evaluation and treatment; i. In failing to cause Plaintiff to receive proper medications that would have been effective in treating Plaintiffs condition; j. In failing to properly treat Plaintiff for the pseudoaneurysm; k. In failing to refer Plaintiff in a timely fashion to the necessary medical specialists who would have treated Plaintiffs condition; I. In failing to have reasonable, diligent and properly trained personnel on duty to recognize the emergent nature of Plaintiff's pseudoaneurysm 18 .' . on October 21, 2003 and to institute an immediate plan of care and treatment, including immediately contacting Defendant Calcagno; m. In failing to properly supervise Defendant's agents, servants or employees in follow-up of Plaintiffs emergent condition; n. In causing Plaintiff to suffer nerve damage and resultant foot dfOp as a result of an untreated pseudoaneurysm; o. In failing to possess the degree of care and skill ordinarily exercised in similar cases by other rehabilitation hospitals; p. In failing to exercise the requisite degree of care and skill; q. In failing to conform to the requisite standards of care under the circumstances. 63. As a direct and proximate result of Defendant Healthsouth's negligent actions as detailed above, Plaintiffs surgical repair failed, a pseudoaneurysm developed, and Plaintiff lost nerve function in her right foot and lower leg and developed foot drop in her right foot, including claw toe deformities and a fixed equinovarus foot. 64. As a direct and proximate result of Defendant Healthsouth's negligent actions as detailed above, Plaintiff lost significant use of her right foot, resulting in her ongoing need to wear a brace on her right leg, and placing significant limitations on her mobility and activities. 65. As a direct and proximate result of Defendant Healthsouth's negligent actions as detailed above, Plaintiff was forced to undefgo numerous additional surgical procedures and medical treatment, including fusion of the bones of the ankle. 66. As a direct and proximate result of Defendant Healthsouth's negligent actions as detailed above, Plaintiff's injuries have resulted in ongoing physical and 19 . . , ,. mental discomfort, anxiety, nervousness, embarrassment and humiliation to her great detriment and loss. 67. As a direct and proximate result of Defendant Calcagno's negligent actions as detailed above, Plaintiff has suffered scarring and disfigurement. 68. As a direct and proximate result of Defendant Healthsouth's negligent actions as detailed above, the chronic nature of Plaintiffs discomfort and anxiety over her condition has impaired Plaintiffs sense of well-being and enjoyment of life. 69. As a direct and proximate result of Defendant Healthsouth's negligence, Plaintiff has sustained a serious and permanent injury, for the treatment of which she will require ongoing care and treatment and will incur additional medical bills and expenses. WHEREFORE, Plaintiff Kathryn Yingling demands judgment against Defendant Healthsouth jointly and severally with the other Defendants in an amount in excess of $35,000 exclusive of interest, costs, and delay damages, and demands a trial by jury. FOURTH COUNT (Dana Yingling, Plaintiff vs. David Calcagno, M.D., Holy Spirit Health System and Healthsouth of Mechanicsburg, Defendants) LOSS OF CONSORTIUM 70. Paragraphs 1 through 69 of the Complaint afe incorpofated by reference as if set forth at length. 20 . . . .. 71. As a result of the conduct of Defendants and their agents, servants andlor employees, Plaintiff Dana Yingling suffered the loss of the consortium, services, society and companionship of his wife, Kathryn Yingling, and may suffer similar loss in the future. WHEREFORE, Plaintiff claims damages against Defendants jointly and severally in a sum in excess of $35,000 exclusive of interest, costs and delay damages, and demands a trial by jury. Edmund J. Berger Attorney I.D. #53407 Attorney for Plaintiff 2104 Market Street Camp Hill, PA 17011 Phone: 717-920-8900 Fax: 717-920-8901 E-mail: tberaertalberaerlawfirm.net 21 l I . .. VERIFICATION I, Kathryn Yingling, affirm that I am the Plaintiff in this action and that the statements of fact made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Ann. & 4904 relating to unsworn falsification to authorities. Date: January 13, 2006 .. . .. CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and corfect copy of the foregoing document, Complaint in a Civil Action, upon the following persons, in the manner indicated: VIA FIRST CLASS MAIL Kevin H. Wright, Esq. Kevin H. Wfight & Associates 446 North Lane - Box 812 Conshohocken, PA 19428 Timothy J. McMahon, Esq. Mafshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Thomas M. Chairs, Esq. Dickie, McCamey, & Chilcote, P.C. 1200 Camp Hill Bypass, Ste. 205 Camp Hill, PA 17011 Date: January 13, 2006 Edmund J. Berger BERGER LAw FIRM, P.C. 2104 Market Stfeet Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 E-Mail: tberger@befgerlawfirm.net ...> !."--' ~y~ ..:~ :1 :;:1' ~...... ?:J --.l o ~n :;:J.:]'.l 101r-- ."n;~q '~,.'J Lr ~')l:) --c~~'1 "'}.~~ ~'-:'l ~~~ .~ -G -.,-. -" <:'! C', , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHRYN YINGLING AND DANA YINGLING, HER HUSBAND CIVIL DIVISION Plaintiffs vs. No: 05-5511 DAVID CALCAGNO, M.D. HOLY SPIRIT HOSPITAL AND HOLY SPIRIT HEALTH SYSTEM, AND HEAL THSOUTH OF MECHANICSBURG, INC. : AND HEAL THSOUTH REHABILITATION OF MECHANICSBURG - ACUTE REHAB HOSPITAL Defendants MEDICAL MALPRACTICE PLAINTIFF'S ANSWER TO DEFENDANT DAVID CALCAGNO, M.Do'S PRELIMINARY OBJECTIONS AND NOW COME Plaintiffs, by and through their counsel, and file this Answer to the Preliminary Objections of Defendant David Calcagno, M.D. in accordance with Rule 1017 of the Pennsylvania Rules of Civil Pfocedure: 1. It is admitted that Rule 1019 of the Pennsylvania Rules of Civil Procedure provides that a pleading shall state material facts in a "concise and summary form." It is denied that Rule 1019 specifically states that a pleading "be sufficiently specific to enable a defendant to prepare a proper defense." 2. It is admitted that Paragraph 44 of Plaintiffs Complaint includes the indicated statements, among others. Plaintiff notes, however, there are a number of typographical efrors in Defendant's restatement of these subparagraphs. 3. It is denied that there is any improper lack of specificity in Plaintiffs Complaint or the portions of Paragraph 44 of Plaintiffs Complaint referred to by Defendant Calcagno in Paragraph 2 of its Preliminary Objections. Further, it specifically denied that the highly detailed Complaint prepared by Plaintiff leaves moving Defendant unable to prepare a defense in this matter or to answer the Complaint. To the contrary, Plaintiff submits that the Complaint provides extensive details of the alleged negligence involved and the negligence alleged in Paragraph 44 and its subparagraphs very clearly relate to very specific allegations of the Complaint. These allegations are entirely consistent with the Pennsylvania Rules of Civil Procedure and the case law interpreting it. In particular, subparagraphs e, g, h, i, j, I, n, q, r, and s clearly relate to the allegations of the Complaint beginning with Paragraph 30 and continuing through Paragraph 44 that Defendant failed to diagnose and treat Plaintiffs developing pseudoaneurysm in an appropriate manner. These subparagraphs of Paragraph 44 clearly discuss Dr. Calcagno's lack of prompt and timely action in the face of Plaintiffs clinical signs and symptoms and assert that his failure to more timely diagnose and treat Plaintiffs conditions in the face of these clinical signs and symptoms was negligent. The allegations include the lack of timeliness of his orders to diagnose the condition once clinical signs and symptoms became appafent (subpafagfaph e); his failufe to fecognize the emergency nature of this condition (subparagraph g); his failure to ascertain the results of the arteriorgram shortly after the test had been performed 1 (subparagraph h); his failure to then give appropriate orders for treatment after the arteriorgram given the emergent nature of the condition (subparagraph i); his failure to give an order to refrain from physical therapy until the results of the arteriorgram had been ascertained (subparagraph j); his failure, throughout this course of treatment (from October 15, 2003 to October 23, 2003), to diagnose and treat Plaintiff in a timely manner or to refer her to others who could and would do so in the face of the clinical signs and symptoms with which she presented during that time frame (subparagraphs I, n. q., and r); and his failure to have diligent and properly trained personnel on duty who had been trained to recognize Plaintiffs emergent condition and the importance of immediately reporting the symptoms and results of diagnostic testing to him or to take other appropriate actions if he was unavailable (subparagraph s). All of these subparagraphs are clearly very specific to the facts and circumstances of this case and are not appropriately contended to be non-specific. Further, Plaintiff submits that it is appropriate to read these subparagraphs in conjunction with the preceding paragraphs of the complaint, which detail the facts and circumstances bearing upon Defendant's negligence. Plaintiff submits that it is not necessary to restate every fact and circumstance of the Complaint in identifying the natufe of Defendant's negligence when those facts and circumstances can and should be reasonably read in conjunction with such allegations of negligence. Finally, with respect to subparagraphs v, w, and x, Plaintiff submits that it is appropriate, after specifying detailed allegations of negligence to state, as Plaintiff does in these subparagraphs, that in the preceding respects, Defendant fell below the standafd of cafe, failed to exercise the appropriate standard of care, and failed to conform to the standard of care under the circumstances. That is what these 2 subparagraphs do. They basically say that the all of the specifically identified negligent acts fell below the applicable standard of care. Plaintiff submits that there is nothing improper in such an allegation and that, in fact, it is necessary and appropfiate in a complaint to say that all of such acts fell below the standard of care. 4. This paragraph states a pfayer for relief to which no response is required. WHEREFORE, Plaintiff respectfully requests that the Court deny Defendant's Preliminary Objections, leaving Paragraph 44 of Plaintiffs Complaint intact. Alternatively, Plaintiff would request that the Court grant Plaintiff leave to amend the Complaint if it deems any portion of subparagraph 44 lacking in specificity. Edmund J. Berger Attorney I.D. #53407 Attorney for Plaintiff 2104 Market Street Camp Hill, PA 17011 Phone: 717-920-8900 Fax: 717-920-8901 E-mail: tberaer@beraerlawfirm.net 3 CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the foregoing document, Plaintiff's Answer to Defendant David Calcagno, M.D.'s Preliminary Objections, upon the following persons, in the manner indicated: VIA FIRST CLASS MAIL Kevin H. Wright, Esq. Kevin H. Wright & Associates 446 North Lane - Box 812 Conshohocken, PA 19428 Timothy J. McMahon, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Thomas M. Chairs, Esq. Dickie, McCamey, & Chilcote, P.C. 1200 Camp Hill Bypass, Ste. 205 Camp Hill, PA 17011 Date: April 4, 2006 ~ Edmund J. Berger BERGER LAw FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: Fax: E-Mail: (717) 920-8900 (717) 920-8901 tbergef@bergerlawfirm.net C) , .., ~'.:; 1"1., "- f ) ,) "~4 -'1'-" I,) . -- ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHERINE YINGLING AND DANA YINGLING, HER HUSBAND CIVil DIVISION Plaintiffs vs. No: 05-5511 DAVID CALCAGNO, M.D. HOLY SPIRIT HOSPITAL AND HOLY SPIRIT HEALTH SYSTEM, AND HEAL THSOUTH OF MECHANICSBURG, INC. : AND HEAL THSOUTH REHABILITATION OF MECHANICSBURG - ACUTE REHAB HOSPITAL Defendants MEDICAL MALPRACTICE PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please discontinue the above acti Edmund J. Berge Attorney 1.0. #53407 Attorney for Plaintiff 2104 Market Street Camp Hill, PA 17011 Phone: 717-920-8900 Fax: 717-920-8901 E-mail: tberaer@beraerlaWfirm.net -"-- .....,. CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the foregoing document, Praecipe to Discontinue, upon the following persons, in the manner indicated: VIA FIRST CLASS MAIL Kevin H. Wright, Esq. Kevin H. Wright & Associates 446 North Lane - Box 812 Conshohocken, PA 19428 Timothy J. McMahon, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Thomas M. Chairs, Esq. Dickie, McCamey, & Chilcote, P.C. 1200 Camp Hill Bypass, Ste. 205 Camp Hill, PA 17011 Date: May 16, 2006 BERGER LAw FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 E-Mail: tberger@bergerlawfirm.net o s: ;:g~'~' :-',;1" '" t~( r: ~=.:( ';~'C. )>:;:; :::i --< /" ,....., = (".::::) <.:T' :x ::D- -< o -n --4 :C:-n m- -0 IT. -00 "', 1 ;....; ( ) ::rJ ::f. ,.~ ,1 ~~O ;"'5 n1 ~ l> ~ -.J -0 :3C w I::) -.J .. . SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-05511 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YINGLING KATHERINE ET AL VS CALCAGNO DAVID MD ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and , to wit: and inquiry for the within named DEFENDANT HEALTHSOUTH OF MECHANICSBURG but was unable to locate Them INC HEALTH SOUTH REHAB OF MECH in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to serve the within WRIT OF SUMMONS On February 14th, 2006 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Philadelphia 116.00 Postage .78 141. 78 02/14/2006 BERGER LAW FIRM Sworn and subscribed to before me this 0;; ;.3 / day of :J~ ~'"' d~ {. prot-. otar ~~ R. Thomas Kline Sheriff of Cumberland County . . SHERIFF'S RETURN - REGULAR CASE NO: 2005-05511 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YINGLING KATHERINE ET AL VS CALCAGNO DAVID MD ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon HOLY SPIRIT HOSPITAL HOLY SPIRIT HEALTH SYSTEM the DEFENDANT , at 1345:00 HOURS, on the 4th day of November, 2005 at 210 SENATE AVENUE 3RD FLOOR CAMP HILL, PA 17011 by handing to THERESA PLESCE, ADMIN ASST, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Aft idavi t Surcharge 6.00 14.40 .00 10.00 .00 30.40 So Answers: .~~~d~<:l'~J R. Thomas Kline 02/14/2006 BERGER LAW FIRM Sworn and Subscribed to before By: ~~v~ tV puty Sheriff '" me this )~~ day of j A.D. . . SHERIFF'S RETURN - REGULAR CASE NO: 2005-05511 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YINGLING KATHERINE ET AL VS CALCAGNO DAVID MD ET AL RONALD HOOVER , Sheriff ~or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn..ac;cording to law, was served upon says, the within WRIT OF SUMMONS CALCAGNO DAVID MD the DEFENDANT , at 1422:00 HOURS, on the 3rd day of November, 2005 at 800 POPLAR CHURCH ROAD CAMP HILL, PA 17011 by handing to ADULT IN CHARGE VICKY FISSEL, RECEPTIONIST, a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 14.40 .00 10.00 .00 42.40 Sworn and Subscribed to before me this .l.. y"E-- day of .D. So Answers: ~r'~~~.J. R. Thomas Kline 02/14/2006 BERGER LAW FIRM By: ~ Deputy Sheriff 02/r~/2005 17:05 .. 215gS5015g B&R PAGE 03/03 in The Court of Co~ Pleas of Cumbell"umd County, Pennsylvania Katherine Yingling et a1 VS. S~RVE: David Calcagno et a1 Healthsouth of Mechanics'wrg Inc - No. Healthsouth Rehabilitation of Mechanicsburg - Acute Rehab Hospital 05-5511 civil Now, october 27, 2005 , !, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. . r~~,<t:..~ Sheriff of Cumberland County, P A Affidavit of Service Now, II /q !t15 l(' . Jut" "'" I'/t-.-.r ~/ptijli 10ufA A+~{ U:,l"/Lh ;(L, 'a. J(J )/ hd ,0/6 rcr.(1.tfYp (!) u Au t.cl.s I- ' f( {J~ {,c.. "'1e~brdS . , 20.0.C, at oi; 5 o'clock -f- M. served the within upon at by handing to copy of the original a and made known to the contents thereof. 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