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HomeMy WebLinkAbout06-4995 ANGINO & ROVNER, P.C. Neil J. Ro"er, Esquire Attomey ID# : 22108 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attomeys for Plaintifr(s) EILEEN BATKA Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL 503 North 21st Street Camp Hill, PA 17011 THOMAS W. ALDOUS, M.D. c/o Holy Spirit Hospital 503 North 21st Street Camp Hill, PA 17011 Defendants CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY A NO. C>6 - J199S CTION O // JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street, Carlisle, PA Telephone number- 717- 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de tas demandas que se persentan m4s adelante en las siguientes paginas, debe tomar accibn dentro de los prhximos veinte (20) 328920 dias despu6s de la notification de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a , ]as demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar action Como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demands o cualquier otra reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mss aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes pars used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street, Carlisle, PA Telephone number- 717- 249-3166 328920 ANGINO & ROVNER, Pk. Neil J. Romer, Esquire Attorney IDq 22108 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attomeys for Plaintifljs) EILEEN BATKA Plaintiff V. HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL 503 North 21 st Street Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION NO.01L--.l14Rf' ?? JURY TRIAL DEMANDED THOMAS W. ALDOUS, M.D. c/o Holy Spirit Hospital 503 North 21st Street Camp Hill, PA 17011 Defendants PLAINTIFFS' COMPLAINT 1. Plaintiff Eileen Batka is an adult resident of Mechanicsburg, Cumberland County, Commonwealth of Pennsylvania. 2. Defendant Holy Spirit Health System, t/d/b/a Holy Spirit Hospital (hereinafter referred to as Holy Spirit Hospital) is a health care institution providing a broad range of health care services in Cumberland County, Pennsylvania. Plaintiff is asserting a professional liability claim against the Defendant. A Certificate of Merit is filed herewith. 3. Defendant Dr. Thomas Aldous, is a medical doctor holding himself out as a specialist in the area of emergency medicine, and at all relevant time provided care to patients in Camp Hill, Cumberland County, Pennsylvania. Plaintiff is asserting a professional liability claim against the Defendant. A Certificate of Merit is filed herewith. 4. The facts and occurrence hereinafter related began on or about December 22, 2004. 328920 5. On or about that date, Plaintiff Eileen Batka underwent a thoracic epidural steroid injection performed at Susquehanna Valley Pain Management, P.C., by Dr. Malik Momin. 6. Mrs. Batka had a history of a vertebral compression fracture at T6 and T7 which had caused her pain. 7. On or shortly after the injection, Mrs. Batka began to notice numbness in her legs and chest. 8. She initially called an ambulance, but by the time the ambulance arrived, the numbness had improved. 9. Nevertheless, a short time later the numbness returned and she was having difficulty ambulating and called an ambulance again. 10. The ambulance took her to the Holy Spirit Hospital Emergency Room where she was assessed by agents, servants and employees of Holy Spirit Hospital. It. At that time and place she was complaining of severe pain from the bottom of her rib cage to her chest area and numbness in her lower extremities. 12. Mrs. Batka gave the emergency department employees, agents and servants a history of having had the epidural and facet joint injection earlier that day. 13. Mrs. Batka was given pain medication which was ineffective. 14. Mrs. Batka complained that she was unable to move her legs and was numb up to her upper abdomen. 15. Despite Mrs. Batka's complaints, no MRI was ordered to determine whether or not she was suffering from a spinal hematoma. 16. Mrs. Batka was admitted to the Holy Spirit Hospital in the late evening of December 22, 2004, on an "observant basis." 328920 17. Despite the fact that her condition did not improve and in fact worsened, no further diagnostic tests were ordered. 18. The following morning an MRI was finally ordered. 19. The MRI revealed a large hematoma compressing the spinal cord in Ms. Batka's thoracic spine. 20. As a result, Mrs. Batka underwent emergency surgery to decompress the spinal cord by draining the hematoma. 21. As a result in the delay in testing, diagnosis and treatment of her spinal hematoma, Ms. Batka has suffered weakness and pain affects her ability to walk, bowel and bladder dysfunction, and to pursue her customary activities. 22. A hematoma following epidural injection is a well known complication which is required to be ruled out before a patient is placed in observation. 23. EILEEN BATKA is 68 years old. Her date of birth is June 20, 1938. COUNTI EILEEN BATKA V. THOMAS W. ALDOUS. M.D. 24. Paragraphs 1 through 23 are incorporated herein as if set forth at length. 25. Defendant, Dr. Aldous, who holds himself out to be a specialist in the field of emergency medicine, was negligent and careless in his substandard medical treatment of EILEEN BATKA as follows: a. Failure properly to assess Eileen Batka for epidural hematoma given her physical findings and history of recent spinal injection; b. Failure to order appropriate diagnostic tests including a thoracic MRI. C. Failure to require immediate neurosurgical consultants to assess Ms. Batka; and d. Asking that Ms. Batka be held in observation before ruling out epidural hematoma. 328920 WHEREFORE, Plaintiff EILEEN BATKA demands judgment against Defendant., in an amount in excess of Thirty-Five Thousand ($35,000) Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT II - Corvorate Nealiaence EILEEN BATKA V. HOLY SPIRIT HEALTH SYSTEM, T/D/B/A HOLY SPIRIT HOSPITAL 26. Paragraphs I through 25 are incorporated herein as if set forth at length. 27. Defendant Holy Spirit Hospital, was negligent and careless in his substandard medical treatment of EILEEN BATKA as follows: a. Failure to properly promulgate and follow protocols for the urgent treatment of suspected epidural hematoma; b. failure to require immediate MRI for patient suspected of having developing epidural hematoma; C. Failure to have in place on call coverage for neurosurgical emergencies; d. Failure to have in place proper protocols and procedures for transferring patients to an institution which can provide immediate neurosurgical care when and if care is not available at Holy Spirit Hospital; e. Failure to require immediate consult with an appropri ate neurosurgeon and/or orthopedic surgeon to rule out an enlarging hematoma causing progressive paralysis; f. Failure to transfer Ms. Batka to an institution which could provide immediate care when it was apparent that orthopedic surgeons refused to treat her; and g. Failing to treat or drain Ms. Batka's hematoma in a timely fashion so as to prevent injury to the nerve controlling her bowel and bladder and right leg. 28. As a result of the negligence of Holy Spirit Hospital, Plaintiff has suffered injury to her spine and the nerves controlling her bowel, bladder and lower extremities suffers from weakness in her legs, inability to drive more than a few minutes, constant thoracic pain and leg pain. 328920 WHEREFORE, Plaintiff EILEEN BATKA demands judgment against Defendant. in an amount in excess of Thirty-Five Thousand ($35,000) Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, ANGINO & Date YA2000 Neil J. Pffner ?xtrr? 1. D. No. 221 I 4503 N. Fr t reel Harrisburg, A 17110 (717) 238-6791 Counsel for Plaintiff(s) 129920 ANGINO & ROVNER, P.C. Neil J. Romer, Esquire Attorney ID# : 22108 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) EILEEN BATKA Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL 503 North 21st Street Camp Hill, PA 17011 THOMAS W. ALDOUS, M.D. c/o Holy Spirit Hospital 503 North 21st Street Camp Hill, PA 17011 Defendants CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION NO. JURY TRIAL DEMANDED Certificate of Merit as to Holy Spirit Health System t/d/b/a Holy Spirit Hospital I, Neil J. Rovner, certify that: ( ) an appropriate licensed professional has supplied a written statement to the un ersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR ( ) the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ( ) expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: W Z(f/ 0 (0 328920 ANGINO & ROVNER, P.C. Neil J. Rovner, Esquire Attorney ID# : 22108 4503 North Front Street Harrisburg, PA 17110-1708 (717)238.6791 FAX (717) 238.5610 Attorneys for Plaintiff(s) EILEEN BATKA Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL 503 North 21st Street Camp Hill, PA 17011 THOMAS W. ALDOUS, M.D. c/o Holy Spirit Hospital 503 North 21st Street Camp Hill, PA 17011 Defendants CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION NO. JURY TRIAL DEMANDED Certificate of Merit as to Thomas W. Aldous, M.D. I, Neil J. Rovner, certify that: Vhibited an appropriate licensed professional has supplied a written statement to the signed that there is a basis to conclude that the care, skill or knowledge exercised or by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR ( ) the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ( ) expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: S'12 LI ) 328920 N„ VERIFICATION I, EILEEN BATKA, Plaintiff, have read the foregoing Complaint and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. / W' e q EILEEN BATKA D d:ss ®/9 / e Date: f ?7'D 328920 Y bi ?o d r ? ca G v c: J • -% EILEEN BATKA Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. HOLY SPIRIT HEALTH SYSTEM T/D/B/A HOLY SPIRIT HOSPITAL Holy Spirit Hospital 503 North 21st Street Camp Hill, PA 17011 THOMAS W. ALDOUS, M.D. c/o Holy Spirit Hospital 503 North 21S` Street Camp Hill, PA 17011 Defendants. NO. 06-4995 CIVIL TERM MEDICAL MALPRACTICE JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Wilbur McCoy Otto on behalf of Defendants, Holy Spirit Health System t/d/b/a Holy Spirit Hospital and Thomas W. Aldous, M.D. with respect to the above captioned matter. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, Y.C. Date: September 13, 2006 By: ( ?"'. 0 ? 1? ur McCoy Otto, Esquire Supreme Court. I.D. #01524 Two PPG Place, Suite 400 Pittsburgh, PA 15222 Phone: (412) 281-7272 Counsel to Defendants Holy Spirit Health System t/dlb/a Holy Spirit Hospital and Thomas W. Aldous, M.D. J - ' -w CERTIFICATE OF SERVICE I, Wilbur McCoy Otto, Esquire, hereby certify that a true and correct copy of the foregoing Praecipe for Appearance has been served this 13 day of September, 2006, by U.S. Mail, postage prepaid, upon counsel of record. DICKIE, McCAMEY & CHILCOTE, P.C. B 6?;Z ilbur McCoy Otto, Esquire Attorney for the Defendants, Holy Spirit Health System t/d/b/a Holy Spirit Hospital and Thomas W. Aldous, M.D. Neil J. Rovner, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 2 ?. y ??- ?a f,l' - ?,.- . Y' DICKIE, MCCAMEY & CHILCOTE, P.C. BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY ID. NO. 78565 BY: AARON S. JAYMAN, ESQUIRE ATTORNEY ID. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717) 731-4800 (Tel) (717) 731-4803 (Fax) ATTORNEY FOR DEFENDANTS EILEEN BATKA, NO. 2006-4995 V Plaintiff HOLY SPIRIT HEALTH SYSTEM t/d/b/a HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED Defendants WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Wilbur McCoy Otto on behalf of Defendants, Holy Spirit Health System t/d/d/a Holy Spirit Hospital and Thomas W. Aldous, M.D., with respect to the above-captioned matter. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: October 3, 2006 By: Uvij_? Y 10 V O &b ilbur McCoy Otto, Esquire Supreme Court I. D. #01524 Y -. CERTIFICATE OF SERVICE AND NOW, this 3rd day of October, 2006, I, Wilbur McCoy Otto, 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: Neil J. Rovner, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintifj) Wilbur McCoy Otto ?7 f'+ ?-- ?a - p? _. ' ° ("") -, ?? ?_ --,-a ?: ?,,, _? r,? ?;. i _? r i??i ,-r; -s?? .? ?; _. '- is 1;??' =a a .{ s DICKIE, MCCAMEY & CHILCOTE, P.C. BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY ID. NO. 78565 BY: AARON S. JAYMAN, ESQUIRE ATTORNEY ID. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717) 7314800 (Tel) (717) 7314803 (Fax) ATTORNEY FOR DEFENDANTS EILEEN BATKA, V Plaintiff HOLY SPIRIT HEALTH SYSTEM t/d/b/a HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : NO. 2006-4995 : CIVIL ACTION - : MEDICAL PROFESSIONAL : LIABILITY ACTION : JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Thomas M. Chairs, Esquire and Aaron S. Jayman, Esquire on behalf of Defendants, Holy Spirit Health System t/d/d/a Holy Spirit Hospital and Thomas W. Aldous, M.D., with respect to the above-captioned matter. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. C Date: October 3 2006 BY: Tho . Chairs, e Supr e Court I. D. #78565 Aaron S. Jayman, Esquire Supreme Court I.D. #85651 4*4 CERTIFICATE OF SERVICE AND NOW, this 3rd day of October, 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: Neil J. Rovner, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintifl) Thom. Chairs = ?--- a r? -- ? -? ,_ ?,-? _ .?•. _{ i_>' ?_, r i . _ . ?,? i ,'?? 1 :, qs,.} e { "`i, ?.T . CASE NO: 2006-04995 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BATKA EILEEN VS HOLY SPIRIT HEALTH SYSTEM ETAL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon HOLY SPIRIT HEALTH SYSTEM TDBA HOLY SPIRIT HOSPITAL DEFENDANT the , at 0014:15 HOURS, on the 8th day of September, 2006 at 210 SENATE AVENUE CAMP HILL, PA 17011 3RD FLOOR by handing to TOM MASON (RISK MANAGEMENT) a true and attested copy of NOTICE COMPLAINT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.20 Affidavit .00 Surcharge 10.00 .00 41.20 4/7106 Sworn and Subscibed to before me this day of , So Answers: ??440;?Ie t1p, R. Thomas Kline 09/11/2006 ANGINO & ROVNER By. ---" ? De ty Sher' f A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-04995 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BATKA EILEEN VS HOLY SPIRIT HEALTH SYSTEM ETAL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon ALDOUS THOMAS W MD the DEFENDANT , at 0014:15 HOURS, on the 8th day of September, 2006 at 210 SENATE AVENUE 3RD FLOOR CAMP HILL, PA 17011 TOM MASON (RISK MANAGER) a true and attested copy of NOTICE COMPLIANT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 6.00 .00 Affidavit .00 c.•.-? t Surcharge 10.00 R. Thomas Kline .00 / 16.00v 09/11/2006 41-1 41a-7 A ANGINO & ROVNER Sworn and Subscibed to By: before me this day Dep ty She iff of A.D. by handing to DICKIE, MCCAMEY & CHILCOTE, P.C. BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY ID. NO. 78565 BY: AARON S. JAYMAN, ESQUIRE ATTORNEY ID. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717) 731-4800 (Tel) (717) 731-4803 (Fax) ATTORNEY FOR DEFENDANTS EILEEN BATKA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 2006-4995 V HOLY SPIRIT HEALTH SYSTEM t/d/b/a HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. Defendants : CIVIL ACTION - : MEDICAL PROFESSIONAL : LIABILITY ACTION JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Eileen Batka c/o Neil J. Rovner, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 YOU ARE HEREBY NOTIFIED to plead to the enclosed New Matter of Defendant, Thomas W. Aldous, M.D. to the Plaintiff's Complaint within twenty (20) days from service hereof, or a default judgment may be entered against you. Date: November 2, 2006 DICKIE, McCAMEY & CHINE, P.C. By: Thom . Chairs, Esquire Supreme Ct. I.D. #78565 1200 Camp Hill Bypass - Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 (Counsel to Defendants) DICKIE, MCCAMEY & CHILCOTE, P.C. BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY ID. NO. 78565 BY: AARON S. JAYMAN, ESQUIRE ATTORNEY ID. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717) 731-4800 (Tel) (717) 731-4803 (Fax) ATTORNEY FOR DEFENDANTS EILEEN BATKA, V Plaintiff HOLY SPIRIT HEALTH SYSTEM t/d/b/a HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : NO. 2006-4995 : CIVIL ACTION - : MEDICAL PROFESSIONAL : LIABILITY ACTION JURY TRIAL DEMANDED AND NOW comes Defendant Thomas W. Aldous, M.D. by and through his attorneys, Dickie, McCamey & Chilcote, P.C. and files with an Answer with New Matter to the Plaintiff's Complaint and in support thereof avers as follows: 1. DENIED. After reasonable investigation the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth in paragraph 1 of the Plaintiff's Complaint, and therefore Answering Defendant denies same and demands strict proof thereof at the time of trial. 2. DENIED. Paragraph 2 of the Plaintiff's Complaint refers to party other than the Answering Defendant consequently no response is required. In the alternative to the extent that paragraph 3 of the Plaintiff's Complaint is deemed to contain facts that pertain to the Answering Defendant, those allegations of fact are denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 3. Admitted in part. Denied in part. It is admitted that Dr. Aldous is a board certified emergency room physician that cares for patients in the emergency department of the Holy Spirit Hospital located at 503 North 21St Street, Camp Hill, Pennsylvania 17011. It is specifically and unequivocally denied that the Plaintiff has asserted meritorious cause of action against the Answering Defendant. 4. Paragraph 4 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 5. Paragraph 5 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 6. Paragraph 6 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 7. Paragraph 7 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 8. Paragraph 8 of the Plaintiffs Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 9. Paragraph 9 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 10. Paragraph 10 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 11. Paragraph 11 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 12. Paragraph 12 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 13. Paragraph 13 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 14. Paragraph 14 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 15. Paragraph 15 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 16. Paragraph 16 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 17. Paragraph 17 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 18. Paragraph 18 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 19. Paragraph 19 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 20. Paragraph 20 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 21. Paragraph 21 of the Plaintiff s Complaint sets forth conclusions of law as opposed to statements of fact of law as opposed to statements of fact consequently no response is required. In the alternative, to the extent that paragraph 21 of the Plaintiffs Complaint is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 22. Paragraph 22 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 23. DENIED. After reasonable investigation the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth in paragraph 23 of the Plaintiff's Complaint, and therefore Answering Defendant denies same and demands strict proof thereof at the time of trial. COUNTI EILEEN BATKA V. THOMAS W. ALDOUS, M.D. 24. The above stated response as to Paragraphs 1 through 23 of the Plaintiff's Complaint are incorporated herein as though fully set forth. 25. Paragraph 25 of the Plaintiff's Complaint sets forth conclusions of law as opposed to statements of fact consequently no response is required. In the alternative to the extent that paragraph 25 of the Plaintiff's Complaint is deemed to contain facts to which a responsive pleading is deemed required those allegations of fact are denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029. WHEREFORE, Answering Defendant denies that the Plaintiff is entitled to the relief requested or any relief whatsoever and Answering Defendant further demands that judgment be entered be entered in his favor against the Plaintiff and that the Answering Defendant be awarded appropriate costs and fees. COUNT II - Corporate NeOL3,ence EILEEN BATKA V. HOLY SPIRIT HEALTH SYSTEM, T/D/B/A HOLY SPIRIT HOSPITAL 26. The above stated response as to Paragraphs 1 through 25 of the Plaintiff's Complaint are incorporated herein as though fully set forth. 27. Paragraph 27 of the Plaintiff's Complaint refers to parties other than the Answering Defendant consequently no response is required. In the alternative to the extent that paragraph 27 of the Plaintiff's Complaint is deemed to contain facts which pertain to the Answering Defendant those allegations of fact are denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029. 28. Paragraph 28 of the Plaintiff s Complaint refers to parties other than the Answering Defendant consequently no response is required. In the alternative to the extent that paragraph 28 of the Plaintiff s Complaint is deemed to contain facts which pertain to the Answering Defendant those allegations of fact are denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029. WHEREFORE, Answering Defendant denies that the Plaintiff is entitled to the relief requested or any relief whatsoever and Answering Defendant further demands that judgment be entered be entered in his favor against the Plaintiff and that the Answering Defendant be awarded appropriate costs and fees. NEW MATTER 29. To the extent that the evidence reveals that Plaintiff failed to follow medical advice, failed to treat properly, or otherwise failed to mitigate her damages, this Defendant pleads the defense of the failure to mitigate. 30. To the extent that the evidence reveals that Plaintiff failed to file this action in a timely manner, this Defendant pleads the defense of the statute of limitations. 31. To the extent that the evidence reveals that the Plaintiff had a pre-existing condition that caused or contributed to her injuries, this Defendant pleads the existence of that pre-existing condition as a defense. 32. If at the time of trial it is established that this Defendant accepted less than full payment for certain of Plaintiff's medical expenses or otherwise forgave certain of those expenses, then this Defendant pleads any such set-offs as an affirmative defense. 33. This Defendant raises the acts and/or omissions of third parties over whom Defendants had neither the right nor duty to control as a complete and/or partial bar to Plaintiff's claims. 34. To the extent that the evidence reveals that Plaintiff lacked the capacity to sue at the time this action was commenced, or at any time relevant hereto, this Defendant pleads the lack of capacity to sue as an affirmative defense. 35. To the extent that it is determined that Plaintiff is or was engaged in other litigations or proceedings pertaining to the injuries alleged in this Complaint, this Defendant pleads the defenses of accord and satisfaction, arbitration and award, estoppel, and release. 36. The recovery of medical expenses paid by any third-party, including any insurance carrier, is barred pursuant to Section 508 of the Medical Care Availability and Reduction of Errors Act (Act 13 of 2002 (40 P.S. §1301.508)). 37. Answering Defendant hereby invokes all provisions of the Medical Care Availability and Reduction of Error Act to the extent such provisions constitute affirmative defenses to Plaintiffs claims. Respectfully submitted, DICKIE, MCCCAAMEY & CHILI E, P.C. Date: November 2, 2006 By: Tho M. Chairs, Esquire Supreme Court I. D. #78565 Aaron S. Jayman, Esquire Supreme Court I.D. #85651 PC-151 VERIFICATION I, Thomas Aldous, M.D., hereby verify that the facts set forth in the Defendant's Answers to Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date. 17 e7d- OG By. Thomas Aldous, M.D. CERTIFICATE OF SERVICE AND NOW, this 2°a day of November, 2006, I, Thomas A 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: Neil J. Rovner, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintifj) Thom . hairs _.? r7 4'? k- ? ('. ._ .? ,.. x ,,;?:. .__? , ?' ?? , $ ? ?t -• _,' , t ??? ? :a !?.7 C:?. DICKIE, MCCAMEY & CHILCOTE, P.C. BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY ID. NO. 78565 BY: AARON S. JAYMAN, ESQUIRE ATTORNEY ID. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717) 7314800 (Tel) (717) 7314803 (Fax) ATTORNEY FOR DEFENDANTS EILEEN BATKA, V Plaintiff HOLY SPIRIT HEALTH SYSTEM t/d/b/a HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. Defendants : CIVIL ACTION - : MEDICAL PROFESSIONAL : LIABILITY ACTION : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Eileen Batka c/o Neil J. Rovner, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 YOU ARE HEREBY NOTIFIED to plead to the enclosed New Matter of Defendant, Holy Spirit Hospital to the Plaintiff's Complaint within twenty (20) days from service hereof, or a default judgment may be entered against you. Date: November 2, 2006 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 2006-4995 DICKIE, MCCAMEY & CHI I TE, P.C. By: Thomas-M. Chairs, Esquire Supreme Ct. I.D. #78565 1200 Camp Hill Bypass - Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 (Counsel to Defendants) DICKIE, MCCAMEY & CHILCOTE, P.C. BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY ID. NO. 78565 BY: AARON S. JAYMAN, ESQUIRE ATTORNEY ID. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717) 7314800 (Tel) (717) 7314803 (Fax) ATTORNEY FOR DEFENDANTS EILEEN BATKA, V Plaintiff HOLY SPIRIT HEALTH SYSTEM t/d/b/a HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : NO. 2006-4995 : CIVIL ACTION - : MEDICAL PROFESSIONAL : LIABILITY ACTION : JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF THE HOLY SPIRIT HOSPITAL TO THE PLAINTIFF'S COMPLAINT AND NOW comes Defendant Holy Spirit Hospital, by and through its attorneys, Dickie, McCamey & Chilcote, P.C. and files with an Answer with New Matter to the Plaintiff's Complaint and in support thereof avers as follows: 1. DENIED. After reasonable investigation the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth in paragraph 1 of the Plaintiff's Complaint, and therefore Answering Defendant denies same and demands strict proof thereof at the time of trial. 2. It is admitted that the Holy Spirit Hospital is the entity which fulfils the corporate health care responsibilities of the Hospital located at 503 North 21St Street, Camp Hill, Pennsylvania 17011. It is specifically and unequivocally denied that the Plaintiff has asserted a meritorious claim against the Holy Spirit Hospital. By way of further response Paragraph 2 of the Plaintiff's Complaint contains allegations of the fact which pertain to partes other than Answering Defendant consequently no response is required. By way of further response to the extent that allegations of fact are deemed to pertain to the Answering Defendant those allegations of fact are denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 3. Paragraph 3 of the Plaintiff's Complaint refers to party other than the Answering Defendant consequently no response is required. In the alternative to the extent that paragraph 3 of the Plaintiff's Complaint is deemed to contain facts that pertain to the Answering Defendant, those allegations of fact are denied generally as after reasonable investigation the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth therein. 4. Paragraph 4 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 5. Paragraph 5 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 6. Paragraph 6 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 7. Paragraph 7 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 8. Paragraph 8 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 9. Paragraph 9 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 10. Paragraph 10 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 11. Paragraph 11 of the Plaintiffs Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 12. Paragraph 12 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 13. Paragraph 13 of the Plaintiffs Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 14. Paragraph 14 of the Plaintiffs Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 15. Paragraph 15 of the Plaintiffs Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 16. Paragraph 16 of the Plaintiffs Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 17. Paragraph 17 of the Plaintiffs Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 18. Paragraph 18 of the Plaintiffs Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 19. Paragraph 19 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 20. Paragraph 20 of the Plaintiffs Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 21. Paragraph 21 of the Plaintiff's Complaint sets forth conclusions of law as opposed to statements of fact of law as opposed to statements of fact consequently no response is required. In the alternative, to the extent that paragraph 21 of the Plaintiff's Complaint is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 22. Paragraph 22 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 23. DENIED. After reasonable investigation the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth in paragraph 23 of the Plaintiff's Complaint, and therefore Answering Defendant denies same and demands strict proof thereof at the time of trial. COUNTI EILEEN BATKA V. THOMAS W. ALDOUS, M.D. 24. The above stated response as to Paragraphs 1 through 23 of the Plaintiff's Complaint are incorporated herein as though fully set forth. 25. Paragraph 25 of the Plaintiff's Complaint refers to a party other than the Answering Defendant consequently no response is required. In the alternative to the extent that paragraph 25 of the Plaintiff's Complaint is deemed to contain facts to which a responsive pleading is deemed required those allegations are denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029. WHEREFORE, Answering Defendant denies that the Plaintiff is entitled to the relief requested or any relief whatsoever and Answering Defendant further demands that judgment be entered be entered in their favor against the Plaintiff and that the Answering Defendant be awarded appropriate costs and fees. COUNT II - Corporate Neelieence EILEEN BATKA V. HOLY SPIRIT HEALTH SYSTEM, T/D/B/A HOLY SPIRIT HOSPITAL 26. The above stated response as to Paragraphs 1 through 25 of the Plaintiff's Complaint are incorporated herein as though fully set forth. 27. Paragraph 27 of the Plaintiff's Complaint sets forth conclusions of law to as opposed to statements of fact consequently no response is required. In the alternative to the extent that Paragraph 27 of the Plaintiffs' Complaint is deemed to contain facts which a responsive pleading is deemed required those allegations of fact are denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 28. DENIED. Paragraph 28 of the Plaintiff's Complaint sets forth conclusions of law as opposed to statement of fact consequently no response is required. In the alternative to the extent that Paragraph 28 of the Plaintiffs' Complaint is deemed to contain facts to which a responsive pleading is required those allegations of fact are denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029. WHEREFORE, Answering Defendant denies that the Plaintiff is entitled to the relief requested or any relief whatsoever and Answering Defendant further demands that judgment be entered be entered in their favor against the Plaintiff and that the Answering Defendant be awarded appropriate costs and fees. NEW MATTER 29. To the extent that the evidence reveals that Plaintiff failed to follow medical advice, failed to treat properly, or otherwise failed to mitigate her damages, this Defendant pleads the defense of the failure to mitigate. 30. To the extent that the evidence reveals that Plaintiff failed to file this action in a timely manner, this Defendant pleads the defense of the statute of limitations. 31. To the extent that the evidence reveals that the Plaintiff had a pre-existing condition that caused or contributed to her injuries, this Defendant pleads the existence of that pre-existing condition as a defense. 32. If at the time of trial it is established that this Defendant accepted less than full payment for certain of Plaintiff's medical expenses or otherwise forgave certain of those expenses, then this Defendant pleads any such set-offs as an affirmative defense. 33. This Defendant raises the acts and/or omissions of third parties over whom Defendants had neither the right nor duty to control as a complete and/or partial bar to Plaintiff's claims. 34. To the extent that the evidence reveals that Plaintiff lacked the capacity to sue at the time this action was commenced, or at any time relevant hereto, this Defendant pleads the lack of capacity to sue as an affirmative defense. 35. To the extent that it is determined that Plaintiff is or was engaged in other litigations or proceedings pertaining to the injuries alleged in this Complaint, this Defendant pleads the defenses of accord and satisfaction, arbitration and award, estoppel, and release. 36. The recovery of medical expenses paid by any third-party, including any insurance carrier, is barred pursuant to Section 508 of the Medical Care Availability and Reduction of Errors Act (Act 13 of 2002 (40 P.S. §1301.508)). 37. Answering Defendant hereby invokes all provisions of the Medical Care Availability and Reduction of Error Act to the extent such provisions constitute affirmative defenses to Plaintiffs claims. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: November 2, 2006 By: Tho as . Chairs, Esquire Supreme Court I. D. #78565 Aaron S. Jayman, Esquire Supreme Court I.D. #85651 PC-151 VERIFICATION I, Franchesca J. Charney, Director, Risk Management, hereby verifies that the facts set forth in the Defendant's Answers to the Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. HOLY SPIRIT HEALTH SYSTEM t/d/b/a HOLY SPIRIT HOSPITAL Date: loll By: Franchesca J. Charney irector CERTIFICATE OF SERVICE AND NOW, this 2°a day of November, 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: Neil J. Rovner, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintiffi Thom M /Chairs u C) r:5 C 7 C'.7 tl 57, is DICKIE, MCCAMEY & CHILCOTE, P.C. BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY ID. NO. 78565 BY: AARON S. JAYMAN, ESQUIRE ATTORNEY ID. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717) 731-4800 (Tel) (717) 731-4803 (Fax) ATTORNEY FOR DEFENDANTS EILEEN BATKA, Plaintiff V HOLY SPIRIT HEALTH SYSTEM t/d/b/a HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 2006-4995 CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Eileen Batka c/o Neil J. Rovner, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 YOU ARE HEREBY NOTIFIED to plead to the enclosed New Matter of Defendant, Holy Spirit Health System to the Plaintiff s Complaint within twenty (20) days from service hereof, or a default judgment maybe entered against you. DICKIE, McCAMEY & CHILCOTE, P.C. Date: November 2, 2006 By: Supremo Ct. I.D. #78565 1200 Camp Hill Bypass - Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 (Counsel to Defendants) DICKIE, MCCAMEY & CHILCOTE, P.C. BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY ID. NO. 78565 BY: AARON S. JAYMAN, ESQUIRE ATTORNEY ID. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717) 731-4800 (Tel) (717) 731-4803 (Fax) EILEEN BATKA, V Plaintiff HOLY SPIRIT HEALTH SYSTEM t/d/b/a HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. Defendants ATTORNEY FOR DEFENDANTS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : NO. 2006-4995 : CIVIL ACTION - : MEDICAL PROFESSIONAL : LIABILITY ACTION JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF THE HOLY SPIRIT HEALTH SYSTEM TO THE PLAINTIFF'S COMPLAINT AND NOW comes Defendant Holy Spirit Health System, by and through its attorneys, Dickie, McCamey & Chilcote, P.C. and files with an Answer with New Matter to the Plaintiff's Complaint and in support thereof avers as follows: 1. DENIED. After reasonable investigation the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth in paragraph 1 of the Plaintiff's Complaint, and therefore Answering Defendant denies same and demands strict proof thereof at the time of trial. 2. DENIED. Defendant Holy Spirit Health System is an administrative entity that does not provide health care to patients. By way of further response it is specifically and unequivocally denied that the Plaintiffs have set forth a meritorious claim against Holy Spirit Health System. The balance of the allegations set forth in Paragraph 2 of the Plaintiff's Complaint refers to party other than the Answering Defendant consequently no response is required. 3. Paragraph 3 of the Plaintiff's Complaint refers to party other than the Answering Defendant consequently no response is required. In the alternative to the extent that paragraph 3 of the Plaintiff's Complaint is deemed to contain facts that pertain to the Answering Defendant, those allegations of fact are denied generally as after reasonable investigation the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth therein. 4. Paragraph 4 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. Paragraph 5 of the Plaintiff s Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 6. Paragraph 6 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 7. Paragraph 7 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 8. Paragraph 8 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 9. Paragraph 9 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 10. Paragraph 10 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 11. Paragraph 11 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 12. Paragraph 12 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 13. Paragraph 13 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 14. Paragraph 14 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 15. Paragraph 15 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 16. Paragraph 16 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 17. Paragraph 17 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 18. Paragraph 18 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 19. Paragraph 19 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 20. Paragraph 20 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 21. Paragraph 21 of the Plaintiff's Complaint sets forth conclusions of law as opposed to statements of fact of law as opposed to statements of fact consequently no response is required. In the alternative, to the extent that paragraph 21 of the Plaintiff's Complaint is deemed to contain facts to which a responsive pleading is deemed required, those allegations of fact are denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 22. Paragraph 22 of the Plaintiff's Complaint is denied generally in accord with the Pennsylvania Rules of Civil Procedure 1029. 23. DENIED. After reasonable investigation the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth in paragraph 23 of the Plaintiff's Complaint, and therefore Answering Defendant denies same and demands strict proof thereof at the time of trial. COUNTI EILEEN BATKA V. THOMAS W. ALDOUS, M.D. 24. The above stated response as to Paragraphs 1 through 23 of the Plaintiff's Complaint are incorporated herein as though fully set forth. 25. Paragraph 25 of the Plaintiff's Complaint refers to a party other than the Answering Defendant consequently no response is required. In the alternative to the extent that paragraph 25 of the Plaintiff's Complaint is deemed to contain facts to which a responsive pleading is deemed required those allegations are denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029. WHEREFORE, Answering Defendant denies that the Plaintiff is entitled to the relief requested or any relief whatsoever and Answering Defendant further demands that judgment be entered be entered in their favor against the Plaintiff and that the Answering Defendant be awarded appropriate costs and fees. COUNT II - Corporate Nealizence EILEEN BATKA V. HOLY SPIRIT HEALTH SYSTEM, T/DB/A HOLY SPIRIT HOSPITAL 26. The above stated response as to Paragraphs 1 through 25 of the Plaintiff's Complaint are incorporated herein as though fully set forth. 27. DENIED. Defendant Holy Spirit Health System is an administrative entity that does not provide health care to patients. By way of further response the allegations contained in Paragraph 27 of the Plaintiff's Complaint constitute conclusion of law to which no response is required. In the alternative to the extent that Paragraph 27 of the Plaintiffs' Complaint is deemed to contain allegations of fact which pertain to the Holy Spirit Health System, those allegations of fact are denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029. By way of further response Paragraph 27 of the Plaintiff's Complaint contains allegations pertaining to parties other than the Holy Spirit Health System to which no response is required. To the extent Paragraph 27 of the Plaintiff's Complaint contains allegations of fact which are deemed to pertain to the Holy Spirit Health System, those allegations of fact are denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. 28. DENIED. Defendant Holy Spirit Health System is an administrative entity that does not provide health care to patients. By way of further response the allegations contained in Paragraph 28 of the Plaintiff's Complaint constitute conclusion of law to which no response is required. In the alternative to the extent that Paragraph 28 of the Plaintiffs' Complaint is deemed to contain allegations of fact which pertain to the Holy Spirit Health System, those allegations of fact are denied generally in accord with the Pennsylvania Rule of Civil Procedure 1029. By way of further response Paragraph 28 of the Plaintiff's Complaint contains allegations pertaining to parties other than the Holy Spirit Health System to which no response is required. To the extent Paragraph 28 of the Plaintiff's Complaint contains allegations of fact which are deemed to pertain to the Holy Spirit Health System, those allegations of fact are denied generally in accord with Pennsylvania Rule of Civil Procedure 1029. WHEREFORE, Answering Defendant denies that the Plaintiff is entitled to the relief requested or any relief whatsoever and Answering Defendant further demands that judgment be entered be entered in their favor against the Plaintiff and that the Answering Defendant be awarded appropriate costs and fees. NEW MATTER 29. To the extent that the evidence reveals that Plaintiff failed to follow medical advice, failed to treat properly, or otherwise failed to mitigate her damages, this Defendant pleads the defense of the failure to mitigate. 30. To the extent that the evidence reveals that Plaintiff failed to file this action in a timely manner, this Defendant pleads the defense of the statute of limitations. 31. To the extent that the evidence reveals that the Plaintiff had a pre-existing condition that caused or contributed to her injuries, this Defendant pleads the existence of that pre-existing condition as a defense. 32. If at the time of trial it is established that this Defendant accepted less than full payment for certain of Plaintiff's medical expenses or otherwise forgave certain of those expenses, then this Defendant pleads any such set-offs as an affirmative defense. 33. This Defendant raises the acts and/or omissions of third parties over whom Defendants had neither the right nor duty to control as a complete and/or partial bar to Plaintiff's claims. 34. To the extent that the evidence reveals that Plaintiff lacked the capacity to sue at the time this action was commenced, or at any time relevant hereto, this Defendant pleads the lack of capacity to sue as an affirmative defense. 35. To the extent that it is determined that Plaintiff is or was engaged in other litigations or proceedings pertaining to the injuries alleged in this Complaint, this Defendant pleads the defenses of accord and satisfaction, arbitration and award, estoppel, and release. 36. The recovery of medical expenses paid by any third-party, including any insurance carrier, is barred pursuant to Section 508 of the Medical Care Availability and Reduction of Errors Act (Act 13 of 2002 (40 P.S. §1301.508)). 37. Answering Defendant hereby invokes all provisions of the Medical Care Availability and Reduction of Error Act to the extent such provisions constitute affirmative defenses to Plaintiffs claims. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: November 2, 2006 By: Thoniw M.Xhairs, Esquire Supreme Court I. D. #78565 Aaron S. Jayman, Esquire Supreme Court I.D. #85651 PC-151 VERIFICATION I, Franchesca J. Charney, Director, Risk Management, hereby verifies that the facts set forth in the Defendant's Answers to the Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. HOLY SPIRIT HEALTH SYSTEM t/d/b/a HOLY SPIRIT HOSPITAL Date: 10110aoo o By: ?Nlta? Franchesca J. Cha ey, Director CERTIFICATE OF SERVICE AND NOW, this 2°d day of November, 2006, I, Thomas A 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: Neil J. Rovner, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintif,) i Thomas hairs R _ i? ANGINO & ROVNER, P.C. Neil J. Rovner, Esquire Attorney ID# : 22108 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) EILEEN BATKA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D., Defendants CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION NO. 06-4995-Civil Term JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANTS HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL AND THOMAS W. ALDOUS, M.D. 29. The allegations in Plaintiffs Complaint are incorporated herein by reference. Plaintiff denies that she failed to follow any medical advice or otherwise failed to mitigate her damages in any manner. 30. Denied. This case is timely filed. 31. Denied. Defendants must take the Plaintiff has they find her regardless of pre- existing conditions. 32. This is an assertion of law to which no response is necessary. 33. Denied. The actions of the Defendants were a substantial factor in bringing about the injuries to the Plaintiff. 34. Denied. Plaintiff at all times relevant had a capacity to sue. 35. Denied. This is an incorrect statement of the law and the Plaintiff is not engaged in any other litigation pertaining to the injuries alleged in this Complaint which 332267 A. could give rise to a defense of accord and satisfaction, arbitration and award, estoppel or release. 36. This is an assertion of law to which no response is necessary. 37. Such defense is available at law to which no response is necessary. WHEREFORE, Plaintiff respectfully request that this Honorable Court DISMISS the new matter of Defendants Holy Spirit Health System t/d/b/a Holy Spirit Hospital, and Thomas W. Aldous, M.D. Respectfully submitted, ANGINO & ROVNER, P.C. Date: I I I ?? 340757 337210 Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff(s) r ATTORNEY AFFIDAVIT I, Lisa M. B. Woodburn, Esquire, state that I am counsel for Plaintiff, that I am authorized to make this Verification on behalf of said Plaintiff, and have read the foregoing and do hereby declare and affirm that the facts set forth in the foregoing are correctly derived from the discovery record. I understand that this Verification is made subject to the penalties of 28 U.S.C. § 1746, relating to unsworn falsification to authorities. Sworn to and subscribed to before me on thisSu"-,%day of November, 2006 a?--2A DOC'/Gl- Notary Public kl? FO UK sM M INSANE M. 6ALlAM NQW FM =11SQlIOMM 1W.,, QAU" a w =MISSION Evam La.16 340757 4 CERTIFICATE OF SERVICE I, Megan Moll, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the foregoing upon all counsel of record via postage prepaid first class United States mail addressed as follows: Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 l'1Q,w..-n -Y)'TGLU Meg Moll Dated: (I I Ou 340757 -., L ?? I` L r ' f ' k. 0 i. INO -i A 117690 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: FRANCIS E. MARSHALL, JR., ESQUIRE ATTORNEY FOR: DEFENDANTS ATTORNEY I.D. NO. 27594 HOLY SPIRIT HEALTH SYSTEM T/DB/A BY: AARON S. JAYMAN, ESQUIRE HOLY SPIRIT HOSPITAL, THOMAS W. ATTORNEY I.D. NO. 85651 ALDOUS, M.D. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 ax EILEEN BATKA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. , NO. 2006-4995 MEDICAL MALPRACTICE ACTION Defendants JURY TRIAL DEMANDED DEFENDANTS' MOTION TO COMPEL COMPLIANCE WITH SUBPOENA AND NOW, come Defendants, Holy Spirit Health System t/d/b/a Holy Spirit Hospital, and Thomas W. Aldous, M.D., by and through their counsel, Dickie, McCamey & Chilcote, P.C. and respectfully request that this Honorable Court compel the Cumberland County Office of Aging to produce the complete copy of Plaintiff's records to Defendants, and in support thereof aver as follows: 1. Plaintiff initiated this medical professional liability action by filing a Complaint on or about August 28, 2006. 2. Plaintiff alleges that the Defendants were negligent for failing to timely diagnose and treat a spinal hematoma. See, Complaint, ¶ 21. 3. During written discovery, Plaintiff identified various healthcare providers and agencies from which she received medical care and treatment related to her alleged injuries. 4. Specifically, Plaintiff identified the Cumberland County Office of Aging as providing medical services relative to her alleged injuries. 5. On February 19, 2007, Defendant served a Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21. A copy of the Notice of Subpoena directed to the Cumberland County Office of Aging is attached hereto as Exhibit "A." 6. No objection to the subpoena was received and on or about March 12, 2007, a subpoena was served on the Cumberland County Office of Aging for copies of all medical records regarding Plaintiff, Eileen Batka. See, Exhibit "B." 7. On March 22, 2007, notice was sent to the Cumberland County Office of Aging indicating that the agency had not responded to the subpoena for Plaintiff's medical records as required. See, Exhibit "C." 8. On April 14, 2007, notice again was sent to the Cumberland County Office of Aging advising that the Agency had failed to respond to the subpoena issued to the office for Plaintiff s medical records. 9. Counsel for the undersigned subsequently received a call from Solicitor DeLuca advising the undersigned to file a motion to allow for the release of Plaintiffs medical records from the Cumberland County Office of Aging. 10. Accordingly, it is respectfully submitted that this Honorable Court enter an Order directing the release of Plaintiffs medical records from the Cumberland County Office of Aging so that Defendants may fully evaluate Plaintiffs claims and alleged injuries. 2 11. Plaintiff's counsel was provided with a copy of the instant Motion prior to filing and concurs in the Motion and the release of Plaintiffs medical records from the Cumberland County Office of Aging. 12. No judge has issued any Orders or had any involvement in the above-referenced matter. WHEREFORE, Defendants, Holy Spirit Health System t/d/b/a Holy Spirit Hospital, and Thomas W. Aldous, M.D., respectfully request that this Honorable Court enter the attached Order. Date: May 29, 2007 By: Respectfully submitted, DICIGE, MCCAMEY & CHILCOTE, P.C. Francis E , Jr., Esquire ATTO 0.27594 Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Holy Spirit Health System t/d/bla Holy Spirit Hospital, Thomas W. Aldous, M. D. 3 Fyt,tj6j+- rMMMOMAUTH OF PENM5MVANIA COIIM OF BATKA Vs. File No. HOLY SPIRIT HOSP SYSTEM 20064995 MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR TH I NOS FOR DISCOVERY PURSUANT TO RULE 4009.22 CUMBERLAND CO OFC AGING, 16 W HIGH ST, CARLISLE PA 17013 TO: ATTN: CUSTODIAN OF RECORDS (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents orStjngS• _ 1-1A CT= AMEMUM at MEDICAL LEGAL REPRODUCTIONS ,(AWC j$s1940 DISSTON ST., PHILA. , PA You may deliver or mail legible copies of the documents or produce things requested b? this subpoena, together with the certificate of cacip 1 i ance, to the party making th i request at the address listed above. You have the right to seek in advance the reasonablc- cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thi3 subpoena may seek a court orde;? crape l l ing you to cai l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: THOMAS M CHAIRS, ESQ ADDRESS: 1200 r-AMP HTT,T. BYPASS CAMP Hthh, 17011 TELEPHONE : SUPREME COURT I D 4 215-335-3212 ATTORNEY FOR: DEFENDAN'T' M338894-05 BY THE COURT: Prothonotary/Clerk, Civil Division DATE: Seal of the Court Deputy (Eff. 7/97) BATKA Vs. ADDENDUM TO SUBPOENA HOLY SPIRIT HOSP SYSTEM No. 20064995 CUSTODIAN OF RECORDS FOR : CUMBERLAND CO OFC AGING ANY AND ALL COPIES OF MEDICAL RECORDS REGARDING EILEEN BATKA FROM BEFORE DECEMBER 231 2004 TO PRESENT. TO INCLUDE BUT NOT LIMITED TO ALL CORRESPONDENCE, APPLICATIONS, MEDICAL CONSULTATIONS, MEDICAL RECORDS, MEDICAL EXAM REPORTS, MEDICAL BILLING & RADIOLOGY REPORTS. PERTAINING TO: NAME: EILEEN BATKA ADDRESS: DATE OF BIRTH: 06/20/38 SSAN: XXXXX8203 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature or CUMBERLAND CO OFC AGING CUMBERLAND M338894-05 * * * SIGN AND RETURN THIS PAGE * * * Xh?1pi?' ?'' 04/19/2007 14:46 FAX 2153382980 MLR [a 002 IN THE COURT OF COMMON PLEAS OF CUMBERLAIND COUNTY BATKA Vs. HOLY SPIRIT HOSP SYSTEM NO. 20064995 CERTIFICATE PRFJ"UISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena(s) for documents and things pursuant to Rule 4009.22 THOMM M CHAIRS, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of intent to Serve the Subpoena (s) . Date: 03/12/07 THOMAS M CHAIRS, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 717-731.4800 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3581 By : Jenn.i f er Shprintz File #: M338894 04/19/2007 14:46 FAX 2153382980 MLR Q003 IN TAE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BATKA Vs. HOLY SPIRIT HOSP SYSTEM No. 20064995 TO: NEIL.ROVNER, ESQ (PLAINTIFF) NOTICE OF IN'T'ENT .TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE-4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date_ 02/19/07. THOMAS M CHAIRS, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 ATTORNEY FOR DEFENDANT INQUTAIFS SHOULD BE ADDR'ESSM To: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3581 By: Jennifer Shprintz Enc (s) : copy of subpoena(s) Counsel return card File #: M338894 04/19/2007 14:46 FAX. 2153382980 MLR 0 004 COMMOtO ALTH OF PEN MVANM COUM OF BATKA Vs. HOLY SPIRIT HOSP SYSTEM File No. 20064995 SI§POENA TOP QOIWM ITS OAR -TH IINNf BILLING RSQQSS'T'ED FOR 01800NERY PURSUANT TO RULE 4009.22 CUMBERLAND CO OFC AGING, 16 W HXGH ST, CARLISLE PA 17013 To: __ ATTN: CUSTODIAN OF RECORDS (Nana of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents o ngs • _ M=3:CAL LEGAL REPRODUCTION9,(A? C?9$?940 DISSTON ST. F P8I . , PA You nay deliver or mail legible copies of the doctnrAnts or produce things requested h} this subpoena, together with the certificate of cane 1 iance, to the party making th i c request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. if you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the. party serving thin subpoena may seek a court ordw- canpo l l ing you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: THOMAS 'M CMURS, • ,ESQ ADDRESS: 12 n n rnHrp T? LL BYPASS CAMP &&?F 17011 TELEPHONE SUPREME 0OURT I D 0 215-335-3212 ATTORNEY FOR: DEFENDANT M338894-05 DATE : Cu Sea 1 of the Court BY THE T : I ?Ie72 Ir Pro , Civi 1 Division Deputy (Ef f . 1/97) 04/19/2007 14:46 FAX 2153382980 MLR Q005 ADDENDUM TO SUBPOENA BATKA Vs. HOLY SPIRIT HOSP SYSTEM No. 20064995 CUSTODIAN OF RECORDS FOR : CUMBERLAND CO OFC AGING ANY AND ALL COPIES OF MEDICAL RECORDS REGARDING EILEEN BATKA FROM BEFORE DECEMBER 23, 2004 TO PRESENT. TO INCLUDE BUT NOT LIMITED TO ALL CORRESPONDENCE, APPLICATIONS, MEDICAL CONSULTATIONS, MEDICAJ, RECORDS, MEDICAL EXAM REPORTS, MEDICAL BILLING & RADIOLOGY REPORTS. PERTAINING TO: NAME: EILEEN BATKA ADDRESS: DATE OF BIRTH: 06/20/38 SSAN: XXXXX8203 MEDICAL BILLING REQUESTED CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS A.REATTAWED HERETO: I; hereby certify as custodian of records that, to the best of my-knowledge, information and belief all documents or things above mentioned have been produced. C ] NO DOCUMENTS AVAHABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Aut orize signature or CUMBERIAND CO OPC AGING CUMBERLAND M338894-05 * * * SIGN AND RETURN THIS PAGE E.-Ahibi* M T ? L R MEL -t"CAL LEGAL N EPA JDUCTIONSINC. M_ Phone: (215) 335-3212 Jefferson Bldg., Suite 926 4940 Disston Street Fix: (215) 338-2980 1015 Chestnut Street Philadelphia, Pa. 19135 E-mail Address: kgai@medfeg.com Philadelphia, Pa 19107 RECIVED Mar 22, 2007 CUMBERLAND CO OFC AGING MAR 2 6 2007 16 W HIGH ST CARLISLE PA 17013 ATTN: CUSTODIAN OF RECORDS Re: EILEEN BATKA Caption: BATKA v. HOLY SPIRIT HOSP SYSTEM Our File #: M338894-05 DEAR RECORD CUSTODIAN: Our records indicate that a subpoena/authorization for records of the above captioned individual was delivered to your office and that you have not responded to same. In order to assist you in responding to this request we are listing below the information requested: ANY AND ALL COPIES OF MEDICAL RECORDS REGARDING EILEEN BATKA FROM BEFORE DECEMBER 231 2004 TO PRESENT. TO INCLUDE BUT NOT LIMITED TO ALL CORRESPONDENCE, APPLICATIONS, MEDICAL CONSULTATIONS, MEDICAL RECORDS, MEDICAL EXAM REPORTS, MEDICAL BILLING & RADIOLOGY REPORTS. PERTAINING TO: EILEEN BATKA of D.O.B. - 06/20/38 SSAN - XXXXX8203 D.O.A. - 12/23/04 PLEASE NOTE INFORMATION REQUESTED IS DUE BY: 03/22/07 Please contact our office immediately upon receipt of this letter if you would like us to come to your office to copy the documents. If you require additional information please contact the undersigned as soon as possible. Thanking you in advance for your anticipated cooperation. Very truly yours, Jennifer Shprintz MEDICAL LEGAL REPRODUCTIONS (215) 335-3581 --? cc: THOMAS M CHAIRS, ESQ 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 Your File #: PC151 Claim #: EILEENBATKA CERTIFICATE OF SERVICE AND NOW, May 29, 2007, I, Aaron S. Jayman, Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Neil J. Rovner, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 Anthony L. Deluca, Esquire 113 Front St., P.O. Box 358 Boiling Springs, PA 17007 Aaron S. Ja q e . - : T r t n _ ru)r p r o .. -l-l. N L EILEEN BATKA, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. , Defendants MAY i 120U/ a? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4995 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED ORDER AND NOW, this /y- day of da, ll , 2007, upon consideration of Defendants' Motion to Compel Compliance with Subpoena, it is hereby ORDERED and DECREED that said Motion is GRANTED. The Cumberland County Office of Aging is hereby ordered to produce the complete copy of Plaintiff, Eileen Batka's, records to Defendants' counsel within fourteen (14) days from the date of this order. DISTRIBUTION: eil J. Rovner, Esquire Angino & Rovner, P.C. 4503 North Front St. Harrisburg, PA 17110 ,41(aron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 J nthony L. Deluca, Esquire {/ 113 Front St., P.O. Box 358 Boiling Springs, PA 17007 BY THE COURT: LZ .C Wd I- Nnr LOOZ AWGQ IO,?d vHl J4 3OL4,? '-a3IId ANGINO & ROVNER, P.C. Neil J. Rovner, Esquire Attorney ID# : 22108 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) EILEEN BATKA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. HOLY SPIRIT HEALTH SYSTEM T/D/B/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D., Defendants CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION NO. 06-4995-Civil Term JURY TRIAL DEMANDED PLAINTIFF'S MOTION FOR A STATUS CONFERENCE AND NOW, comes Plaintiff Eileen Batka, by and through her counsel, Angino & Rovner, P.C., to respectfully request Your Honorable Court to schedule a Status Conference in the above-captioned action for the following reasons: 1. The Complaint in this matter was filed on August 28, 2006, and served on the Defendants by the Sheriff on September 8, 2006. 2. The Honorable Kevin Hess issued an Order dated June 1, 2007 regarding compliance with a subpoena. 3. On September 26, 2006, Plaintiffs forwarded Interrogatories and Request for Production of Documents to Defendant. 382328 A 1 4. Defendants responded to Plaintiff's discovery requests on April 20, 2007. 5. Defendant, Thomas W. Aldous, M.D. was deposed on April 25, 2007. 6. Plaintiff is taking the deposition of Eric Binder, M.D. on April 30, 2008. 7. As of the filing of the instant Motion, Defendants have not yet conducted or attempted to schedule the deposition of Plaintiff, Eileen Batka. 8. Counsel for Plaintiff and Defendants believe it is in all parties' interests to have the Court set deadlines for the completion of all discovery and also set a date or term for trial. 9. On April 16, 2008, Plaintiffs' counsel contacted Defendants' counsel via email, and it is Plaintiff's understanding that Defendants' counsel concurs with the filing of this Motion for a Status Conference. 10. Plaintiff is represented by Neil J. Rovner, Esquire of Angino & Rovner, P.C., 4503 North Front Street, Harrisburg, PA 17110,(717)238-6791. 11. Defendants are represented by Thomas M. Chairs, Esquire, Dickie, McCamey & Chilcote, P.C., 1200 Camp Hill Bypass, Ste 205, Camp Hill, PA 17011, (717) 731-4800. WHEREFORE, Plaintiff respectfully requests Your Honorable Court to schedule a Status Conference for the purposes of establishing discovery deadlines and a trial date. Respectfully submitted, o,,. q Jr7 (A ANGINO & RQVNI9./f.C. Neil J. Rovg4ef, Esc I.D. No. P 22108 4503 North Front Street Harrisburg, PA 17110 Counsel for Plaintiffs .com 382328 CERTIFICATE OF SERVICE I, Lauren M. Arnold, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of this Motion for Status Conference upon all counsel of record via postage prepaid first class United States mail addressed as follows: Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 r Lauren M. Arnold Dated: ?f? ? ? t'x/U 382328 FIT ?'.' Nll 'APR 2 1 2008 F EILEEN BATKA, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM T/D/B/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MEDICAL PROFESSIONAL I.1AB11,ITY ACTION NO. 06-4995-Civil Term JURY TRIAL DEMANDED ORDER AND NOW, this o? day of 2008, upon consideration of Plaintiff's Motion for Sta tus Conference, IT IS HEREBY ORDERED a Status Conference is scheduled for ?0 at c? . Ob o'clock (a",./p m.) in Courtroom No. BY THE COURT-. J. DISTRIBUTION: Xmas M. Chairs, Esquire Dickie, McCamey 4 Chilcote 1200 Camp Hill By I ass, Suite 20` Camp Hill, PA 17011 /eil J. Rovner, Esquire 4>03 North Front Street Harrisburg, PA 17110 i 392329 EILEEN BATKA, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM T/D/B/A HOLY SPIRIT HOSPITAL, and THOMAS W. ALDOUS, M.D., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4995 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMAN ORDER AND NOW, this T" day of q , 2008, pursuant to an agreement by counsel for all parties, it is hereby ORDERED and DECREED that: 1. Discovery in this case will close on or before September 30, 2008; 2. Plaintiffs expert reports will be supplied by October 31, 2008; 3. Defendant's expert reports will be produced on or before November 30, 2008; 4. This case may be listed by agreement of the parties for the January 2009 Civil Trial Term for Cumberland County; 5. In the alternative, counsel are attached for the March 2009 Civil Trial Term in Cumberland County. BY THE COURT: ?a DISTRIBUTION: "/Neil J. Rovner, Esquire Angino & Rovner, P.C. 4503 North Front St. Harrisburg, PA 17110 '/Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 'LL Cap I es en; t ?ae.r DICKIE, MCCAMEY & CHILCOTE, P.C. BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY FOR: DEFENDANTS ATTORNEY I.D. NO. 78565 HOLY SPIRIT HEALTH SYSTEM T/DB/A BY: AARON S. JAYMAN, ESQUIRE HOLY SPIRIT HOSPITAL, THOMAS W. ATTORNEY I.D. NO. 85651 ALDOUS, M.D. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 (Fax) EILEEN BATKA, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4995 MEDICAL MALPRACTICE ACTION Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Counsel for Defendants certify that: (1) a Notice of Intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the Notice of Intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent to serve the subpoena. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: September 10, 2008 By: Thomas M. ' , Esquire ATTORNEY I.D. NO. 78565 Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Holy Spirit Health System t/d/b/a Holy Spirit Hospital, Thomas W. Aldous, M.D. 351299 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY FOR: DEFENDANTS ATTORNEY I.D. NO. 78565 HOLY SPIRIT HEALTH SYSTEM T/D/B/A BY: AARON S. JAYMAN, ESQUIRE HOLY SPIRIT HOSPITAL, THOMAS W. ATTORNEY I.D. NO. 85651 ALDOUS, M.D. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 (Fax) EILEEN BATKA, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. , Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4995 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve a Subpoena identical to the Subpoena attached to this Notice, addressed to the following: William Beutler, M.D You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: September 10, 2008 By: Thomas M. C air quire ATTORNEY I.D. NO. 78565 Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Holy Spirit Health System t/d/b/a Holy Spirit Hospital, Thomas W. Aldous, M.D. CERTIFICATE OF SERVICE AND NOW, September 10, 2008, I, Aaron S. Jayman, Esquire, hereby certify that I did serve a true and correct copy of the foregoing NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Neil J. Rovner, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 Aaron . J squire ?5ep,10, 2008 9:40AM DICK1E McCAMEY /1/ /31 4803 No, 3890 P, 10 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: THOMAS M. CRAM, ESQUIRE ATTORNEY FOR: DEFENDANTS ATTORNEY I.D. NO. 78565 HOLY SPIRIT HEALTH SYSTEM TID/BIA BY: AARON S. JAYMAN, ESQUIRE HOLY SPIRIT HOSPITAL, THOMAS W. ATTORNEY Y.D. NO. 85651 ALDOUS, M.D. 1200 Camp HID Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tole) 1 731-4803 ax EILEEN BATKA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. HOLY SPIRIT HEALTH SYSTEM T/D/B/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. , NO. 2006-4995 MEDICAL MALPRACTICE ACTION JURY WAIVER OF TWENTY DAY NOTICE PERIOD FOR NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 I hereby waive the required twenty day period of notice for the Notice of Intent to Serve a Subpoena regarding records of Eileen Batka to be Subpoenaed from William Beutler, M.D. 4503 Mont tree UT Harri s A 110 Counsel to the Date: September 10, 2008 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Eileen Batka, Plaintiff M. D: File No. 2006-4995 vs Holy Spirit Health System t/d/b/a Holy Spirit Hospital, Thomas W. Aldous, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: William Beutler, M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete medical records chart of Eileen Batka (SS# 151-30-8203; DOB: 6-20-38) including any and all handwritten and typed records, copies of correspondence from other providers, lab reports, radiology reports and any/all other medical testing atDickie, McCamey & Chilcote, 1200 Camp Hill Bypass, Camp Hill, PA17011 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas Chairs, Esq. ADDRESS: 1200 amp Bypass, Suite 205 Camp Hill , PA 17011 TELEPHONE: (717) 731-4800 SUPREME COURT ID # 78565 ATTORNEY FOR: _Dgf endants Date: t of OO 'S &I of the Court BY THE COURT: Prothonotary, Civil Division Deputy -r A-r 'T! ?` ?? ".-4 ex-ir ck _ 1-bie? DICKIE, MCCAMEY & CHILCOTE, P.C. BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY FOR: DEFENDANTS ATTORNEY I.D. NO. 78565 HOLY SPIRIT HEALTH SYSTEM T/DB/A BY: AARON S. JAYMAN, ESQUIRE HOLY SPIRIT HOSPITAL, THOMAS W. ATTORNEY I.D. NO. 85651 ALDOUS, M.D. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 (Fax) EILEEN BATKA, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM T/D/B/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4995 MEDICAL MALPRACTICE ACTION Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Counsel for Defendants certify that: (1) a Notice of Intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the Notice of Intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent to serve the subpoena. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: September 10, 2008 By: Thomas M. C air , squire ATTORNEY I.D. NO. 78565 Aaron S. 3ayman, Esquire ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Holy Spirit Health System tld/b/a Holy Spirit Hospital, Thomas W. Aldous, M.D. 351197 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY FOR: DEFENDANTS ATTORNEY I.D. NO. 78565 HOLY SPIRIT HEALTH SYSTEM T/DB/A BY: AARON S. JAYMAN, ESQUIRE HOLY SPIRIT HOSPITAL, THOMAS W. ATTORNEY I.D. NO. 85651 ALDOUS, M.D. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 (Fax) EILEEN BATKA, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. , Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4995 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve a Subpoena identical to the Subpoena attached to this Notice, addressed to the following: Mark Holencik, D.O. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: September 10, 2008 By: Thomas M. aj quire ATTORNE . . NO. 78565 Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Holy Spirit Health System tldlbla Holy Spirit Hospital, Thomas W. Aldous, M.D. CERTIFICATE OF SERVICE AND NOW, September 10, 2008, I, Aaron S. Jayman, Esquire, hereby certify that I did serve a true and correct copy of the foregoing NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Neil J. Rovner, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 - -act,,, Aaron Mare, Esquire COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Eileen Batka, Plaintiff File No. 2006-4995 vs Holy Spirit Health System t/d/b/a Holy Spirit Hospital, Thomas W. Aldous, M.D: Defendants SUBPOENA TO PRODUCE DOCUMENTS OR TBINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Mark Holenchik, D.O. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete medical records chart of Eileen Batka (SS# 151-30-8203; DOB: 6-20-38) including any and all handwritten and typed records, copies of correspondence from other providers, lab reports, radiology reports and any/all other medical testing reports, and any other unspeelf#ed- feeerds the ear contain atDickie, McCamey & Chilcote, 1200 Camp Hill Bypass, Camp Hill, PA17011 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas Chairs, Esq. ADDRESS: amp Hill Bypass, Suite 205 Camp Hill , PA 17011 TELEPHONE: (717) 731-4800 SUPREME COURT ID# 78565 ATTORNEY FOR: Def endantG Date: 50-,4, art t t,, '?' o/GO ,S &I of the Court BY THE COURT: mss/ ?-?Gra??a ? ??i? Prothonotary, Civil Division e 10, " Deputy ?Sep-10. 2008 9:39AM DICKIE McCAMEY 717 731 4803 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY I.D. NO. 78565 BY: AARON S. JAYMAN, ESQUIRE ATTORNEY I.D. NO. 85651 1200 Camp HN Bypass, Smite 205 Camp Hill, PA 17011 (717)731-4800 (Tele) ,TKA, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. , No, 3890 P. 3 ATTORNEY FOR: DEFENDANTS HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, MM. -IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4995 MEDICAL MALPRACTICE ACTION JURY WAIVER OF TWENTY DAY NOTICE PERIOD FOR NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 I hereby waive the required twenty day period of notice for the Notice of Intent to Serve a Subpoena regarding records of Eileen Batka to be Subpoenaed from Mark HolencN D.O.. 4503 Arthi FroAl Street Harrisburg, PA 17110 Counsel to the Plaintiff Date: Se to ember 10.2008 ' Irri N ©r;?;V-d DICKIE, MCCAMEY & CHILCOTE, P.C. BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY FOR: DEFENDANTS ATTORNEY I.D. NO. 78565 HOLY SPIRIT HEALTH SYSTEM T/DB/A BY: AARON S. JAYMAN, ESQUIRE HOLY SPIRIT HOSPITAL, THOMAS W. ATTORNEY I.D. NO. 85651 ALDOUS, M.D. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 ax EILEEN BATKA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. HOLY SPIRIT HEALTH SYSTEM T/D/B/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D., NO. 2006-4995 MEDICAL MALPRACTICE ACTION Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Counsel for Defendants certify that: (1) a Notice of Intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the Notice of Intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent to serve the subpoena. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: September 10, 2008 By: Thomas hairs, Esquire ATTORNEY I.D. NO. 78565 Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Holy Spirit Health System tld/bla Holy Spirit Hospital, Thomas W. Aldous, M.D. 351192 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY I.D. NO. 78565 BY: AARON S. JAYMAN, ESQUIRE ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 (Fax) EILEEN BATKA, Plaintiff ATTORNEY FOR: DEFENDANTS HOLY SPIRIT HEALTH SYSTEM T/D/B/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. , Defendants NO. 2006-4995 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve a Subpoena identical to the Subpoena attached to this Notice, addressed to the following: James McMillian, M.D. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: Septemberl0, 2008 By: C'? Thomas M. hai squire ATTORNEY . NO. 78565 Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Holy Spirit Health System t/d/b/a Holy Spirit Hospital, Thomas W. Aldous, M.D. CERTIFICATE OF SERVICE AND NOW, September 10, 2008, I, Aaron S. Jay-man, Esquire, hereby certify that I did serve a true and correct copy of the foregoing NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Neil J. Rovner, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 Aaron j!!)t)an,&squire COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Eileen Batka, Plaintiff File No. 2006-4995 vs Holy Spirit Health System t/d/b/a Holy Spirit Hospital, Thomas W. Aldous, M.D: Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: James McMillian, M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete medical records chart of Eileen Batka (SS# 151-30-8203; DOB: 6-20-38) including any and all handwritten and typed records, copies of correspondence from other providers, lab reports, radiology reports and any/all other medical testing reports, an any other unspeelfled reeerds the ehart--may COLLtai=r-- atDickie, McCamey & Chilcote, 1200 Camp Hill Bypass, Camp Hill, PA17011 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas Chairs, Esq. ADDRESS: =P `pass, Suite 205 Camp Hill , PA 11011 TELEPHONE: (717) 731-4800 SUPREME COURTED # 78565 ATTORNEY FOR: Defendants Date: / "f6oo 1 of the Court BY THE COURT: i-j Prothonotary, Civil Division ??Q r Deputy Sep.10, 2008 9:40AM DICKIE WCAMEY 717 731 4803 DICM, MCCAMEY & CHILCOTE, P.C. BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY I.D. NO. 78565 BY: AARON S. JAYMAN, ESQUIRE ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) EILEEN BATKA, Plaintiff W. HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D., No. 3890 P. 4 ATTORNEY FOR: DEFENDANTS HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRU HOSPITAL, THOMAS W. ALDOUS, M.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-095 MEDICAL MALPRACTICE ACTION JURY TRIAL 1 WAIVER OF TWENTY DAY NOTICE PERIOD FOR NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND.TH 114GS FOR DISCOVERY PURSUANT TO RULE 4009.21 I hereby waive the required twenty day period of notice for the Notice of Intent to Serve a Subpoena regarding records of Eileen Batka to be Subpoenaed from dames McMillian, M.D.. Neil J. uire 4503 o t Street Harrisburg, P 17110 Counsel to the Plaintiff Date: September 10, 2008 -? ? o r, ? fi'r'; ? :4 c?ctg,ncR -?t?' DICKIE, MCCAMEY & CHILCOTE, P.C. BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY FOR: DEFENDANTS ATTORNEY I.D. NO. 78565 HOLY SPIRIT HEALTH SYSTEM T/DB/A BY: AARON S. JAYMAN, ESQUIRE HOLY SPIRIT HOSPITAL, THOMAS W. ATTORNEY I.D. NO. 85651 ALDOUS, M.D. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 ax EILEEN BATKA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. HOLY SPIRIT HEALTH SYSTEM T/D/B/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. , NO. 2006-4995 MEDICAL MALPRACTICE ACTION Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Counsel for Defendants certify that: (1) a Notice of Intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the Notice of Intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent to serve the subpoena. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: September 10, 2008 By: Thomas M. airs, Esquire ATTORNEY I.D. NO. 78565 Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Holy Spirit Health System tld/b/a Holy Spirit Hospital, Thomas W Aldous, MD. 351309 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY FOR: DEFENDANTS ATTORNEY I.D. NO. 78565 HOLY SPIRIT HEALTH SYSTEM T/DB/A BY: AARON S. JAYMAN, ESQUIRE HOLY SPIRIT HOSPITAL, THOMAS W. ATTORNEY I.D. NO. 85651 ALDOUS, M.D. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 (Fax) EILEEN BATKA, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM T/D/B/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4995 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve a Subpoena identical to the Subpoena attached to this Notice, addressed to the following: Howard Zlotoff, M.D You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Respectfully submitted, DICIGE, MCCAMEY & CHILCOTE, P.C. Date: Seytember 10.2008 By: Thomas M. Esquire ATTORNEY I.D. NO. 78565 Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Holy Spirit Health System Wlb/a Holy Spirit Hospital, Thomas W. Aldous, M.D. CERTIFICATE OF SERVICE AND NOW, September 10, 2008, I, Aaron S. Jayman, Esquire, hereby certify that I did serve a true and correct copy of the foregoing NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Neil J. Rovner, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 - 4 WC 1-1,5" ? Aaron E uire COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Eileen Batka, Plaintiff M. D: File No. 2006-4995 vs Holy Spirit Health System t/d/b/a Holy Spirit Hospital, Thomas W. Aldous, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Zlotoff (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete medical records chart of Eileen Batka (SS# 151-30-8203; DOB: 6-20-38) including any and all handwritten and typed records, copies of correspondence from other providers, lab reports, radiology reports and any/all other medical testing atDickie, McCamey & Chilcote, 1200 Camp Hill Bypass, Camp Hill, PA17011 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas Chairs, Esq. ADDRESS: amp ypass, Suite 205 Camp Hi , TELEPHONE: (717) 731-4800 SUPREME COURT ID# 78565 ATTORNEYFOR: DefencantG Date: /GOB ' Se 1 of the Court BY THE COURT: C?w lie rothonotary, Civil Division eputy . . Sep.10. 2008 9:40AM DICKIE McCAMEY 717 731 4803 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY I.D. NO. 78565 BY., AARON S. JAYMAN, ESQUIRE ATTORNEY I.D. NO. 95651 1200 Camp H01 Bypass, Suite 205 Camp Hill, PA 17011 (717)731-4800 (Tele) BATKA, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM T/D/B/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D., No. 3890 P. 11 ATTORNEY FOR: DEFENDANTS HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4995 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED WAIVER OF TWENTY DAY NOTICE PERIOD FOR NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 I hereby waive the required twenty day period of notice for the Notice of Intent to Serve a Subpoena regarding records of Eileen Batka to be Subpoenaed from Howard Zlotoff, M.D. Counsel to the Plaintiff Date: Ssgtember 10.2008 ra ?Y rr` ?? u? - _r ._. ? . # ?? - ? Q . ??? ?,.' ? ?? ? rv p C:)-,51 r)lr.lx - 'p-T. DICKIE, MCCAMEY & CHILCOTE, P.C. BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY FOR: DEFENDANTS ATTORNEY I.D. NO. 78565 HOLY SPIRIT HEALTH SYSTEM T/DB/A BY: AARON S. JAYMAN, ESQUIRE HOLY SPIRIT HOSPITAL, THOMAS W. ATTORNEY I.D. NO. 85651 ALDOUS, M.D. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 (Fax) EILEEN BATKA, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM T/D/B/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. , Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4995 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Counsel for Defendants certify that: (1) a Notice of Intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the Notice of Intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent to serve the subpoena. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: September 10, 2008 By: Thomas M. airs, Esquire ATTORNEY I.D. NO. 78565 Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Holy Spirit Health System t/d/b/a Holy Spirit Hospital, Thomas W. Aldous, M.D. 351189 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY I.D. NO. 78565 BY: AARON S. JAYMAN, ESQUIRE ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 (Fax) EILEEN BATKA, Plaintiff ATTORNEY FOR: DEFENDANTS HOLY SPIRIT HEALTH SYSTEM T/D/B/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. , Defendants NO. 2006-4995 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve a Subpoena identical to the Subpoena attached to this Notice, addressed to the following: Drayer Physical Therapy You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: Septemberl0, 2008 By: Ac'v? Thomas airs, Esquire ATTORNEY I.D. NO. 78565 Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Holy Spirit Health System t/d/b/a Holy Spirit Hospital, Thomas W. Aldous, M.D. CERTIFICATE OF SERVICE AND NOW, Septemberl0, 2008, I, Aaron S. Jayman, Esquire, hereby certify that I did serve a true and correct copy of the foregoing NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Neil J. Rovner, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 - gxf?? Aaro S an, Esquire COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Eileen Batka, Plaintiff File No. 2006-4995 vs Holy Spirit Health System t/d/b/a Holy Spirit Hospital, Thomas W. Aldous, M.D: Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Drayer Physical Therapy (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete medical records chart of Eileen Batka (SS# 151-30-8203; DOB: 6-20-38) including any and all handwritten and typed records, copies of correspondence from other providers, lab reports, radiology reports and any/all other medical testing rspozt ,--ndd any other unspeei€ied reeerds-ire atDickie, McCamey & Chilcote, 1200 Camp Hill Bypass, Camp Hill, PA17011 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address lasted above. You have the night to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas Chairs, Esq. ADDRESS: amp 11111 Bypass, Suite 205 Camp Hill , PA 17011 TELEPHONE: (717) 731-4800 SUPREMECOURT ID # 78565 ATTORNEY FOR: Defendants Date: b e.t /, vteve 'Seal of the Court BY THE COURT: Prothonotary, Civil Division p`Cc stit?- eputy Sep.10. 2008 9:40AM DICKIE McCAMEY 717 731 4803 DICIGE, MCCAMEY & CHMCOTE, I BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY I.D. NO. 78565 BY: AARON S. JAYMAN, ESQUIRE ATTORNEY I.D. NO. 95651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)731-4800 (Tele) BATKA, No. 3890 P. 5 ATTORNEY FOR: DEFENDANTS HOLY SPIRIT HEALTH SYSTEM TIDB/A HOLY SPIRIT HOSPITAL, THOMAS W. , ALDOUS, M.D. Plaintiff v. HOLY SPIRIT HEALTH SYSTEM T/D/B/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4995 MEDICAL MALPRACTICE ACTION TRIAL WAIVER OF TWENTY DAY NOTICE PERIOD FOR NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 I hereby waive the required twenty day period of notice for the Notice of Intent to Serve a Subpoena regarding records of Eileen Batka to be Subpoenaed from Drayer Physical Therapy. a?rca v. a • , .1...... 4503 Fro Street H ' ura. P 17110 Counsel to the Plaintiff Date: September 10. X008 r-3 CD C X- 3s'ra - plelb. DICKIE, MCCAMEY & CHILCOTE, P.C. BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY FOR: DEFENDANTS ATTORNEY I.D. NO. 78565 HOLY SPIRIT HEALTH SYSTEM T/D/B/A BY: AARON S. JAYMAN, ESQUIRE HOLY SPIRIT HOSPITAL, THOMAS W. ATTORNEY I.D. NO. 85651 ALDOUS, M.D. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 (Fax) EILEEN BATKA, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4995 MEDICAL MALPRACTICE ACTION Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Counsel for Defendants certify that: (1) a Notice of Intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the Notice of Intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent to serve the subpoena. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: Sgptemberl0, 2008 By: J&'V? Thomas hairs, Esquire ATTORNEY I.D. NO. 78565 Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Holy Spirit Health System t/d/b/a Holy Spirit Hospital, Thomas W. Aldous, M.D. 351185 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY I.D. NO. 78565 BY: AARON S. JAYMAN, ESQUIRE ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 (Fax) EILEEN BATKA, Plaintiff ATTORNEY FOR: DEFENDANTS HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. HOLY SPIRIT HEALTH SYSTEM T/D/B/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. , Defendants NO. 2006-4995 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve a Subpoena identical to the Subpoena attached to this Notice, addressed to the following: Hanger Prosthetic You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Respectfully submitted, DICHIE, MCCAMEY & CHILCOTE, P.C. Date: September 10, 2008 By: Thomas M. airs, Esquire ATTORNEY I.D. NO. 78565 Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Holy Spirit Health System t/d/b/a Holy Spirit Hospital, Thomas W Aldous, M.D. CERTIFICATE OF SERVICE AND NOW, September 10, 2008, I, Aaron S. Jayman, Esquire, hereby certify that I did serve a true and correct copy of the foregoing NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Neil J. Rovner, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 Aaron S Ja squire COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Eileen Batka, vs Plaintiff : File No. 2006-4995 Holy Spirit Health System t/d/b/a Holy Spirit Hospital, Thomas W. Aldous, M.D: Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hanger Prosthetic (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete medical records chart of Eileen Batka (SS# 151-30-8203; DOB: 6-20-38) including any and all handwritten and typed records, copies of correspondence from other providers, lab reports, radiology reports and any/all other medical testing atDickie, McCamey & Chilcote, 1200 Camp Hill Bypass, Camp Hill, PA17011 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas Chairs, Esq. ADDRESS: IZUU amp Hill Bypass, Suite 205 Camp Hill , PA 17011 TELEPHONE: (717) 731-4800 SUPREMECOURT ID # 78565 ATTORNEYFOR: Defendants Date: S Goh 6 e ` ? EGOS- ' Se l of the Court BY THE COURT: 1V al' Proth notary, Civil Division p U""e- -/? --Deputy . Sep-10. 2008 9:40AM DICKIE McCAMEY 717 731 4803 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: THOMAS X CHAIRS, ESQUIRE ATTORNEY I.D. NO. 78565 BY: AARON S. JAYMAN, ESQUIRE ATTORNEY Y.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tale) No, 3890 P. 6 ATTORNEY FOR: DEFENDANTS HOLY SPIRIT HEALTH SYSTEM T/D/B/A HOLY SPHdT HOSPITAL, THOMAS W. A,LDOUS, M.D. EILEEN BATKA, IN TIME COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. HOLY SPIRIT HEALTH SYSTEM T/D/B/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. , NO. 2006-4995 MEDICAL MALPRACTICE ACTION Defendants JURY TRIAL WAIVER OF TWENTY DAY NOTICE PERIOD FOR NOTICE OF INTENT TO SERVE A SUBPOENA, TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 I hereby waive the required twenty day period of notice for the Notice of Intent to Serve a Subpoena regarding records of Eileen Batka to be Subpoenaed from hanger Prosthetic. 4503 N6ft1fF; Harrisburg, P. Counsel to the Plaintiff Date: September 10, 2008 aJ'? '? ?? ? ?? _t;" 5 C-)"-3"a -AQ'vz - DICKIE, MCCAMEY & CHILCOTE, P.C. BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY FOR: DEFENDANTS ATTORNEY I.D. NO. 78565 HOLY SPIRIT HEALTH SYSTEM T/DB/A BY: AARON S. JAYMAN, ESQUIRE HOLY SPIRIT HOSPITAL, THOMAS W. ATTORNEY I.D. NO. 85651 ALDOUS, M.D. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 (Fax) EILEEN BATKA, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM T/D/B/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. , Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4995 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA' PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Counsel for Defendants certify that: (1) a Notice of Intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the Notice of Intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent to serve the subpoena. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: September 10, 2008 By: Thomas M. rs, squire ATTORNEY I.D. NO. 78565 Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Holy Spirit Health System t/d/b/a Holy Spirit Hospital, Thomas W Aldous, M.D. 351176 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY FOR: DEFENDANTS ATTORNEY I.D. NO. 78565 HOLY SPIRIT HEALTH SYSTEM T/DB/A BY: AARON S. JAYMAN, ESQUIRE HOLY SPIRIT HOSPITAL, THOMAS W. ATTORNEY I.D. NO. 85651 ALDOUS, M.D. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 (Fax) EILEEN BATKA, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM T/D/B/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. , Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4995 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve a Subpoena identical to the Subpoena attached to this Notice, addressed to the following: Jeffrey Marks, D.O. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: September 10, 2008 By: Thomas M. hairs, Esquire ATTORNEY I.D. NO. 78565 Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Holy Spirit Health System t/d/b/a Holy Spirit Hospital, Thomas W Aldous, MD. CERTIFICATE OF SERVICE AND NOW, September 10, 2008, I, Aaron S. Jayman, Esquire, hereby certify that I did serve a true and correct copy of the foregoing NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Neil J. Rovner, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 Aaron 0(5mafi, Esquire COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Eileen Batka, vs Plaintiff Holy Spirit Health System t/d/b/a Holy Spirit Hospital, Thomas W. Aldous, Defendants File No. 2006-4995 M. D: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Jeffrey Marks, M.D. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you arc ordered by the court to produce the following documents or things: Complete medical records chart of Eileen Batka (SS# 151-30-8203; DOB: 6-20-38) including any and all handwritten and typed records, copies of correspondence from other providers, lab reports, radiology reports and any/all other medical testing atDickie, McCamey & Chilcote, 1200 Camp Hill Bypass, Camp Hill, PA17011 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas Chairs, Esq. ADDRESS: amp Bypass-, Suite 205 Camp Hill , PA 17UTI- TELEPHONE: (717) 731-4800 SUPREMECOURT ID# 78565 ATTORNEY FOR: _ Dgf endan t s BY THE COURT: .??- 141 L r Prothonotary, Civil Division 621 Date: S5 t 'f6 d? -C S al of the Court D'Fputy 'Sep.10. 2008 9:40AM DICKIE McCAMEY 717 731 4803 DICIIE, MCCAMEY & CHILCOTE, P.C. BY; THOMAS M. CHAIRS, ESQUIRE ATTORNEY I.D. NO. 78565 BY: AARON S. JAYMAN, ESQUIRE ATTORNEY Y.D. NO. $5651 1200 Camp BE Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) EILEEN BATKA, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM T/D/B/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. , Defendants No. 3890 P. 7 ATTORNEY FOR: DEFENDANTS HOLY SPIRIT HEALTH SYSTEM T/D/B/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4995 MEDICAL MALPRACTICE ACTION JURY TRIAL WAIVER OF TWENTY DAY NOTICE PERIOD FOR NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 I hereby waive the required twenty day period of notice for the Notice of Intent to Serve a Subpoena regarding records of Eileen Batka to be Subpoenaed from Jeffrey Marks, D.O.. Neil J. e. quire 4503 nt Street Harrisb A 17110 Counsel to the Plaintiff Date: Sgptembcr 10, 2008 _? 0 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY FOR: DEFENDANTS ATTORNEY I.D. NO. 78565 HOLY SPIRIT HEALTH SYSTEM T/DB/A BY: AARON S. JAYMAN, ESQUIRE HOLY SPIRIT HOSPITAL, THOMAS W. ATTORNEY I.D. NO. 85651 ALDOUS, M.D. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 (Fax) EILEEN BATKA, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4995 MEDICAL MALPRACTICE ACTION Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Counsel for Defendants certify that: (1) a Notice of Intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the Notice of Intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent to serve the subpoena. Respectfully submitted, DICKIE, MCCAMEY & CHUXOTE, P.C. Date: September 10, 2008 By: Thomas M. hairs, Esquire ATTORNEY I.D. NO. 78565 Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Holy Spirit Health System t/d/b/a Holy Spirit Hospital, Thomas W. Aldous, M.D. 351169 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY FOR: DEFENDANTS ATTORNEY I.D. NO. 78565 HOLY SPIRIT HEALTH SYSTEM T/DB/A BY: AARON S. JAYMAN, ESQUIRE HOLY SPIRIT HOSPITAL, THOMAS W. ATTORNEY I.D. NO. 85651 ALDOUS, M.D. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 ax EILEEN BATKA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D., NO. 2006-4995 MEDICAL MALPRACTICE ACTION Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve a Subpoena identical to the Subpoena attached to this Notice, addressed to the following: Cardin & Miller You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: September 10, 2008 By: AAL?? Thomas M. Ch , (squire ATTORNEY I.D. NO. 78565 Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Holy Spirit Health System t/d/b/a Holy Spirit Hospital, Thomas W. Aldous, M.D. CERTIFICATE OF SERVICE AND NOW, September 10, 2008, I, Aaron S. Jayman, Esquire, hereby certify that I did serve a true and correct copy of the foregoing NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Neil J. Rovner, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 Aaron S. a squire COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Eileen Batka, vs Plaintiff File No. 2006-4995 Holy Spirit Health System t/d/b/a Holy Spirit Hospital, Thomas W. Aldous, M.D: Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Cardin & Miller (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete medical records chart of Eileen Batka (SS# 151-30-8203; DOB: 6-20-38) including any and all handwritten and typed records, copies of correspondence from other providers, lab reports, radiology reports and any/all other medical testing its, and any other unspee€€ied ree-erds the ehart may contain -- atDickie, McCamey & Chilcote, 1200 Camp Hill Bypass, Camp Hill, PA17011 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas Chairs, Esq. ADDRESS: amp ypass, Suite 205 Camp Hill , PA 1.7011 TELEPHONE: (717) 731-4800 SUPREMECOURT ID# 78565 ATTORNEYFOR: Defendant.,; Date: ? 100 ' S al of the Court BY THE COURT: a Prothonotary, Civil Division eputy .5ep.10. 1008 9:40AM DICKIE McCAMEY 717 731 4803 DICKIE, MCCAMEY & CHILCOTE, P.C. BY:-THOMAS M. CHAIRS, ESQUIRE ATTORNEY I.D. NO. 78565 BY: AARON S. JrAYMAN, ESQUIRE ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) BATKA, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. , No. 3890 P. 8 ATTORNEY FOR: DEFENDANTS HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4995 MEDICAL MALPRACTICE ACTION JURY WAIVER OF TWENTY DAY NOTICE PERIOD FOR NOTICE OF 1TiTENT TO SERVE A SUBPOENA TO'PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 I hereby waive the required twenty day period of notice for the Notice of Intent to Serve a Subpoena regarding records of Eileen Batka to be Subpoenaed from Cardin & Miller. Counsel to the Plaintiff Date: September 10, 2008 7FI On '0cPQ -off Orr DICKIE, MCCAMEY & CHILCOTE, P.C. BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY FOR: DEFENDANTS ATTORNEY I.D. NO. 78565 HOLY SPIRIT HEALTH SYSTEM T/D/B/A BY: AARON S. JAYMAN, ESQUIRE HOLY SPIRIT HOSPITAL, THOMAS W. ATTORNEY I.D. NO. 85651 ALDOUS, M.D. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 (Fax) EILEEN BATKA, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4995 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Counsel for Defendants certify that: (1) a Notice of Intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the Notice of Intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent to serve the subpoena. 351045 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY FOR: DEFENDANTS ATTORNEY I.D. NO. 78565 HOLY SPIRIT HEALTH SYSTEM T/DB/A BY: AARON S. JAYMAN, ESQUIRE HOLY SPIRIT HOSPITAL, THOMAS W. ATTORNEY I.D. NO. 85651 ALDOUS, M.D. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 (Fax) EILEEN BATKA, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM T/D/B/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4995 MEDICAL MALPRACTICE ACTION Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve a Subpoena identical to the Subpoena attached to this Notice, addressed to the following: Messiah Village Wellness and Exercise Center You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: September 10, 2008 By: Thomas M. C irs, Esquire ATTORNEY I.D. NO. 78565 Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Holy Spirit Health System t/d/b/a Holy Spirit Hospital, Thomas W. Aldous, M.D. CERTIFICATE OF SERVICE AND NOW, September 10, 2008, I, Aaron S. Jayman, Esquire, hereby certify that I did serve a true and correct copy of the foregoing NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Neil J. Rovner, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 - kM7---- Aaron S. a n, squire COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Eileen Batka, vs Plaintiff Holy Spirit Health System t/d/b/a Holy Spirit Hospital, Thomas W. Aldous, Defendants File No. 2006-4995 M. D: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Messiah Village Wellness and Exercise Center (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you art ordered by the court to produce the following documents or things: Complete medical records chart of Eileen Batka (SS# 151-30-8203; DOB: 6-20-38) including any and all handwritten and typed records, copies of correspondence from other providers, lab reports, radiology reports and any/all other medical testing reports, and any ether' uaspeel€ied Feeerds the ehar ' may conrn aia----- atDickie, McCamey & Chilcote, 1200 Camp Hill Bypass, Camp Hill, PA17011 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Thomas Chairs, Esq. ADDRESS: 1200 Camp HIII Bypass, Suite 205 Camp Hill , FA 11011 TELEPHONE: (717) 731-4800 SUPREMECOURT ID# 78565 ATTORNEY FOR: De RndanrR Date: !) d 'S al of the Court BY THE COURT: X? Pro onotary, Civil Division Q 4[At-z< Al' cputy Sep-10, 2008 9:40AM DICKIE McCAMEY 111 /31 4803 DICIGE, MCCAMEY & CHFLCOTE, P.C. BY: FRANCIS E. MARSHALL, JR., ESQUIRE ATTORNEY I.D. NO. 27594 BY: THOMAS M. CHAIRS, ESQUIRE ATTORNEY I.D. NO. 79565 BY: AARON S. JAYMAN, ESQUIRE ATTORNEY I.D. NO, 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tole) EILEEN BATKA, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM T/D/B/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D., No. 3890 N. 9 ATTORNEY FOR: DEFENDANTS HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL'V'ANIA NO. 2006-4995 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED WAIVER OF TWENTY DAY NOTICE PERIOD FOR NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 I hereby waive the required twenty day period of notice for the Notice of Intent to Serve a Subpoena regarding records of Eileen Batka to be Subpoenaed from Messiah Village Wellness and Exercise Center. NeiKFr& a ,Esquire 450 ont Street HaA 17110 Counsel to the Plaintiff Date: September 10, 2008 ?? t ? ?_. f ?_ y ? ? ??? ?. PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (x) for JURY trial at the next term of civil court CAPTION OF CASE (entire caption must be stated in full) EILEEN BATKA, Plaintiff for trial without a jury (check one) () Assumpsit (x) Trespass () Trespass (Motor Vehicle) () Other The trial list will be called on December 30. V. HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL THOMAS W. ALDOUS, M.D Defendants Trials' commence on January 26, 2009. Pre-trials will beheld on January 7, 2009 (Briefs are due 5 days before pre-trials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 314-1.) No. 06-4995 Civil Indicate the attorney who will try case for the party who files this praecipe: Indicate trial counsel for other parties if known: Tom Chairs, Esquire This case is ready for trial. Signed: Print Na Date: 9/30/08 Attorney Neil J. Rovner 0 a :r o mfr ?: CD 378399 DICKIE, MCCAMEY & CHILCOTE, P.C. ATTORNEY FOR DEFENDANTS BY Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)731-4803 (Fax) EILEEN BATKA, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. , Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4995 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED MOTION FOR SUMMARY JUDGMENT FILED BY HOLY SPIRIT HEALTH SYSTEMS T/DB/A HOLY SPIRIT HOSPITAL AND NOW, comes the Holy Spirit Health System t/d/b/a Holy Spirit Hospital (hereinafter referred to as the Holy Spirit Hospital), by and through its attorneys, Dickie, McCamey & Chilcote, P.C. and files the within MOTION FOR SUMMARY JUDGMENT and in support thereof avers as follows: The Plaintiff initiated this civil action with the filing of a Complaint on or about August 28, 2006. 2. A copy of the Plaintiff s Complaint is attached hereto as Exhibit "A". The Plaintiffs two (2) count Complaint charges Thomas W. Aldous, M.D. and the Holy Spirit Hospital with negligence for care and treatment surrounding Eileen Batka's admission to the emergency department of the Holy Spirit Hospital on December 22, 2004. 4. In the early afternoon of December 22, 2004, Ms. Batka received an epidural steroid injection at Susquehanna Valley Pain Management, P.C. by Dr. Malik Momin. In the evening hours of December 22, 2004, Ms. Batka called 911 from her home because of complaints of numbness below her waist. 6. Ms. Batka refused transportation by the ambulance after her initial call. 7. Later in the evening, Ms. Batka placed a second call to 911 and was ultimately transported to the emergency department of the Holy Spirit Hospital. In the emergency department, Ms. Batka was evaluated by Thomas Aldous, M.D. 9. Dr. Aldous after taking a history and performing a physical examination, telephoned Ms. Batka's primary care physician and treating neurologist. 10. Ultimately, a decision was made to admit Ms. Batka to the services of Dr. Binder who agreed to arrange for neurology consultation for Ms. Batka in the hospital. 11. The neurology consultation was obtained and Ms. Batka was diagnosed with a spinal epidural hematoma which was ultimately relieved through surgery at approximately 2:15 on December 23, 2004. 12. According to her treating physicians, Ms. Batka has recovered well from the operation. 13. The deadline for the production of expert reports by the Plaintiff expired on October 31, 2008. See Scheduling Order of Judge Hess attached hereto as Exhibit "B". 14. In support of her allegations of negligence, Ms. Batka has produced one (1) expert report authored by emergency room physician, Ira Mehlman, M.D. 15. The expert report of Dr. Mehlman is attached hereto as Exhibit "C". 2 16. In his expert report, Dr. Mehlman is critical of the history and physical examination that was performed by Dr. Aldous in the emergency department. In addition, Dr. Mehlman is critical of Dr. Aldous for failing to order an MRI to evaluate Ms. Batka's complaints of partial paralysis below the waist. 17. The report of Dr. Mehlman is not sufficient to make out a claim of corporate negligence against the Holy Spirit Hospital. 18. The duties a hospital owes directly to its patients under a theory of corporate negligence are: (1) A duty to use reasonable care in the maintenance of safe and adequate facilities and equipment; (2) A duty to select and retain only competent physicians; (3) A duty to oversee all persons who practice medicine within the Hospital's walls as to the patient's care; and (4) A duty to formulate, adopt and enforce adequate rules and policies to ensure quality care for its patients. Thompson v. Nason Hospital, 591 A.2d 703 (Pa. 1991). 19. To succeed on the claim of corporate negligence, a plaintiff must show: (1) That the hospital had either actual or constructive knowledge of the defect or procedures that caused the harm; and (2) that the hospital's negligence was a substantial factor in bringing about the harm. Id. 20. Count II of the Plaintiff s Complaint which sets forth a claim of corporate negligence against the Holy Spirit Hospital is unsupported by the evidence. 21. It is respectfully submitted that the Court for the reasons stated in the within Motion for Summary Judgment should enter an Order awarding judgment in favor of the Holy Spirit Hospital and against the Plaintiff. 3 WHEREFORE, for the reasons set forth in the within Motion for Summary Judgment, it is respectfully requested that the Court enter an Order directing judgment in favor of the Holy Spirit Hospital and against the Plaintiff. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: December 4, 2008 By: L Tho as M. hairs, squire Supreme Court I.D. #78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants 4 •SEP-11-2006 MON 02:20 PM RU 27117633075 P-003 TRUE COPY FROM RECORD 'n re t whereof. ! -sore uW0 and $dMy.Mw. dt sa" 'i at .waft Pa. ANGWO & ROVNE& P.C. Neill. Rouser. Esquire Attorney 1D#: 22108 4503 North Front Strew Harrisburg, PA 171 10-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) EILEEN BATK Plaintiff V. HOLY" SPIRIT HEALTH SYSTEM T/D/B/A HOLY SPIRIT HOSPITAL 503 North 21st Street Camp Hill, PA 17011 THOMAS W. A.LDOUS, M.D. c/o Holy Spirit Hospital 503 North 21st Street Camp Hill, PA 17011 Defendants IN THE COURT OF COMMUN Fl-tAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW MEDICAL PROFESSIONAL LIABILITY ACTION / NO. 0(a. --- JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appeatance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You axe warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 17 Cn„fh RPrlfnrA Ctrr-rr f arlirb- PA dias despu6s de la notificaci6n de esta Demands y Aviso mdicando personalmente o por medio de un abogado una comparecencia escrita y radicando on la Corte por escrito sus defensas de, y objeccioncs a , las demandas prosentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n Como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin m'as aviso adicional. Used puede perder dinero o propiedad u otros derechos importantes pars used. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGA.DO. SI USED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSBLE QUE ESTA OFICINA LE PUEDA PROVEER WFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street, Carlisle, PA Telephone number- 717.249-3166 328920 ANCINO & ROVNER, P.C. Neil J. Rovner, Esquire Attorney ON : 22109 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) EILEEN BATKA Plaintiff V. HOLY SPIRIT HEALTH SYSTEM T/D/B/A HOLY SPIRIT HOSPITAL 503 North 21st Street Camp Hill, PA 17011 THOMAS W. ALDOUS, M.D. c/o Holy Spirit Hospital 503 North 21st Street Camp Hill, PA 17011 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION NO. CL - -?19 ' C.:tcai t., JURY TRIAL DEMANDED PLAINTIFFS' COMPLAINT I. Plaintiff Eileen Batka is an adult resident of Mechanicsburg, Cumberland County, Commonwealth of Pennsylvania. 2. Defendant Holy Spirit Health System, t/d/b/a Holy Spirit Hospital (hereinafter referred to as Holy Spirit Hospital) is a health care institution providing a broad range of health care services in Cumberland County, Pennsylvania. Plaintiff is asserting a professional liability claim against the Defendant. A Certificate of Merit is filed herewith. 3. Defendant Dr. Thomas Aldous, is a medical doctor holding himself out as a specialist in the area of emergency medicine, and at all relevant time provided care to patients in Camp Hill, Cumberland County, Pennsylvania. Plaintiff is asserting a professional liability claim against the Defendant. A Certificate of Merit is filed herewith. 4. The facts and occurrence hereinafter related began on or about December 22, 2004. 328920 5. On or about that date, Plaintiff Eileen Batka underwent a thoracic epidural steroid injection performed at Susquehanna Valley Pain Management, P.C., by Dr. Malik Momin. 6. Mrs. Batka had a history of a vertebral compression fracture at T6 and T7 which had caused her pain. 7. On or shortly after the injection, Mrs. Batka began to notice numbness in her legs and chest. 8. She initially called an ambulance, but by the time the ambulance arrived, the numbness had improved. 9. Nevertheless, a short time later the numbness returned and she was having difficulty ambulating and called an ambulance again. 10. The ambulance took her to the Holy Spirit Hospital Emergency Room where she was assessed by agents, servants and employees of Holy Spirit Hospital. 11. At that time and place she was complaining of severe pain from the bottom of her rib cage to her chest area and numbness in her lower extremities. 12. Mrs. Batka gave the emergency department employees, agents and servants a history of having had the epidural and facet joint injection earlier that day. 13. Mrs. Batka was given pain medication which was ineffective. 14.' Mrs. Batka complained that she was unable to move her legs and was numb up to her upper abdomen. 15. Despite Mrs. Batka's complaints, no MRI was ordered to determine whether or not she was suffering from a spinal hematoma. 16. Mrs. Batka was admitted to the Holy Spirit Hospital in the late evening of December 22, 2004, on an "observant basis." 328920 17. Despite the fact that her condition did not improve and in fact worsened, no further diagnostic tests were ordered. 18. The following morning an MRI was finally ordered. 19. The MRI revealed a large hematoma compressing the spinal cord in Ms. Batka's thoracic spine. 20. As a result, Mrs. Batka underwent emergency surgery to decompress the spinal cord by draining the hematoma. 21. As a result in the delay in testing, diagnosis and treatment of her spinal hematoma, Ms. Batka has suffered weakness and pain affects her ability to walk, bowel and bladder dysfunction, and to pursue her customary activities. 22. A hematoma following epidural injection is a well known complication which is required to be ruled out before a patient is placed in observation. 23. EILEEN BATKA is 68 years old. Her date of birth is June 20, 1938. COUNT I EILEEN BATKA V. THOMAS W. ALDOUS, M.D. 24. Paragraphs 1 through 23 are incorporated herein as if set forth at length. 25. Defendant, Dr. Aldous, who holds himself out to be a specialist in the field of emergency medicine, was negligent and careless in his substandard medical treatment of EILEEN BATKA as follows: a. Failure properly to assess Eileen Batka for epidural hematoma given her physical findings and history of recent spinal injection; b. Failure to order appropriate diagnostic tests including a thoracic MRI. C. Failure to require immediate neurosurgical consultants to assess Ms. Batka; and d. Asking that Ms. Batka be held in observation before ruling out epidural hematoma. 328920 WHEREFORE, Plaintiff EILEEN BATKA demands judgment against Defendant., in an amount in excess of Thirty-Five Thousand ($35,000) Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT II - Cor orate Nealleence EILEEN BATKA V HOLY SPIRIT HEALTH SYSTEM, TUBA HOLY SPIRIT HOSPITAL 25. Paragraphs 1 through 25 are incorporated herein as if set forth at length. 27. Defendant Holy Spirit Hospital, was negligent and careless in his substandard medical treatment of EILEEN BATKA as follows: a. Failure to properly promulgate and follow protocols for the urgent treatment of suspected epidural hematoma; b. failure to require immediate MRI for patient suspected of having developing epidural hematoma; C. Failure to have in place on call coverage for neurosurgical emergencies; d. Failure to have in place proper protocols and procedures for transferring patients to an institution which can provide immediate neurosurgical care when and if care is not available at Holy Spirit Hospital; C. Failure to require immediate consult with an appropriate neurosurgeon and/or orthopedic surgeon to rule out an enlarging hematoma causing progressive paralysis; f. Failure to transfer Ms. Batka to an institution which could provide immediate care when it was apparent that orthopedic surgeons refused to treat her; and g. Failing to treat or drain Ms. Batka's hematoma in a timely fashion so as to prevent injury to the nerve controlling her bowel and bladder and right leg. 28. As a result of the negligence of Holy Spirit Hospital, Plaintiff has suffered injury to her spine and the nerves controlling her bowel, bladder and lower extremities suffers from weakness in her legs, inability to drive more than a few minutes, constant thoracic pain and leg pain. 328920 WHEREFORE, Plaintiff EILEEN BATKA demands judgment against Defendant, in an amount in excess of Thirty-Five Thousand ($35,000) Dollars, exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. Date `3(2LIJO? Respectfully submitted, ANGINO & RO Neil 3. ,Y& ne 17 I.D. No. 221 4503 N. Fr t reet Harrisburg A 17110 (717) 238-6791 Counsel for Plaintiff(s) 328920 • • J VERIFICATION 1, EILEEN BATKA, Plaintiff, have read the foregoing Complaint and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 19 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. W* EILEEN BATKA ?f Date: f-%100/ 328920 ANGINO & ROVNM P.C. Neil J. Rovner, Esquire Attorney WO : 22108 4503 North Front Street Harrisburg, PA 17110-1708 (717) 23&6791 FAX (717) 236-5610 Attomeys for Plaintiff(s) EILEEN 13ATKA Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION HOLY SPIRIT HEALTH SYSTEM TIDE/A HOLY SPIRIT HOSPITAL 503 North 21 st Street Camp Hill, PA 17011 THOMAS W. ALDOUS, M.D. c/o Holy Spirit Hospital 503 North 21 st Street Camp Hill, PA 17011 Defendants NO. JURY TRIAL DEMANDED Certificate of Merit as to Thomas W. Aldous, M.D. I, Neil J. Rovner, certify that: ( ) an appropriate licensed professional has supplied a written statement to the ersigned that there is a basis to conclude that the care, skill or knowledge exercised or e bited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR ( ) the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or worts that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR ( ) expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: ?312 LI J6te 328920 ANGINO & KOVNER, P.C. Neil J. Romer, Esquire Attorney [D#: 22108 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attomeys for Plaintiff(s) EILEEN BATKA Plaintiff V. HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPHUT HOSPITAL 503 North 21st Street Camp Hill, PA 17011 THOMAS W. ALDOUS, M.D. c/o Holy Spirit Hospital 503 North 21 st Street Camp Hill, PA 17011 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MEDICAL PROFESSIONAL. LIABILITY ACTION NO. JURY TRIAL DEMANDED Certificate of Merit as to Holy Spirit Health System t/d/b/a Holy Spirit Hospital I, Neil J. Rovner, certify that: ( ) an appropriate licensed professional has supplied a written statement to the un?igned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR ( ) the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; OR { ) expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Date: W 2 Q 0 co 328920 EILEEN BATKA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL, and THOMAS W. ALDOUS, M.D., Defendants NO. 2006-4995 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2008, pursuant to an agreement by counsel for all parties, it is hereby ORDERED and DECREED that: 1. Discovery in this case will close on or before September 30, 2008; 2. Plaintiff's expert reports will be supplied by October 31, 2008; 3. Defendant's expert reports will be produced on or before November 30, 2008; 4. This case may be listed by agreement of the parties for the January 2009 Civil Trial Term for Cumberland County; 5. In the alternative, counsel are attached for the March 2009 Civil Trial Term in Cumberland County. BY THE COURT: (Laje? 2 1 _1 7 5 J. DISTRIBUTION : Neil J. Rovner, Esquire Angino & Rovner, P.C. 4503 North Front St. Harrisburg, PA 17110 Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 .Pc' 151 IRA MEHLMAN, MD 1520 York Avenue, Suite 23 D New York City, NY 10028 October 16, 2008 Angino & Rovner, P. C. Attn: Neil J. Rovner, Esquire 4503 Harrisburg, PA 17110-1708 RE: Eileen Betka in my capacity as a board certified Emergency Medicine and Internal medicine physician, you have requested that I review the care of Eileen Batka in December 2004, with respect to standards of care when she was seen on 12/22/04 and 12/23/04 at Holy Spirit Hospital. My medical opinions are informed by my review of the following materials: Medical Records of Susquehanna Valley Pain Management P.C.--12/22/04 Medical Records of Holy Spirit Hospital Emergency Room--12/18/04 & 12/22/04 Medical Records of Holy Spirit Hospital Admission--12/23/04 to 12/28/04 Medical Records of Health5outh Rehabilitation Hospital--12/2804 to 01/26/04 Medical Records of Dr. Thomas Young Deposition of Dr. Thomas W. Aldous, MD--4/25/07 « In December 2004, Eileen Batka was a 66 year old female retired nurse with a history of chronic back pains who was fapowed by neurosurgeon.Dr. Wiliam Beuder and Dr. Paul Young, MD. Her past medical history also included pulmonary embolism, shingles, cervical fusion, multiple fractures, and allergies. On 12/18/04, Eileen Batka was seen in the Emergency Department at the Holy Spirit Hospital In Camp Hill, PA, for a right sided pain which was concluded to be of musculoskeletal origin. Referred by Dr. Beuder, on 12/22/04, Eileen Batka, was seen by Dr. Manic Momin, MD, of the Susquehanna Valley Pain management group in Mechanicsburg, PA, for an epidural steroid injection and Joint facet injections for pain treatment for an old mid thoracic spine compression fracture at T6 and T7. At around 3 PM on 12/22/04, under fluoroscopy, Dr. Momin injected 10 cc of normal saline along with 80 mgm of methylprednisolone. on 12/22/04, shortly after returning home from the epidural injection, the patient developed severe 10/10 pain in the chest/thorax areas with abnormal sensory changes and called 911. She had previously called the ambulance but her symptoms abated and she did not go to the emergency room She called 911 again and was brought by EMS to the Holy Spirit Hospital around 9:25 PM. Dr. Thomas Aldous saw the patient in the ED and recorded a history of "legs not working weir, "feeling numb" , "cannot move her legs at all', "numb up to her abdomen", and described in his physical examination of the extremities "what appears to be a flaccid paralysis", "some spontaneous movement and her legs also frequently twitch", "the reflexes are diminished", "numbness in her lower extremities". Dr. Aidous's diagnosis was "questionable paralysis, status post epidural block" and ultimately after a number of phone calls to various "healthcare providers" admitted the patient to "observation status". Despite the above history, examination and course, no urgent MRI was done and no neurologist or neurosurgeon urgently saw the patient In the ED at this time. A Dr. Eric Binder admitted the patient. Drs. Peppelman, Wolf, and Yucha were contacted by Dr. Aldous about the patient. The patient continued in pain and was medicated. Ultimately, she was admitted for "observation" overnight around 1 AM. After admission, Eileen Batka continued in pain with diagnosis of "paralysis" with a nursing note "Dr. Peppelman to see in AM". At 2 AM a foley catheter was ordered Q by Dr. Binder) and inserted for urinary problems . Flnally, on 12/23/04, at 11:30 AM, an MR[ of thoracic and lumbar, spine was performed which demonstrated "an epidural hematoma present at the T6 and T7 levels resulting in moderate compression of the spinal cord at this lever. Neurosurgeon Roger Ostdahl, MD, was notified at this time and came In to evaluate and treat the patient. His Preoperative Note described a 1.8 x 1.2 centimeter thoracic epidural hematoma causing spinal cord compression and a clinical picture with T6 level of sensory loss to pinprick, paraplegia, no voluntary lower extremity movement, loss of proprioception, abnormal Babinskrs, and a Foley catheter for neurogenic bladder. Dr. Ostdahl took the patient to the operating room for urgent surgery at 2:11 PM ending at 3:55 PM for removal of the compressing hematoma. Subsequently, she remained in the hospital until 12/28/04, at which time she was transferred to HeaithSouth Rehabilitation Hospital (PRISM) in Mechanicsburg, PA, under the care of Dr. William Rolle, Jr, MD. She remained at the rehab hospital from 12/28/04 until discharge on 1/26/05 at which time she had significant residual "ambulatory dysfunction" requiring a walker to ambulate with limited distance, and had a neurogenic bladder and bowel dysfunction requiring Foley catheter and assistance for stool evacuation. She left rehab with catheter, walker and wheelchair In January 2005. On May 25,2005, she saw Dr. Ostdahl and continued with significant pains and dysetheslas, still requiring a walker to get around because of continuing lower extremity weakness. In summary, on 12/22/04, Eileen Batka was given an epidural injection in the afternoon, and suffered an epidural hematoma with classic symptoms and findings and was brought to the Holy Spirit Hospital ED where she was seen and treated by Dr. Aldous in the ED. The diagnosis of possible paralysis for which she was admitted for observation by Dr. Aldous required that he obtain immediate neurologic or neurosurgical evaluation along with urgent immediate MRi of the spine In the setting of her history of epidural injection earlier that same day. Dr. Aldous and the ED healthcare providers did not meet the standards of care in evaluating and treating Eileen Batka. Dr. Aldous and the providers failed to take a complete and accurate history and failed to interpret it correctly and correctly transmit this to any consultants as required by the standards of pre. Dr. Aldous and providers failed to perform a correct and complete physical examination and to correctly interpret it and transmit it to appropriate consultants. Dr. Aldous and providers failed to perform the mandatory urgent MR( of the spine as required in this patient by the standards of care and to urgently have neurosurgeons see this patient and get her to operating room for early required surgery to assure the very best outcome. The failure to perform a timely MRI and to obtain appropriate consultations in the emergency department, delayed the treatment of Mrs. Batka and lead to her current permanent deficits. All of my above medical opinions are presented to a reasonable degree of medical certainty. I reserve the right to add to or amend my above opinions as additional information or material become available. Thank you for the opportunity to review this unfortunate case of unnecessary injury. Please contact me If I can be of further assistance. Ira Mehlman, MD FACEP fACP CERTIFICATE OF SERVICE AND NOW, December 4, 2008, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing MOTION FOR SUMMARY JUDGMENT FILED BY HOLY SPIRIT HEALTH SYSTEMS T/D/B/A HOLY SPIRIT HOSPITAL upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Neil J. Rovner, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 (Counsel for Plaintiff) Thomas M. Chairs, Esquire ' ,., tl i t% ,? ? ? f, ?-! ?. _? ' ` Z.t ?'7 ? = (? 7 ? PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) EILEEN BATKA VS. HOLY SPIRIT HEALTH SYSTEM T/D/B/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. No. 4995 2006 Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Motion for Summary Judgment of Holv Spirit Health c.,o+-om is/ Holy Spirit Hospital 2. Identify all counsel who will argue cases: (a) for plaintiffs: Neil Rovner, Esquire 4503 North Front St. HBG PA 17110 (Name and Address) Thomas Chairs, Esquire 1200 Camn Hill Rypnss, St 205 camp h PA 17011 (b) for defendants: (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Thomas M chair ire Print your name Date: December 18, 200$ Attorneyfor Defendants, Holy Spirit Health Sysytem, t/d/b/a Holy Spirit Hospital INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is rellsted. rep c. ?-ti = •; r-°? ?: `` r?a c;? ?:? EILEEN BATKA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW HOLY SPIRIT HEALTH SYSTEM T/D/B/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D., Defendants 06-4995 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 7th day of January, 2009, before Edgar B. Bayley, Judge, present for the plaintiff was Neil J. Rovner, Esquire, and for the defendants, Thomas M. Chairs, Esquire. This medical negligence case is not at issue. There is an outstanding motion for summary judgment for one defendant already listed for argument. This argument should be scheduled before the panel on which this judge sits, and it will be resolved in time for the case to be tried during the April term. Counsel will relist the case for trial during the April term. The trial is expected to take four days. There will be several experts,testifying. It should receive preference so it can commence on the first ay /,of the term. , By th Co l Edgar B. Bayley, Neil J. Rovner, Esquire For Plaintiff Thomasa M. Chairs, Esquire For Defendants prs - A ?° ', ? ., y_ ?:?; --, . _? PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (x) for JURY trial at the next term of civil court CAPTION OF CASE (entire caption must be stated in full) EILEEN BATKA, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL THOMAS W. ALDOUS, M.D Defendants for trial without a jury (check one) () Assumpsit (x) Trespass () Trespass (Motor Vehicle) () Other The trial list will be called on March 17, 2009. Trials commence on April 13, 2009. Pre-trials will beheld on March 25, 2009 (Briefs are due 5 days before pre-trials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 314-1.) No. 06-4995 Civil Indicate the attorney who will try case for the party who files this praecipe Indicate trial counsel for other parties if known: Tom Chairs, Esquire This case is ready for trial. Signed: Print Na Neil J. Rovner Attorney for Plaintiff(s) Date: 1/8/09 .+a :4i u ANGINO & ROVNER, P.C. Neil J. Rovner, Esquire Attorney M# : 22108 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: nrovnerAmRino-row EILEEN BATKA, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION NO. 06-4995-Civil Term JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT HOLY SPIRIT HOSPITAL'S MOTION FOR SUMMARY JUDGMENT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Paragraph 6 is an incorrect statement of the facts. Mrs. Batka's feeling to her legs had returned and therefore she did not require the ambulance. However, when the numbness returned she initiated a second call. 7. Admitted. 8. Admitted. 9. Admitted, however, Dr. Aldous did not take the absolute, required step of performing an MRI which would have given the information needed to obtain an emergency neurosurgical intervention. 10. Denied as stated. Defendant Aldous, who did not have admitting privileges, did not seek to transfer Mrs. Batka to another institution where she could receive neurosurgical treatment. Dr. Aldous implored Dr. Binder to admit Mrs. Batka to the hospital after which a neurosurgical consultation was ultimately obtained the following morning. 11. The consult that was obtained was for a neurosurgeon not a neurologist. After an MRI was performed showing the spinal epidural hematoma compressing Mrs. Batka's spinal cord, it was drained on December 23, 2004. 12. It is denied that Mrs. Batka was "recovered well" from her operation. She has numbness, parasthesia, bowel and bladder dysfunction, and difficulty walking. 13. Admitted, however, Defendants sought to have a defense medical examination of Mrs. Batka and provided an expert report which included causation and damages issues to which Plaintiff requested time to respond. 14. At the present time Mrs. Batka has produced an expert report authored by Dr. Mehlman, who is not merely an emergency room physician but has been the administrator and head of several emergency rooms. Plaintiff has filed a supplemental report from Dr. Mehhnan which is attached hereto as Exhibit A. 15. Admitted, however, Exhibit A to this response is Dr. Mehlman's supplemental report. 16. Admitted. 17. The supplemental report of Dr. Mehhnan is sufficient to make out a claim of corporate negligence against the Holy Spirit Hospital. 18. Paragraph 18 is a correct statement of the law. 19. Paragraph 19 is an incorrect statement of the law, but in any event the hospital knew or should have known the necessity to obtain an MRI and immediate neurosurgical care for Mrs. Batka. 20. Denied. 21. Denied. The Motion for Summary Judgment of the Defendant, Holy Spirit Hospital, should be denied. WHEREFORE, for the reasons set forth in this response to the Motion for Summary Judgment, it is respectfully requested that this court enter an order denying judgment in favor of Holy Spirit Hospital. Respectfully submitted, P.C. Date: 1/8/09 Neil J. O squi I. D. N P 08 yangno-rovner.com nrovner(a 4503 North Front Street Harrisburg, PA 17110 Counsel for Plaintiff H ?a ???, ?C ?? Doc 26 08 11:10a Ira Mehlman 212-717-4694 p.1 IRA MEBLMAN, MD 1520 York Avenue, Suite 23 D New York City, NY 10028 Angino & Rovner Attn: Neil Rovner, Esq 4503 North Front Street Harrisburg, PA 17110 RE: Eileen Batka (Supplemental Report) December 26, 2008 During many years as an emergency department director in a variety of hospital, I have acquired a broad experience of administrative protocols and standards of care, vis a vis, procedures and practices for dealing with urgent consults and care including those requiring neurosurgical consultation and scat imaging. Such issues and situations also included in this domain are those of unreachable or "unavailable" physicians and/or consultants, services, and the appropriate responses. I have recently reviewed the medical reports of Drs. Joel Winer and Dean Dobkin regarding the care of Eileen Batka. My medical opinions presented in my original report remain the same after consideration of the above and it also remains my opinion that Holy Spirit Hospital failed to have appropriate procedures and protocols in place to facilitate the appropriate and prompt best care of Eileen Batka. The Holy Spirit Hospital's failure to have in force appropriate procedures to call in expert consultants, transfer the patient and perform an urgent MRI which would have shown the lesion requiring immediate surgery were below the standard of care with respect to Eileen Batka. These failures contributed to her unsatisfactory outcome, and denied her the fullest possible recovery and best outcome. All of my medical opinions are expressed to a reasonable degree of medical certainty. Please contact me if I can be of further assistance. Yours very truly, Ira Mehlman, MD FACEP FACP CERTIFICATE OF SERVICE I, Amyra W. Wagner, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the foregoing upon all counsel of record via postage prepaid first class United States mail addressed as follows: Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 Dated: 1/8/09 t,_ ??:. ? ?D -< <.: r? ?.:= ? ?" ?. ?'`? EILEEN BATKA, PLAINTIFF V. HOLY SPIRIT HEALTH SYSTEM t/d/b/a HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D., DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 06-4995 CIVIL TERM IN RE: MOTION FOR SUMMARY JUDGMENT BY DEFENDANT, HOLY SPIRIT HEALTH SYSTEM t/d/b/a HOLY SPIRIT HOSPITAL BEFORE BAYLEY, J. AND EBERT, J. ORDER OF COURT AND NOW, this L©`JC%` day of February, 2009, the motion of defendant, Holy Spirit Health System t/d/b/a Holy Spirit Hospital, for summary judgment, IS DENIED. By vNeil Rovner, Esquire For Plaintiff VT<omas Chairs, Esquire For Defendants sal J Edgar B. -z D< d? Cz) i LU co _ LL- C C9 CV 403632 DICKIE, MCCAMEY & CHILCOTE, P.C. ATTORNEY FOR: DEFENDANTS BY Thomas M. Chairs, Esquire HOLY SPIRIT HEALTH SYSTEM T/D/B/A ATTORNEY I.D. NO. 78565 HOLY SPIRIT HOSPITAL, THOMAS W. 1200 Camp Hill Bypass, Suite 205 ALDOUS, M.D. Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 ax EILEEN BATKA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. , NO. 2006-4995 MEDICAL MALPRACTICE ACTION Defendants It rn JURY TRIAL DEMAND TESTIMONY PURSUANT TO PA R.C P 4003 5(a)(2)' AND NOW, comes Defendant, Holy Spirit Health System by and through its attorneys, Dickie, McCamey & Chilcote, P.C. and files the within Motion for Leave of Court to Obtain Additional Discovery of an Opposing Party's Anticipated Expert Testimony in accord with PA R.C.P. 4003.5(a)(2) and in support thereof avers as follows: 1. Plaintiff initiated this civil action with the filing of a Complaint on or about August 28, 2006. 2. The Plaintiff's two-count Complaint charges Thomas W. Aldous, M.D. and the Holy Spirit Hospital with negligence for care and treatment surrounding Eileen Batka's admission to the Emergency Department of the Holy Spirit Hospital on December 22, 2004. 1 3. In the early afternoon on December 22, 2004, Ms. Batka received an epidural steroid injection at Susquehanna Valley Pain Management, P.C. by Dr. Malik Momin. 4. In the evening hours of December 22, 2004, Ms. Batka called 911 from her home because of complaints of numbness below her waist. 5. Ms. Batka refused transportation by the ambulance after her initial call. 6. Later in the evening, Ms. Batka placed a second call to 911 and was ultimately transported to the Emergency Department of the Holy Spirit Hospital. 7. In the Emergency Department, Ms. Batka was evaluated by Thomas Aldous, M.D. 8. Dr. Aldous after taking a history and performing a physical examination, telephoned Ms. Batka's primary care physician and treating neurologist. 9. Ultimately, the decision was made to admit Ms. Batka to the services of Dr. Binder who agreed to arrange for a neurosurgery consultation for Ms. Batka in the hospital. 10. A neurosurgery consultation was obtained and Ms. Batka was diagnosed with a spinal epidural hematoma which was ultimately relieved through surgery at approximately 2:15 p.m. on December 23, 2004. 11. According to her treating physicians, Ms. Batka has recovered well from the operation. 12. In support of her allegations of negligence, Ms. Batka has produced two (2) expert reports authored by an emergency room physician, Ira Mehlman, M.D. 13. The expert reports of Dr. Mehlman are attached hereto as Exhibit "A." 14. In his supplemental expert report Dr. Mehlman in conclusory fashion sets forth the following statement with respect to the Holy Spirit Hospital: 2 ... it also remains my opinion that Holy Spirit Hospital failed to have appropriate procedures and protocols in place to facilitate the appropriate and prompt.best care of Eileen Batka. The Holy Spirit Hospital's failure to have in force appropriate procedures to call in expert consultants, transfer the patient and perform an urgent MRI which would have shown the lesion requiring immediate surgery were below the standard of care with respect to Eileen Batka." See Supplemental Expert Report of Ira Mehlman, M.D. dated December 26, 2008, attached hereto as Exhibit "A." 15. The conclusory allegations of Dr. Mehlman were challenged by way of Motion for Summary Judgment filed on behalf of the Holy Spirit Hospital. 16. The Holy Spirit Hospital's Motion for Summary Judgment was denied by Order of Court dated February 10, 2009. A true and correct copy of this Honorable Court's Order disposing of the Holy Spirit Hospital's Motion for Summary is attached hereto as Exhibit "B." 17. It is the position of the Holy Spirit Hospital that the conclusory opinions of Dr. Mehlman are insufficient to place the Holy Spirit Hospital on notice of the basis for Dr. Mehlman's conclusions. 18. Dr. Mehlman's conclusory statement with respect to the Holy Spirit Hospital intentionally confounds duties that apply to treating physicians with duties of a corporate healthcare provider in order to create an issue of fact with respect to the Plaintiff's corporate negligence claims. 19. Dr. Mehlman fails to identify the policy at the Holy Spirit Hospital which Dr. Mehlman finds deficient. 20. Dr. Mehlman fails to identify and describe the policy which he believes all reasonably managed community hospitals are required to adopt and enforce. 3 21. The most detailed criticism set forth by Dr. Mehlman against the Holy Spirit Hospital appears in the following sentence: "The Holy Spirit Hospital's failure to have in force appropriate procedures to call in expert consultants, transfer the patient and perform an urgent MRI which would have shown the lesion requiring immediate surgery were below the standard of care with respect to Eileen Batka". See Supplement Expert Report of Ira Mehlman, M.D. dated December 26, 2008 attached hereto as Exhibit "A." 22. The Holy Spirit Hospital despite a diligent search of the relevant hospital standards cannot identify a universally applied hospital policy which could direct physicians to order consultations, transfer patients and require MRI imaging. 23. The Holy Spirit Hospital respectfully requests this Court afford The Holy Spirit Hospital the opportunity to obtain further discovery by "other" means as provided for under the Pennsylvania Rules of Civil Procedure. PA R.C.P. 4003.5(a)(2). 24. Dr. Mehlman, according to his CV, a copy of which is attached hereto as Exhibit "C" is presently a member of the medical staff in the Department of Emergency Medicine of the St. Joseph's Medical Center, Yonkers, New York, and attending staff in the Department of Emergency Medicine at North General Hospital, New York City, New York. 25. The Holy Spirit Hospital respectfully requests Dr. Mehlman be required to produce the policy or protocol in effect at one or either of the institutions where he currently practices, which he believes should have been in effect at the Holy Spirit Hospital and which he believes would have altered the outcome for Eileen Batka while a patient in the Emergency Department of the Holy Spirit Hospital on December 22, 2004. 4 26. Alternatively, the Holy Spirit Hospital respectfully requests the opportunity to take a discovery deposition of Dr. Mehlman to explore the foundation for the conclusory opinion set forth by Dr. Mehlman in his supplemental expert report. 27. In the absence of more specific information from Dr. Mehlman, the Holy Spirit Hospital is unfairly prejudiced in its ability to prepare an adequate defense to Dr. Mehlman's conclusory allegations. 28. The Pennsylvania Rules of Civil Procedure provide that the court, upon cause shown, may order further discovery of an opposing party's anticipated expert testimony. Pa. R.C.P. 4003.5(a)(2). 29. It has been stated that the Pennsylvania Rules of Civil Procedure do not prevent an expert from testifying as to facts or opinions on matters upon which he has not been interrogated in the discovery proceedings. Takes v. Metropolitan Edison Company, 440 Pa. Super 101, 655 A.2d 138 (1995), reversed in part on other grounds, 695 A.2d 397 (1997). 30. Holy Spirit Hospital wishes to fulfill its obligation to interrogate Dr. Mehlman to ascertain the foundation for the conclusory opinions set forth in Dr. Mehlman's pre-trial expert reports. 31. Plaintiff's counsel does not concur in the instant Motion. 32. Judge Bayley has issued prior rulings in this case. 5 WHEREFORE, Holy Spirit Hospital will request Leave of Court in accord with Pennsylvania Rule of Civil Procedure 4003.5(a)(2), to take a further discovery of Plaintiffs expert Ira Mehlman, M.D. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: February 18, 2009 By: Tho . Chairs, Esqu Supreme Court I.D. #78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-37'00 (717) 731-4800 Attorney for Defendants, Holy Spirit Health System t/d/b/a Holy Spirit Hospital, Thomas W. Aldous, M.D. 6 p?? 151 IRA MEHLMAN, MD 1520 York Avenue, State 23 D New York City, NY 10M October 16, 2008 Angino & Rovner, P. C. Attn: Nell J. Rovner, Esquire 4503 Harrisburg, PA 17110-1708 RE: Elleen fttka in my capacity as a board certified Emergency Medicine and Internal Medicine physician, you have requested that I review the care of Eileen Batka In December 2004, with respect to standards of care when she was seen on 12/22104 and 12/23/04 at Holy Spirit Hospital. My medical opinions are Informed by my review of the following materials: Medical Records of Susquehanna Valley Pain Management P.C.-12/22/04 Medical Records of Hoy Spirit Hospital Emergency Room-12/18/04 & 12/22/04 Medical Records of Holy Spirit Hospital Admission-12/23/04 to 12/28/04 Medical Records of HealthSouth Rehabilitation Hospital--12/2804 to 01/26/04 Medical Records of Dr. Thomas Young Deposition of Dr. Thomas W. Aldous, MD-4/25/07 • In December 2004, Eileen Batka was a 66 year old female retired nurse with a history of chronic back pains who was followed by neurosurgeon.Dr. William Reutler and Dr. Paul Young, MD. Her past medical history also inciuded pulmonary embolism, shingles, cervical fusion, multiple fractures, and allergies. on 12/18104, Eileen Batka was seen In the Emergency Department at the Holy Spirit Hospital in Camp Hill, PA, for a right sided pain which was concluded to be of musculoskeletal origin. Referred by Dr. Beutler, on 12/22/04, Eileen Batka, was seen by Dr. Malik Momin, MD, of the Susquehanna Valley Pain Management group in Mechanicsburg, PA, for an epidural steroid Injection and joint facet injections for pain treatment for an old mid thoracic spine compression fracture at T6 and T7. At around 3 PM on 12/22/04, under fluoroscopy, Dr. Momin injected 10 cc of normal saline along with 80 mgm of methylprednisokme_ on 12/22/04, shortly after returning home from the epidural injection, the patient developed severe 10/10 pain in the chest/thorax areas with abnormal sensory changes and called 911. She had previously called the ambulance but her symptoms abated and she didwe go to the emergency room She called 911 again and was brought by EMS to the Holy Spirit Hospital around 9:2S PM. Dr. Thomas Aldous saw the patient in the ED and recorded a history of "legs not working weir, "feeling numb", "cannot move her legs at ail", "numb up to her abdomen", and described in his physical examination of the extremities "what appears to be a flaccid paralysis", "some spontaneous movement and her legs also frequently twitch", "the reflexes are diminished", "numbness in her lower extremities". Dr. Aldoues diagnosis was "questionable paralysis, status post epidural block" and ultimately after a number of phone calls to various "healthcare providers" admitted the patient to "observation status". Despite the above history, examination and course, no urgent MRI was done and no neurologist or neurosurgeon urgently saw the patient In the ED at this time. A Dr. Eric Binder admitted the patient. Drs. Peppelman, Wolf, and Yucha were contacted by Dr. Aldous about the patient. The patient continued in pain and was medicated. Ultimately, she was admitted for "observation" overnight around 1 AM. After admission, Eileen Batka continued in pain with diagnosis of "paralysis" with a nursing note "Dr. Peppelman to see in AM". At 2 AM a foley catheter was ordered (? by Dr. Binder) and inserted for urinary problems, Finally, on 12/23/04, at 11:30 AM, an MRi of thoracic and lumbar, spine was performed which demonstrated "an epidural hematoms present at the T6 and T7 levels resulting in moderate compression of the spinal cord at this level". Neurosurgeon Roger Ostdahl, MD, was notified at this time and came In to evaluate-and treat the patient. His Preoperative Note described a 1.8 x 1.2 centimeter thoracic epidural hematome causing spinal cord compression and a clinical picture with T6 level of sensory loss to pinprick, paraplegia, no voluntary tower extremity movement, loss of proprioception, abnormal Babinskrs, and a Foley catheter for neurogenic bladder. Dr. Ostdahl took the patient to the operating room for urgent surgery at 2:11 PM ending at 3:55 PM for removal of the compressing hematoma. Subsequently, she remained in the hospital until 12/28/04, at which time she was transferred to HealthSouth Rehabilitation Hospital (PRISM) in Mechanicsburg, PA, under the care of Dr. William Rolle, Jr, MD. She remained at the rehab hospital from 12/28/04 until discharge on 1/26/05 at which time she had significant residual "ambulatory dysfunction" requiring a walker to ambulate with limited distance, and had a neurogenic bladder and bowel dysfunction requiring Foley catheter and assistance for stool evacuation. She left rehab with catheter, walloer and wheelchair in January 2005. On May 25,2005, she saw Dr. Ostdahl and continued with significant pains and dysethesias, still requiring a walker to get around because of continuing lower extremity weakness. In summary, on 12/22/04, Eileen Batka was given an epidural Injection in the afternoon, and suffered an epidural hematoma with classic symptoms and findings and was brought to the Holy Spirit Hospital ED where she was seen and treated by Dr. Aldous in the ED. The diagnosis of possible paralysis for which she was admitted for observation by Dr. Aldous required that he obtain Immediate neurologic or neurosurgical evaluation along with urgent immediate MRI of the spine in the setting of her history of epidural injection earlier that same day. Dr. Aldous and the ED healthcare providers did not meet the standards of care In evaluating and treating Eileen Batka. Dr. Aldous and the providers failed to take a complete and accurate history and failed to interpret it correctly and correctly transmit this to any consultants as required by the standards of care. Dr. Aldous and providers failed to perform a correct and complete physical examination and to correctly interpret it and transmit it to appropriate consultants. Dr. Aldous and providers failed to perform the mandatory urgent MRI of the spine as required in this patient by the standards of care and to urgently have neurosurgeons see this patient and get her to operating room for early required surgery to assure the very best outcome. The failure to perform a timely MRi and to obtain appropriate consultations in the emergency department, delayed the treatment of Mrs. Batka and lead to her current permanent deficits. All of my above medical opinions are presented to a reasonable degree of medical certainty. I reserve the right to add to or amend my above opinions as additional information or material become available. The nk you fix the opportunity to review this unfortunate case of unnecessary injury. Please Contact me if i can be of further assistance. Ira Mehiman, MD FACEP FACP Dec 26 08 11:10a Ira Mehlman 212-717-4694 P.1 IRA MEBLMAN, MD 1520 York Avenue, Suite 23 D New York City, NY 10028 Angino & Rovner Attn: Neil Rovner, Esq 1 4503 North Front Street Harrisburg, PA 17110 RE: Eileen Batka (Supplemental Report) December 26, 2008 During many years as an emergency department director in a variety of hospital, I have acquired a broad experience of administrative protocols and standards of caste, vis a vis, procedures and practices for dealing with urgent consults and care including those requiring neurosurgical consultation and stat imaging. Such issues and situations also included in this domain are those of unreachable or "unavailable" physicians and/or consultants, services, and the appropriate responses. I have recently reviewed the medical reports of Drs. Joel Winer and Dean Dobkin regarding the care of Eileen Batka. My medical opinions presented in my original report remain the same after consideration of the above and it also remains my opinion that Holy Spirit Hospital failed to have appropriate procedures and protocols in place to facilitate the appropriate and prompt best care of Eileen Batka. The Holy Spirit Hospital's failure to have in force appropriate procedures to call in expert consultants, transfer the patient and perform an urgent MRI which would have shown the lesion requiring immediate surgery were below the standard of care with respect to Eileen Batka. These failures contributed to her unsatisfactory outcome, and denied her the fullest possible recovery and best outcome. All of my medical opinions are expressed to a reasonable degree of medical certainty. Please contact me if I can be of further assistance. Yours very truly, '?r>re??iGaQQw?w, Ira Mehlman, MD FACED FACP r? I L_,? EILEEN BATKA, PLAINTIFF V. HOLY SPIRIT HEALTH SYSTEM t/d/b/a HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D., DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ?P - G-?? 064995 CIVIL TERM IN RE: MOTION FOR SUMMARY JUDGMENT BY DEFENDANT, HOLY SPIRIT HEALTH SYSTEM t/d/b/a HOLY SPIRIT HOSPITAL BEFORE BAYLEY, J. AND EBERT, J. ORDER OF COURT AND NOW, this day of February, 2009, the motion of defendant, Holy Spirit Health System t/d/b/a Holy Spirit Hospital, for summary judgment, IS DENIED. By Edgar B. Neil Rovner, Esquire For Plaintiff Thomas Chairs, Esquire For Defendants :sal Pr- •145/ CURRICULUM VITAE IRA MEHLMAN, M.D., FRCP, FACEP 1520 York Avenue, Suite 23 D New York, NY 10028 Telephone: 212-717-4693 EDUCATION: CORNELL MEDICAL COLLEGE NYC, NY MD Degree June 1968 PRINCETON UNIVERSITY PRINCETON, NJ BS Degree in Physics and Molecular Biology June 1963 Internship and Internal Medicine Residency S.F. CA 1968-1970 Internal Medicine Residency/Endocrinology Fellowship 1974-1979 Walter Reed Army Medical Center, Washington, DC SOCIETIES: Fellow of the American College of Physicians (FRCP) Fellow of the American College of Emergency Physicians (FACEP) Board-Certified Internal Medicine 1977 Board-Certified Endocrinology/Metabolism 1979 Board-Certified Emergency Medicine 1991 2001 Member, DC Academy of Medicine , Present EXPERIENCE APPOINTMENTS: US Army Medical Corps, General Medical Officer, Europe 1970-1974 Chief, Emergency Medicine Department Washington, DC Walter Reed Army Medical Center (WRAMC) 1981-1992 Attending Staff, Internal Medicine, WRAMC 1979-1981 Assistant Professor of Medicine, USUHS 1981-1992 Associate Professor of Medicine, USUHS 1996-2001 Clinical Assistant Professor of Medicine, Georgetown University Medical Center 1980-1992 Curriculum Vitae Ira Mehlman, M.D. Page 2 U.S. Congressional Escort Physician 1979-1992 Assistant Chief, Emergency Medicine Department, Sibley Memorial Hospital, Washington, DC 1992-1993 Senior Attending Staff, Emergency Department, Washington Hospital Center 1993-1994 Chief Physician, Internal Medicine, PsyCompCare, Silver Spring, MD 1992-1994 Director, Emergency Medicine/Acute Care Bethesda National Naval Medical Center 1994-1997 Director, Department of Emergency Medicine Greater Southeast Hospital, Washington, DC 01/98-06/98 Director, Department of Emergency Medicine Memorial Medical Center, South Amboy, NJ 11/98-08/99 Senior Attending Staff, Emergency Department Walter Reed Army Medical Center, Washington, DC 1998-2001 Director, Department of Emergency Medicine Saint Mary's Hospital, Leonardtown, MD 10/99-06/01 Director, Department of Emergency Medicine Mary Immaculate Hospital, Saint Vincent 06/01-11/03 Catholic Medical Centers, New York, NY Director, Department of Emergency Medicine 11/03-10/05 Nyack Hospital, Nyack, New York Associate Director, Department of Emergency Medicine 10/05 -1/06 Nyack Hospital, Nyack, New York . Senior Staff Attending, Department of Emergency Medicine 1/06-11/06 Nyack Hospital, Nyack, New York Staff Attending, Department of Emergency Medicine 1/07 - present St. Joseph's Medical Center, Yonkers, New York Staff Attending, Department of Emergency Medicine 2/07 - present North General Hospital, New York City, New York LICENSES: New York current LANGUAGES: Bilingual in French and English. Conversant in Spanish. PERSONAL: U.S. Citizen. Born in New York City. Retired U.S. Army Medical Corps Colonel. Trained in Internal Medicine and Endocrinology. Traveled extensively with many congressional delegations as a physician to congressmen traveling throughout the world. Extensive experience in Emergency and Critical Care Medicine. Experience with HMO general medicine. Have practiced and taught in busy, high acuity emergency departments. Experience with problems and care of handicapped patients. CERTIFICATE OF SERVICE AND NOW, February 13, 2009, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing HOLY SPIRIT HOSPITAL'S MOTION FOR LEAVE OF COURT TO OBTAIN ADDITIONAL DISCOVERY OF AN OPPOSING PARTY'S ANTICIPATED EXPERT TESTIMONY PURSUANT TO PA R.C.P. 4003.5(a)(5) upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Neil J. Rovner, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 (Counsel for Plaintiff) Thomas M. Esquire CC! ANGINO & ROVNER, P.C. Neil J. Rovner, Esquire Attorney ID# : 22108 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) EILEEN BATKA, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION NO. 06-4995-Civil Term JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANT HOLY SPIRIT HOSPITAL'S MOTION FOR LEAVE OF COURT TO OBTAIN ADDITIONAL DISCOVERY OF AN OPPOSING PARTY'S ANTICIPATED EXPERT TESTIMONY IN ACCORD WITH PA R.C.P. 4003.5(a)(2) AND NOW, comes Plaintiff, Eileen Batka, by and through her attorneys, Angino & Rovner, P.C. and files the Response to Defendant Holy Spirit Hospital's Motion for Leave of Court to Obtain Additional Discovery of an Opposing Party's Anticipated Expert Testimony in accord with PA R.C.P. 4003.5(a)(2) and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied as stated. Mrs. Batka's numbness abated and therefore she did not require transportation at that time. 6. Admitted. 7. It is admitted that Mrs. Batka was seen by Dr. Thomas Aldous, M.D. It is denied that she was appropriately evaluated, or that appropriate tests were ordered given her history and physical examination. 8. Denied as stated. Dr. Aldous failed to call on-call physicians who would have been required to come in to see Mrs. Batka. 9. Denied as stated. Dr. Aldous, who does not have admitting privileges to the hospital, called Dr. Binder at midnight and got him to agree to admit Mrs. Batka. It is denied that Dr. Binder was given appropriate information. 10. Denied as stated. A neurosurgery consultation was obtained the following morning. Mrs. Batka was taken for emergency surgery to decompress the spinal hematoma. It is denied that the decompression relieved Mrs. Batka's entire symptoms. 11. Denied as stated. Mrs. Batka has recovered from the operation, however, not from the consequences of the delay in performing the operation. 12. Admitted. 13. Admitted. 14. Admitted. 15. Admitted. 16. Admitted. 17. Denied. If Defendant objects to the conclusiary opinions of Dr. Mehlman they may challenge them at trial, and there is no good cause for requiring a deposition of Dr. Mehlman. 18. Denied as stated. Plaintiff finds this paragraph both conclusory and unintelligible. 19. Dr. Mehlman's report speaks for itself. 20. Defendant has argued this previously and have been denied by the court. 21. The report speaks for itself. This is a reiteration of the allegations of the Motion for Summary Judgment and should be denied. 22. Paragraph 22 is an assertion of alleged fact which is also couched in such a way as to be meaningless. Holy Spirit asserts that it has made a "diligent search" of the "relevant" hospital standards and cannot identify a "universally" applied hospital policy which "could direct physicians to order consultations". If this is so, they may present this evidence at trial subject to cross-examination. 23. There is no basis upon which the Holy Spirit Hospital should be permitted to obtain "further discovery" as there is no good cause shown and the matters can be taken up at trial under cross-examination. 24. Admitted. 25. Paragraph 25 has no basis in Pennsylvania law to allow such a remedy. Defendant seems to wish to pre judge this case, and pre-cross examine Dr. Mehlman which is completely unnecessary, 26. See answer to Paragraph 25 above. 27. Holy Spirit Hospital is not unfairly prejudiced in its ability to prepare an adequate defense as they can fully cross-examine Dr. Mehhnan and present evidence that there are no such standards as they claim at Holy Spirit Hospital. 28. Is a correct statement of the law. 29. Paragraph 29 states a legal assertion which has no bearing on Defendant's Motion since an expert is confined to the fair scope of his report 30. Holy Spirit Hospital has set forth no good cause shown for taking the deposition of Dr. Mehlman prior to trial, and has a full chance to assert the positions asserted in this motion as trial. 31. Admitted. 32. Admitted. WHEREFORE, the Plaintiff prays your Honorable Court to deny the Motion of the Defendant as essentially duplicative of its Motion for Summary Judgment and without the necessary good cause shown to require a deposition of the Plaintiff's expert. Respectfully submitted, ANGINO &RRWNE_R. P.C. Net J.1t ; Lt's rf I. D. N (/2 b8 4503 ont eet Harrisburg, Phi 17110 (717) 238-6791 Date Counsel for Plaintiff(s) CERTIFICATE OF SERVICE I, Amyra W. Wagner, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFF'S RESPONSE TO DEFENDANT HOLY SPIRIT HOSPITAL'S MOTION FOR LEAVE OF COURT TO OBTAIN ADDITIONAL DISCOVERY OF AN OPPOSING PARTY'S ANTICIPATED EXPERT TESTIMONY IN ACCORD WITH PA R.C.P. 4003.5(a)(2) upon all counsel of record via postage prepaid first class United States mail addressed as follows: Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 Dated: wil: . 4- ?; EILEEN BATKA, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 06-4995 CIVIL HOLY SPIRIT HEALTH SYSTEM t/d/b/a HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D., Defendants JURY TRIAL DEMANDED IN RE: MOTION TO COMPEL OF DEFENDANT HOLY SPIRIT HOSPITAL ORDER AND NOW, this y day of March, 2009, a brief argument on the within motion to compel is set for Thursday, March 12, 2009, at 3:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. Neil Rovner, Esquire For the Plaintiff v,-?homas Chairs, Esquire For the Defendants Am cof%? tL 1 --?-/rl BY THE COURT, '/ ? /'/' /', A,/- Kevin V Hess, J. VINVAI SNN3d Ill Nib ,rl;"?(13 90 .q Wd h- HVW 60DZ AWl °`4OHIOliid BHL JO DICKIE, MCCAMEY & CHILCOTE, P.C. BY Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 BY Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 (Fax) EILEEN BATKA, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D., Defendants ATTORNEY FOR: DEFENDANTS HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4995 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED AND NOW, comes Defendant, Holy Spirit Hospital, by and through its counsel, Dickie, McCamey & Chilcote, P.C. and files the within REPLY TO THE RESPONSE SUBMITTED ON BEHALF OF THE PLAINTIFF TO DEFENDANT'S MOTION FOR LEAVE OF COURT TO OBTAIN ADDITIONAL DISCOVERY OF OPPOSING PARTY'S ANTICIPATED EXPERT TESTIMONY IN ACCORD WITH Pa.R.C.P. 4003.5(a)(2) and in support thereof avers as follows: L-32. Plaintiffs Response to The Holy Spirit's Request for additional discovery of an opposing party's anticipated expert testimony suggests that the Plaintiff should be afforded the opportunity to submit a conclusory expert report and that the burden is upon the Defendant to draw out the basis for the Plaintiffs expert opinion by cross examination at trial. Specifically at 1 paragraph 23 of Plaintiffs response, Plaintiff states "[t]here is no basis upon which The Holy Spirit Hospital should be permitted to obtain `further discovery' as there is no good cause shown and the matters can be taken up at trial on cross examination." It is the position of The Holy Spirit Hospital that Plaintiff s argument is without foundation and should be rejected. Instructive on this point is Pennsylvania Rule of Evidence 705 which provides that an "expert may testify in terms of opinion or inference and give reasons therefore; however, the expert must testify as to the facts or data on which the opinion or inference is based." Pa.R.E. 705. The comment to Rule 705 specifically advises that: The text and substance of Pa.R.E. 705 differ significantly from F.R.E. 705. The Federal Rule generally does not require an expert witness to disclose the facts upon which an opinion is based prior to expressing the opinion. Instead, the cross examiner bears the burden of probing the basis of the opinion. Pennsylvania does not follow the Federal Rule. See, Kozak v. Struth, 515 Pa. 545, 560, 531 A.2d, 420, 423 (1987) (Declining to adopt F.R.E. 705, the Court reasoned that "requiring the proponent of an expert opinion to clarify for the jury the assumptions upon which the opinion is based avoids planting in the juror's mind a general statement likely to remain with him in a jury room when the disputed details are lost.") Relying on cross examination to illuminate the underlying assumptions as F.R.E. 705 does, may further confuse jurors already struggling to follow complex testimony. Id. Pa.R.E. 705, comment. The Holy Spirit Hospital respectfully submits that the Plaintiff has failed to identify a basis in fact for the conclusions of Dr. Melvin's opinion and the Holy Spirit Hospital respectfully requests this Court afford the Holy Spirit Hospital the opportunity to obtain further discovery of Dr. Mehlman's anticipated expert testimony as provided for under Pa. R.C.P. 4003.5(a)(2). 2 Respectfully Submitted, DICIUE, MCCAMEY & CHILCOTE, P.C. Date: March 6, 2009 By: Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Holy Spirit Health System t/d/b/a Holy Spirit Hospital, Thomas W. Aldous, M.D. 3 CERTIFICATE OF SERVICE AND NOW, March 6, 2009, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing REPLY OF THE HOLY SPIRIT HOSPITAL TO PLAITNIFF'S RESPONSE TO DEFENDANT HOLY SPIRIT HOSPITAL'S MOTION FOR LEAVE OF COURT TO OBTAIN ADDITIONAL DISCOVERY OF OPPOSING PARTY'S ANTICIPATED EXPERT TESTIMONY IN ACCORD WITH PA. R.C.P. 4003.5(A)(2) upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Neil J. Rovner, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 f> / M. Chairs, Esquire r.a ., T t 5 r CT% o - 4^r - Kr f EILEEN BATKA, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D., Defendants JURY TRIAL DEMANDED ORDER AND NOW this /Z' day of 1,;,,4,.c.4 , 2009, upon consideration of the Motion for Leave of Court filed by the Holy Spirit Hospital, is HEREBY ORDERED and DECREED that said Motion is GRANTED. Plaintiff is directed to produce any policies or protocols made reference to in Dr. Mehlman's expert reports, which were in effect in December 2004 at any hospital where Ira Mehlman, M. D. has practiced as an Emergency Department physician. Plaintiff shall produce the policies or protocols before March 25, 2009, #" the date set for the Pre-Trail Conference in this matter. In the a4amAiv ?,' erected to oduce Ira Mehlman M.D. for jefiq - is matter. BY THE COURT: FEPj 2 4 20CA 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4995 MEDICAL MALPRACTICE ACTION 5cv 3 Q; ) 1 S • V DICKIE, MCCAMEY & CHH.COTE, P.C. BY Francis E. Marshall, Jr., Esquire ATTORNEY I.D. NO. 27594 BY Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 BY Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 (Fax) EILEEN BATKA, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. , Defendants ATTORNEY FOR: DEFENDANTS HOLY SPIRIT HEALTH SYSTEM T/DB/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4995 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED AND NOW, comes Defendant, Thomas W. Aldous, M.D., by and through his attorneys, Dickie, McCamey & Chilcote, P.C. and files the within Motion in Limine to Preclude the Plaintiff from introducing medical bills associated with care and treatment rendered to Eileen Batka and in support thereof avers as follows: 1. Plaintiff, Eileen Batka charges the Holy Spirit Hospital and Thomas W. Aldous, M.D. with negligence for care and treatment surrounding Ms. Batka's emergency department visit of December 22, 2004. 2. The Plaintiff has certified this case as ready for trial. 3. Trial of this case is scheduled to begin on Monday, April 13, 2009. 1 4. A Pre-Trial Conference is scheduled to take place before The Honorable Edgar B. Bayley on March 25, 2009. 5. In preparation for trial, Plaintiff recently accomplished the trial deposition of Roger H. Ostdahl, M.D. 6. Dr. Ostdahl is the physician that operated on Ms. Batka in the early afternoon of December 23, 2004. 7. The testimony from Dr. Ostdahl's trial deposition has yet to be transcribed. 8. Notwithstanding the foregoing, at the time of his trial deposition Dr. Ostdahl testified clearly and unequivocally that a patient such as Eileen Batka is a candidate for surgery within 24 hours after the onset of paralysis brought on by epidural hematoma. 9. Dr. Ostdahl further testified consistent with his post-op records of treatment, a copy of which is attached hereto as Exhibit "A", that Ms. Batka "made a rather remarkable recovery" from her situation of complete paraplegia prior to her emergency surgery. Post-op treatment record of Roger Ostdahl, M.D. for Eileen Batka dated March 2, 2005 at pg. 2. 10. In sum, Dr. Ostdahl testified that Eileen Batka was a candidate for the surgery she received and that her post surgery care progressed better than anticipated. 11. There was no testimony from Dr. Ostdahl to in anyway suggest that any care or treatment that Eileen Batka received was caused by any negligence on the part of any Defendant. 12. The Plaintiff has the burden of proving through expert testimony a causal connection between any alleged negligence on the part of the Defendants and any damages allegedly sustained by the Plaintiff. Hamil v. Bashline, 481 Pa. 256, 392 A.2d 280 (1978). 2 13. The Plaintiff has produced a summary spread sheet of medical expenses incurred by Eileen Batka at the time of and subsequent to her emergency department visit on December 22, 2004. A copy of the Plaintiffs summary form is attached hereto as Exhibit "B". 14. The Plaintiffs sole remaining expert, Dr. Mehlman, has authored two (2) reports in this case. The expert reports of Dr. Mehlman are attached hereto as Exhibit "C". 15. Dr. Mehlman has failed to comment upon any of the medical expenses incurred by Eileen Batka in his Pre-Trial Expert Reports. 16. The Plaintiff is without expert testimony to draw a causal connection between any alleged negligent conduct on the part of the Defendants and the medical expenses incurred by Eileen Batka on December 22, 2004 and thereafter. 17, In the absence of expert testimony to draw a causal connection between medical expenses incurred by Eileen Batka and any alleged negligence on the part of the Defendants, it is respectfully submitted that the Court should preclude the Plaintiff from introducing evidence of medical expenses at the time of trial. See, Hamil v. Bashline, 481 Pa. 256, 392 A.2d 280 (1978) WHEREFORE, Defendants respectfully request that the Court enter an Order precluding the Plaintiff from introducing evidence of medical expenses at the trial of this case. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: March 23, 2009 By: 777 mas M. Chairs, Esquire Supreme Court I.D. #78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants 3 ? "?'' ?x?,b, BARRY B. MO( NEUROLOGICAL SURGERY, LTD. ROGER H. OSTD, 920 Century Drive, Mechanicsburg, PA 17055-8404 T@L: (717) 697-5800 Fax: (717) 697-2719 GEORGE R. ROTH, ww.brain-spine-surgery.com (Retired) ?v committed to e;p ferme in neurosurgical care March 2, 2005 Thomas A. Young, M.D. SUSQUEHANNA INTERNAL MEDICINE ASSOC., P.C. Medical Arts Building 890 Poplar Church Rd., S-508 Camp Hill, PA 17011 RE: Eileen T. Batka Dear Dr. Young: M.D. M.D. .j M.D. Ms. Eileen Batka was seen in the office today, February 23, for further postoperative follow-up. C had initially seen her on an emergency basis on December 23 at Holy Spirit Hospital, at which time she was paraplegic from a thoracic epidural hematoma. She had been seen in the emergency room the previous evening and admitted to the hospital early during the morning hours. She was rushed to surgery as soon as I saw her, and the epidural hematoma related to a thoracic epidural injection was evacuated. She began to improve fairly soon following the surgery, and was then at rehab for a period j of time, and she is now home. She continues to slowly improve. She is now ambulatory using a walke She is not able to drive yet because of some difficulty with full movement and coordination of her right lower extremity. She still has the thoracic pain related to the osteoporotic compression fracture, and she has improved a great deal with regard to the postoperative muscle pain. She describes some burning pain in the right foot along the medial portion of the foot related to further neural recovery. This is a dysesthetic type of burning discomfort, but she is not having any pain in the left lower extremity or foot. She has been having difficulty with bladder function, and the catheter was just removed recently. She is now taking Trimethoprim for a urinary tract infection and Pyridium, 100 mg. daily for both the Pyridlum and Trimethoprim. She is using Lidoderm patches, with one 5% patch applied every twelve hours to the thoracic region, and she takes extra strength Tylenol two tablets q.i.d. She had used Neurontin in the past but developed side effects related to this. She experienced definite improvement with her lower extremities with SCDs while she was in the hospital, but now at home she is having mor j discomfort and difficulty in the morning without the SCDs. She is wearing TED hose. She is ambulating today fairly steadily using a walker. Her good friend accompanied her today. She has prominent lower extremity venous varicosities. There is some hypalgesia somewhat diffusely over the distal right lower extremity with pinprick testing. The lower extremity deep tendon reflexes are 1 + and symmetrical. There are no long tract signs present. The thoracic incision is well-healed with n localized incisional tenderness. She has mild weakness of dorsiflexion of both feet, a little more noticeable with the right foot than the left foot, but she has had a remarkable recovery of motor funcctio all things considered. She is in fairly good spirits. She is hoping to be able to drive during the next few months, because she is quite frustrated at being homebound. She is interested in obtaining hand controls for driving if she does not recover further coordination with her right foot to allow her to drive during the next few months. Brain Surgery - tumors, aneurysms Pituitary tumors Trigeminal neuralgia Spine Surgery and Instrumentation - ruptured discs, spinal stenosls Stimulator Implants for pain Microsurgery and Laser Surgery Carpal Tunnel Surgery Peripheral Nerve Surgery Page 2 March 2, 2005 RE: Eileen T. Batka She was given a prescription today for additional Lidoderm patches, 30 patches with three refill: and she was also given a prescription for a trial SCDs, and she is going to pay for these herself. I would like to see her back in about three months for further follow-up. Overall, she has made a rather remarkable recovery so far from her situation of complete paraplegia prior to her emergency surgery. Very sincerely, ?k- ' Roger H. Ostdahl, M.D. RHO/ms Exk4it 6 i i i -4 (n 0c -1 3 D r0 m 0-- O> -1 r co ZS vm a to Z -4 OND (D Mm A Ot . 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A x -1 loo QD N M m 0W Ca za ?m O a v0 2 Z O ?z D r w co m m z z m m n N H 0 a N M D D 2: z N D O 3 z W N_ D W O D W N O m W H a r m m z 1 D° s s -1 VI N m m m a < O H M M r 0 O M W z w W CLI r O H W 1 \ { 0 N W t o N 0 A a+ ro ro O z c r4 M n a x tw u d H to 0 N W CC 0 r-t- Fr O C • . G IRA MEWMAN, IWID 1520 York Avenue, Suite 23 D New York City, NY 10028 October 16, 2008 Angino & Rovner, P. C. Attn: Neil J. Rovner, Esquire 4503 Harrisburg, PA 17110-1708 M' EHean Soft in my capacity as a board certifad Emergency Medicine and Internal Medicine physician, you have requested that i review the care of Eileen Batka in December 2004, with respect to standards of pre when she was seen on 12/22/04 and 12/23/04 at Holy Spirit Hospital. My medical opinions are Informed by my review of the hollowing materials: Medical Records of Susquehanna Valley Pain Management P.C.-12/22/04 Medical Records of Holy Spirit Hospital Emergency Room-12/1$/04 & 12/,22/04 Medical Records of Holy Spirit Hospital Admission-12/23/04 to 12/28/04 Medical Records of HealthSouth Rehabilitation Hospital-12/2804 to 01/26/04 Medical Records of Dr. Thomas Young Deposition of Dr. Thomas W. Aldous, MD--4/25/07 • In December 2004, Eileen BatM was a 66 year old female retired nurse with a history of chronic back pains who was followed by neurosurgeon.Dr. wiNlam Seutler and Dr. Paul Young, MD. Her past medical history also included pulmonary embolism; shingles, cervical fuOon, multiple fractures, and allergies. On 12/18/04, Eileen Satka was seen in the Emergency Department at the Holy Spirit Hospital in Camp Hill, PA, for a right sided pain which was concluded to be of musculoskeletal origin. Referred by Dr. Beutler, on 12/22/04, Eileen Deft, was seen by Dr. Mack Momin, MD, of the Susquehanna Valley Pain Management group in Mechanicsburg, PA, for an epkiun d steroid Injection and joint facet injections for pain treatment for an old mid thoracic spine compression fracture at T6 and T7. At around 3 PM on 12/22/04, under fluoroscopy, Dr. Momin injected 10 cc of normal saline along with 80 mgm of methylprednisolone_ On 12/22/04, shortly after returning home from the epidural injection, the patient developed severe 10/10 pain In the chest/thorax areas with abnormal sensory changes and called 911. She had previously called the ambulance but her symptoms abated and she did not go to the emergency room She called 911 again and was brought by EMS to the Holy Spirit Hospital around 9:25 PM. Dr. Thomas Aldous saw the patient in the ED and recorded a history of "legs not working weir, "feeling numb", "cannot move her Legs at air, "numb up to her abdomen", and described in his physical examination of the extremities "what appears to be a flaccid paralysis", "some spontaneous rnoverrient and her legs also frequently twitch", "the reflexes are diminished "numbness In her lower extremities". Dr. Aldoues diagnosis was "questionable paralysis, status post epidural block"' and ultimately after a number of phone calls to various "healthcare providers" admitted the patient to "observation status". Despite the above history, examination and course, no urgent MRi was done and no neurologist or neurosurgeon urgently saw the patient In the ED at this time. A Dr. Eric Binder admitted the patient. Drs. Peppelman, Wolf, and Yucha were contacted by Dr. Aldous about the patient. The patient continued in pain and was medicated. Ultimately, she was admitted for "observation" overnight around 1 AM. After admission, Eileen Batka continued in pain with diagnosis of "paralysis" with a nursing note "Dr. Peppelman to see In AM". At 2 AM a Foley catheter was ordered (? by Dr. Binder) and inserted for urinaryproblems. Fml y, on 12/23/04, at 11:30 AM, an MRI of thoracic and himbar, spine was performed which denxmstrated "an epidural hemawma present at the T6 and TI levels resulting in moderate compression of the spinal card at this level". Neurosurgeon Roger Ostdahl, MD, was notified at this time and came in to evaluate-and treat the patient. His Preoperative Note described a 1.8 x 11 centimeter thoracic epidural hematoma causing spinal card compression and a clinical picture with T6 level of sensory loss to pinprick, paraplegia, no voluntary louver extremity movernent, loss of proprioception, abnormal Babinskrs, and a Foley catheter for neurogenic bladder. Dr. Ostdahl took the patient to the operating room for urgent surgery at 2:11 PM ending at 3:55 PM for removal of the compressing hematoma. Subsequently, she remained in the hospital until 12/28/04, at which time she was transferred to HeatthSouth Rehabilitation Hospital (PRISM) in MechanM?lxrrg, PA, under the care of Dr. William Rolle, Jr, MO. She remained at the rehab hospital from 12/28/04 until discharge on 1/26/05 at which time she had significant residual "ambulatory dysfunction" requiring a walker to ambulate with limited distance, and had a neurogenic bladder and bowel dysfunction requiring Posey catheter and assistance for stool evacuation. She left rehab with catheter, walker and wheelchair In January 2005. On May 25,2005, she saw Dr. Ostdahl and continued with significant pains and dysetheslas, stilt requiring a walker to get around because of continuing lower extremity weakness. In summary, on 12/22/04, Eileen Banda was given an epidural Injection in the afternoon, and suffered an epidural hematoma with classic symptoms and findings and was brought to the Holy Spirit Hospital ED where she was seen and treated by Dr. Aldous in the ED. The diagnosis of possible paralysis for which she was admitted for observation by Dr. Aidous required that he obtain immediate neurologic or neurosurgical evaluation along with urgent immedete MRI of the spine in the setting of her history of epidund injection earlier that same day. Dr. Aldous and the ED healthcare providers did not meet the standards of care in evaluating and treating Eileen Batka. Dr. Aldous and the providers failed to take a complete and accurate history and failed to interpret it coffn* and correctly transmit this to any consultants as required by the standards of pre. Dr. Aldous and providers failed to perform a correct and complete physical examination and to correctly interpret it and transmit it to appropriate consultants. Dr. Aldous and providers failed to perform the mandatory urgent MRI of the spine as required in this patient by the standards of care and to urgently have neurosurgeons see this patent and get her to operating room for early required surgery to assure the very best outcome. The failure to perform a timely MRI and to obtain appropriate consultations in the emergency department, delayed the treatment of Mrs. Batka and lead to her current permanent defacits. j All of my above medical opinions are presented to a reasonable degree of medical demo"- I reserve the right to add to or amend my above opinions as additional information or material become available. The nk you for the opportunity to review this unfortunate case of unnecessary lr*j y. Please contact me if I can be of further assistance. 049w-. Ira Mehlman, MD FACEP FACP Ded 26 08 11:10a Ira Mehlman 212-717-4694 p.1 IRA MEHLMAN, MD 1520 York Avenue, Suite 23 D New York City, NY 10028 Angino & Rovner Attn: Neil Rovner, Esq 4503 North Front Street Harrisburg, PA 17110 RE: Eileen Barka (Supplemental Report) December 26, 2005 During many years as an emergency department director in a variety of hospital, I have acquired a broad experience of administrative protocols and standards of care, vis a vis, procedures and practices for dealing with-urgent consults and care including those requiring neurosurgical consultation and stat imaging. Such issues and situations also included in this domain are those of unreachable or "unavailable" physicians and/or consultants, services, and the appropriate responses. I have recently reviewed the medical reports of Drs. Joel Winer and Dean Dobldn regarding the care of Eileen Barka. My medical opinions presented in my original report remain the same after consideration of the above and it also remains my opinion that Holy Spirit Hospital failed to have appropriate procedures and protocols in place to facilitate the appropriate and prompt best care of Eileen Barka. The Holy Spirit Hospital's failure to have in force appropriate procedures to call in expert consultants, transfer the patient and perform an urgent MRI which would have shown the lesion. requiring immediate surgery were below the standard of care with respect to Eileen Batka. Those failures contributed to her unsatisfactory outcome, and denied her the fullest possible recovery and best outcome. All of my medical opinions are expressed to a reasonable degree of medical certainty. Please contact me if I can be of further assistance. Yours very truly, Ira Mehhnan, MD FACED FACP CERTIFICATE OF SERVICE AND NOW, March 23, 2009, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing MOTION IN LIMINE FILED BY THOMAS W. ALDOUS, M.D. TO PRECLUDE EVIDENCE OF MEDICAL BILLS upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Neil J. Rovner, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 C=:k lD r` tom -{ --ry W EILEEN BATKA, Plaintiff V. HOLY SPIRIT HEALTH SYSTEM T/D/B/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D., Defendants #3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-4995 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 25th day of March, 2009, before Edgar B. Bayley, Judge, present for the plaintiff was Neil J. Rovner, Esquire, and for the defendants, Thomas M. Chairs, Esquire. This is a claim alleging medical negligence. Defendant, Thomas W. Aldous, M.D., was an emergency room physician at Holy Spirit Hospital. Plaintiff is withdrawing its claim against Holy Spirit Hospital, and the case will proceed solely against Thomas Aldous, M.D. Plaintiff, age 70, alleges that she had a thoracic epidural steroid injection. Thereafter, noticing numbness in her legs and chest while at home, she called an ambulance and was brought to the emergency room of the Holy Spirit Hospital where she came under the care of Dr. Aldous. Dr. Aldous did not consult an on-call list to obtain a neurological, neurosurgical or orthopedic consult. Rather, he had a non-surgical physician with admitting privileges admit plaintiff for observation. While under observation, plaintiff's condition worsened, but no further diagnostic tests were ordered. An MRI conducted the next morning revealed a hematoma compressing the spinal cord in the thoracic spine. Roger Ostdahl, M.D., immediately came to the hospital and performed emergency surgery to attempt to decompress the spinal cord by draining the hematoma. Plaintiff maintains that she suffered serious 0. complications as a result of a negligent delay by Dr. Aldous in securing appropriate diagnostic tests and treatment. Defendant denies liability and maintains that he provided an appropriate standard of care to plaintiff. Plaintiff seeks general damages. There may be an issue as to what medical bills may be recovered. Estimated time of trial, four days - five days at the most. Neil J. Rovner, Esquire For Plaintiff Thomas M. Chairs, Esquire For Defendants prs `' r r ) In ppR 13 20%)L__1/ ANGINO & ROVNER, P.C. Neil J. Rovner, Esquire Attorney ID# : 22108 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) E-mail: nrovner@angino-rovner.com EILEEN BATKA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. HOLY SPIRIT HEALTH SYSTEM T/D/B/A HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D., Defendants CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION NO. 06-4995-Civil Term JURY TRIAL DEMANDED PLAINTIFF'S POINTS FOR CHARGE AND NOW comes the Plaintiff, Eileen Batka, by and through her attorneys, Angino & Rovner, P.C., and propounds the following jury instructions which Plaintiff moves the Court to read to the jury. DATED: Y//,5 /cq Respectfully submitted, ANGINO & ROVNER, I.D. No. 2 4503 N. r t Street Harrisb g, PA 17110 (717) 238-6791 Counsel for Plaintiff(s) 407586 POINT NO. 1 A professional negligence case is a civil action for damages and nothing more. You must decide only the issue of whether the plaintiff Mark Wilson has suffered injuries as the result of the defendant's negligence, and is thus entitled to monetary compensation for those injuries. Your verdict does not involve punishment of the defendant, or even criticism of their professional abilities, beyond the facts of this case. Nor does your verdict involve the defendant's reputation, their medical practice, or their rights as a licensed physician. You should not concern yourselves with any other matter, such as social or political issues relating to medicine. No thought should be given to these irrelevant considerations in reaching your verdict. Accept Reject Modified Covered 6 C-- Pa. SSJI (Civ.) 11.09 407586 POINT NO.2 Professional negligence consists of a negligent, careless, or unskilled performance by a physician of the duties imposed on him or her by the professional relationship with the patient. It is also negligence when a physician shows a lack of proper care and skill in the performance of a professional act. Accept Reject Modified Covered C--_ Pa. SSJI (Civ.) 11.00 407586 POINT NO.3 A physician must have the same knowledge and skill and use the same care normally used in the medical profession. A physician whose conduct falls below this standard of care is negligent. A physician who professes to be a specialist in a particular field of medicine must have the same knowledge and skill and use the same care as others in that same medical specialty. A specialist whose conduct does not meet this professional standard of care is negligent. A physician must also keep informed of the contemporary developments in the medical profession or his specialty and must use current skills and knowledge. In other words, a physician must have up-to-date medical skills and knowledge, and if he or she fails to keep current or fails to use current knowledge in the medical treatment of the patient, the physician is negligent. A physician must also use the same degree of care as a reasonable person would under the circumstances, and if the physician fails to do so, he or she is negligent. You must decide whether the defendant was negligent. If you decide that the defendant was negligent, then you must determine whether the defendant's negligence was a factual cause of the plaintiff's injuries. If you so decide, you must decide the amount of harm the plaintiff sustained as a result of the defendant's negligence. Accept Reject Modified Covered Pa. SSJI (Civ.) 11.01 407586 POINT NO.4 I previously explained to you that if you find the physician is negligent, you then must consider whether the negligence was a factual cause of the harm suffered by the patient. Under the law we call conduct that causes harm a "factual cause." Negligent conduct is a factual cause of harm if the conduct played an actual, real role in harming the plaintiff. The connection between the conduct and the harm cannot be imaginary or insignificant. There may be more than one factual cause of harm. You can find conduct a factual cause of harm even if a person's contribution to the harm was relatively minor or the result unusual. A person remains responsible for his or her conduct that causes harm even if other causes contributed to the harm. Accept Reject Modified Covered Pa. SSJI (Civ.) 11.02(A) 407586 POINT NO.5 Plaintiff claims the Defendant was negligent in providing emergency room care. It is the law in Pennsylvania that negligent actors must take their patients as they find them. The fact that a patient's underlying condition may also contribute to or increase the likelihood or severity of the harm which results from a Defendant's negligence does not diminish the Defendant's responsibility for the outcome. Defendants are liable for the harm caused by their negligence, even if Plaintiffs underlying disease also contributed to the outcome, as long as Defendants' negligence is a real contributing factor to the harm. Accept Reject Modified Covered Fretts v. Pavetti, 282 Pa. Super. 166, 422 A.2d 881 (1980); Lebesco v. Southeastern Pa. Transp. Auth., 251 Pa. Super. 415, 380 A.2d 848 (1977) 407586 POINT NO.6 In civil cases such as this one, the plaintiff has the burden of proving those contentions that entitle him to relief. When a party has the burden of proof on a particular issue, the party's contention on that issue must be established by a preponderance of the evidence. The evidence establishes a contention by a preponderance of the evidence if you are persuaded that it is more probably accurate and true than not. To put it another way, think, if you will, of an ordinary balance scale, with a pan on each side. Onto one side of the scale, place all of the evidence favorable to the plaintiff, onto the other, place all of the evidence favorable to the defendant. If, after considering the comparable weight of the evidence, you feel that the scales tip, ever so slightly or to the slightest degree, in favor of the plaintiff, your verdict must be for the plaintiff. If the scales tip in favor of the defendant, or are equally balanced, your verdict must be for the defendant. Accept Reject Modified Covered ?v Pa.SSJI (Civ.) 5.50 407586 POINT NO.7 The Plaintiff need only demonstrate by expert testimony, with a reasonable degree of certainty, that a Defendant's conduct increased the risk of harm actually sustained by the Plaintiff, and then the jury may decide whether that conduct was a substantial factor in bringing about the harm. A factual cau oes not have to be the only factor or even the most important factor. A factual cause is any real factor that contributed to a situation in a significant way. Accept Reject Modified Covered Jones v. Montefiore Hospital, 494 Pa. 410, 431 A.2d 920, 924 (1981); Gradel v. Inouye, 491 Pa. 534, 545, 421 A.2d 674, 679 (1980); Mitzelfelt v. Kamrin, 526 Pa. 54, 584 A.2d 888 (1990) 407586 POINT NO.8 You will recall each of the expert witnesses gave testimony regarding his or her qualifications as an expert in his or her particular field. A witness who has special knowledge, skill, experience, training or education in a particular science, profession, or occupation, may give his or her opinion as an expert to any matter in which he or she is skilled. In determining the weight to be given to his or her opinion, you should consider the qualifications and reliability of the expert and the reasons given for his or her opinion. You are not bound by an expert's opinion merely because he or she is an expert; you may accept or reject it, as in the case of other witnesses. You are to give expert's testimony the weight, if any, to which you deem it is entitled. You should not consider the mere number of witnesses brought by either side as indicating the strength of their contentions. Accept Reject Modified Covered Pa. SSJI (Civ) 5.30. 407586 POINT NO.9 You may find inconsistencies in the evidence. Even actual contradictions in the testimony of witnesses does not necessarily mean that any witness has been willfully false. Poor memory is not uncommon. Sometimes a witness forgets; sometimes one remembers incorrectly. It is also true that two persons witnessing an incident may see or hear it differently. If different parts of the testimony of any witness or witnesses appear to be inconsistent, you, the jury, should try to reconcile the conflicting statements, whether of the same or of different witnesses, and you should do so if it can be done fairly and satisfactorily. If, however, you decide that there is a genuine and irreconcilable conflict of testimony, it is your function and duty to determine which, if any, of the contradictory statements you will believe. Accept Reject Modified Covered Pa. SSJI (Civ) 5.04. 407586 POINT NO. 10 Under the facts of this case, there is no basis for contributory negligence on the part of Plaintiff. Therefore, you are not to consider that Plaintiff contributed to her injuries. Accept Reject Modified Covered 407586 POINT NO. 11 The fact that I am instructing you about damages does not imply any opinion on my part as to whether damages should be awarded. If you find that the defendant is liable to the plaintiff, you must then find an amount of money damages you believe will fairly and adequately compensate the plaintiff for all the physical and financial injury he has sustained as a result of the occurrence. The amount you award today must compensate the plaintiff completely for damages sustained in the past, as well as damages the plaintiff will sustain in the future. Accept Reject Modified Covered Pa. SJJI (Civ.) 6.0 407586 POINT NO. 12 If your verdict is in favor of the plaintiff, you must then find an amount of money damages you believe fairly and adequately compensates the plaintiff for all the physical injuries and financial damages she has sustained as a result of the negligence you have found. The amount you award today must completely compensate the plaintiff for all damages sustained in the past as well as all damages you find the plaintiff will sustain in the future. The verdict sheet you will receive when you begin your deliberations contains a series of questions that will lead you to a proper verdict. There are places for you to record your verdict as to each item of damage I am now describing to you. Accept Reject Modified Covered e, 6. ,_ Pa. SSJI (Civ.) 11.11A 407586 POINT NO. 13 The damages recoverable by the plaintiff in this case and the items that go to make them up, each of which I will discuss separately, are as follows: (1) Pain and suffering; and In the event that you find in favor of the plaintiff, you will add these sums of damage together and return your verdict in a single, lump sum. Accept Reject Modified Covered Pa. SSJI (Civ.) 6.01 407586 POINT NO. 14 The plaintiff has made a claim for a damage award for past and for future non-economic loss. There are four items that make up a damage award for non-economic loss, both past and future: (1) pain and suffering; (2) embarrassment and humiliation; (3) loss of ability to enjoy the pleasures of life; and (4) disfi ent. First, the plaintiff must have experienced pain and suffering in order to be able to claim damage awards for past non-economic loss and for future non-economic loss. You are instructed that the plaintiff is entitled to be fairly and adequately compensated for all physical pain, mental anguish, discomfort, inconvenience, and distress that you find she has endured from the time of the injury until today and that the plaintiff is also entitled to be fairly and adequately compensated for all physical pain, mental anguish, discomfort, inconvenience, and distress you find she will endure in the future as a result of her injuries. Second, the plaintiff must have experienced embarrassment and humiliation in order to claim non-economic loss. The plaintiff is entitled to be fairly and adequately compensated for such embarrassment and humiliation as you believe she has endured and will continue to endure in the future as a result of her injuries. Third, the plaintiff must suffer loss of enjoyment of life. The plaintiff is entitled to be fairly and adequately compensated for the loss of her ability to enjoy any of the pleasures of life as a result of the injuries from the time of the injuries until today and to be fairly and adequately compensated for the loss of her ability to enjoy any of the pleasures of life in the future as a result of her injuries. 407586 Fourth, there must be disfigurement. The disfigurement that the plaintiff has sustained is a separate item of damages recognized by the law. Therefore, in addition to any sums you award for pain and suffering, for embarrassment and humiliation, and for loss of enjoyment of life, the plaintiff is entitled to be fairly and adequately compensated for the disfigurement she has suffered from the time of the injury to the present and that she will continue to suffer during the future duration of her life. In considering the plaintiff 's claims for damage awards for past and future non-economic loss, you will consider the following factors: (1) the age of the plaintiff, (2) the severity of the injuries; (3) whether the injuries are temporary or permanent; (4) the extent to which the injuries affect the ability of the plaintiff to perform basic activities of daily living and other activities in which the plaintiff previously engaged; (5) the duration and nature of medical treatment; (6) the duration and extent of the physical pain and mental anguish that the plaintiff has experienced in the past and will experience in the future; (7) the health and physical condition of the plaintiff prior to the injuries; and (8) in the case of disfigurement, the nature of the disfigurement and the consequences for the plaintiff. Accept Reject Modified Covered C C,' Pa. SSJI (Civ.) 6.09 407586 POINT NO. 15 If you find the defendant's negligence caused aintiffs harm, the plaintiff is entitled to be compensated in the amount of all edical expense easonably incurred for the diagnosis, treatment, and cure of her injuries in the past. These expenses, as alleged by the plaintiff, amount to $14,200.93. An exhibit will be submitted to you, itemizing these costs, for your consideration during your deliberations. Accept Reject Modified Covered Pa. SSJI (Civ.) 6.01(A) 407586 OF THE P O II-iONOTAPY 2009 APR 16 AM 10: 17 At-- N N S F LV A i4"kA DICKIE, MCCAMEY & CHILCOTE, P.C. ATTORNEY FOR THOMAS W. ALDOUS, M.D. BY Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 (Fax) EILEEN BATKA, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-4995 THOMAS W. ALDOUS, M.D. , Defendant MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED DEFENDANT, THOMAS W. ALDOUS, M.D.'S STANDARD AND SPECIFIC POINTS FOR CHARGE 1. LIST OF STANDARD CIVIL JURY INSTRUCTIONS Pa.S.S.J.I. (Civ.)(2005) 1.34 Duty of jury 2.05 Deposition testimony 2.10 Admissions of fact 2.20 Impeachment (corroboration) of party by prior inconsistent (consistent) statement 3.00 Issues in the case 3.21 Contributory negligence 5.03 Number of witnesses 5.04 Conflicting testimony 5.30 Expert testimony - credibility generally 5.31 Expert testimony - basis for opinion generally 5.32 Hypothetical questions 5.33 Weighing conflicting expert testimony 5.71 Expert reports 5.40 Jury not to assume judge has expressed opinion on evidence 5.41 Accompanying judge's comment on credibility or liability 11.00 Medical professional negligence-introduction 11.01 Medical malpractice-standard of care 11.02 Medical malpractice-factual cause 11.03 Medical malpractice-burden of proof 11.03 General instructions to jury on concluding the verdict 20.00 Concluding instructions 1 Defendant's Point No. 1. You are specifically instructed that a healthcare provider is not a warrantor of a cure nor a guarantor of the result of treatment and that there is no presumption or inference of negligence merely because the medical care provided terminated in an unfortunate result. Toogood v. Owen J. Rogal, D.D.S., P.C., 824 A.2d 1140 (Pa. 2003); Edwards v. Germantown Hosp., 736 A.2d 612 (Pa. Super. 1999); Collins v. Hand, 431 Pa. 378, 246 A.2d 398 (1968). ACCEPTED REJECTED MODIFIED 2 Defendant's Point No. 2. 2. If a patient should sustain an injury or harm while undergoing medical care, and that injury or harm results from the healthcare provider's failure to exercise reasonable care, then the healthcare provider is responsible for the injuries which are the result of the negligence. If, on the other hand, the healthcare provider has used her best judgment and has exercised reasonable care, even though complications result, the healthcare provider is not responsible. The rule requiring the healthcare provider to use her best judgment does not make the healthcare provider liable for a mere error in 'ud ment, provided the healthcare provider does what she thinks best after a careful examination. The rule of reasonable care does not require the exercise of the highest possible degree of care. It requires only that the healthcare provider exercise that degree of care that a reasonably prudent healthcare provider would exercise under the same circumstances. Fragale v. Brigham, 741 A.2d 788 (1999). ACCEPTED REJECTED MODIFIED 4)?, g"Q, 3 Defendant's Point No. 3. 3. The burden of proof rests upon Plaintiff to establish malpractice through competent medical testimony. In addition, the Plaintiff bears the burden of establishing through competent medical testimony that Dr. Aldous breached the standard of care. The basic rule with respect to a plaintiffs need for expert testimony in a malpractice case is that where the appraisal of the care and skill of a healthcare care provider is involved, a jury presumably lacks the kn necess sent.. _.decisjo without expert testimony. See Smith v. Yohe, 412 Pa. 94, 194 A.2d 167 (1963). ACCEPTED REJECTED MODIFIED 4 Defendant's Point No. 4. 4. The plaintiff must satisfy the burden of proving that the act of the healthcare provider fell below the standard of care owed to the patient. Brannan v. Lankenau Hospital, 490 Pa. 588, 417 A.2d 196 (1980) at 595, 417 A.2d at 199 (1980). To satisfy this burden, the Plaintiffs must introduce expert testimony to show that the conduct of the Defendant varied from accepted medical practice. Id. at 595.417, A.2d at 199 (1980). See also, Chandler v. Cook, 438 Pa. 447, 264 A.2d 794 (1970); Dornon v. Johnston, 421 Pa. 58, 218 A.2d 808 (1966). The standard of care owed to the Plaintiff in the instant action must be established by expert medical testimony. ACCEPTED REJECTED MODIFIED Defendant's Point No. 5. 5. "The Plaintiff must provide expert testimony to establish, to a reasonable degree of certainty, that the acts of the healthcare provider deviated from acceptable standards, and that such deviation was approximate cause of the harm suffered." Eaddy v. Hamaty, _ Pa. Super. _, 694 A.2d 639, 641 (1997). The Plaintiffs must establish by expert testimony that (1) the healthcare provider owed a duty to the patient; (2) the healthcare provider breached that duty; (3) the breach was the proximate cause of the harm suffered by the patient; and (4) the patient's damages were a direct result of that harm. In general, expert testimony is essential to proving the elements of malpractice. Id. ACCEPTED REJECTED MODIFIED 6 Defendant's Point No. 6. 6. In the area of medicine, specialties sometimes overlap and a practitioner may be knowledgeable in more than one field ...On the other hand, medical experts may be unqualified to testify about other medical fields. In other words, it may appear that the scope of the witness's experience and education may embrace the subject in question in a general way, but the subject may be so specialized that even so, the witness will not be qualified to testify. Wexler v. Hecht, 847 A.2d 95, 99 (Pa.Super. 2004), citing Dambacher v. Mallis, 485 A.2d 408, 419 (Pa.Super. 1984). ACCEPTED REJECTED MODIFIED 7 Defendant's Point No. 7. 7. If an expert witness has neither experience not education in the subject under investigations, he should be found not qie must be some linkage between the expert's field of study and his opinion about the relevant standard of care. Without such a link, an expert in any field could testify about the standard of care in any other given field, so long as the expert purports to learn that standard through literature search or through hearsay. Wexler v. Hecht, 847 A.2d 95, 99 (Pa.Super. 2004) ACCEPTED REJECTED MODIFIED >ew(- 8 Defendant's Point No. 8. 8. Where, as here, Plaintiff brings an action for damages, the Court must necessarily instruct you upon the measure of damages. However, you are not to understand that you are required to give damages simply because instructions have been addressed to you on that subject. Instructions as to damages are intended to apply only in a case where the Plaintiff is entitled to a verdict. Such instructions on damages should not be understood by you as conveying a suggestion that, in the opinion of the Court, Plaintiffs are or are not entitled to damages. Carter v. Gallo, 27 Som.Leg.J. 181 (Pa.Com.Pl. 1972); Wilf v. Philadelphia Modeling and Charm School, Inc., 205 Pa.Super. 196, 208 A.2d 294 (1965); Burch v. Reading Co., 140 F.Supp. 136 (E.D.Pa. 1956), Affd 240 F.2d. 574 (3'd Cir. 1957), Cert. Denied 353 U.S. 965, 77 S.Ct. 1049, 1 L.Ed.2d. 914 (1957). Cl---- ACCEPTED REJECTED MODIFIED 9 Defendant's Point No. 9. 9. Damages should not be awarded on the basis of sympathy, benevolency or sentimentality, but should be limited to reasonable compensation for the injuries sustained. Bostwick v. Pittsburgh Railway, 225 Pa. 397 (1917); Burgan v. Pittsburgh, 96 A.2d 889 (Pa. 1953). ACCEPTED REJECTED MODIFIED C.: - 10 Defendant's Point No. 10. 10. In an action for personal injuries, the Plaintiff has the burden of proving each and every element of damage which they seek. It is not up to the Defendants to disprove an element of damages; the Plaintiffs have that burden. Kmiotek v. Anast, 350 Pa. 593, 39 A.2d 923 (1944). ACCEPTED REJECTED MODIFIED 11 Defendant's Point No. 11. 11. Damages must be reasonable. The loss sustained should be compensated with the least burden to the wrongdoer consistent with the idea of fair compensation to the injured. Refuse Management Sys. Inc. v. Consolidated Recycling & Transfer Systems Inc., 671 A.2d 1140 (Pa. Super. 1996); Feingold v. Southeastern Pa. Transportation Authority, 488 A.2d 284 (Pa.Super. 1985)(quoting Incollingo v. Ewing, 282 A.2d 206 (Pa. 1971). ACCEPTED REJECTED MODIFIED 12 Defendant's Point No. 12. 12. Ladies and Gentlemen, as jurors, you are cautioned that you cannot and must not allow any degree of sympathy or bias for one side or the other to influence your decision. r-- ll Rather, it is your legal duty to decide this case solely upon all of the evidence presented as it pertains to the facts determined by you and the law as I have given it to you. Thus, to the extent that you find yourself feeling sympathy towards one side or the other in this case, you must not allow such feelings to have any bearing on your deliberations. See Pa. SSJI (Civ.) 20.00(8). ACCEPTED REJECTED MODIFIED 13 Respectfully submitted, DICIGE, MCC.4MEY & CHJ14COTE, P.C. Date: April 9, 2009 By: Thomi.sM. Chairs, Esquire ATTORNEY I.D. NO. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendant Thomas W. Aldous, MD. 14 CERTIFICATE OF SERVICE AND NOW, April 9, 2009, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing DEFENDANT, THOMAS W. ALDOUS, M.D.'S STANDARD AND SPECIFIC POINTS FOR CHARGE upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Neil J. Rovner, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 (Counsel for Plaintiff) Thomas M. Chairs, Esquire f L i-!uE OTARY 2009 APR 16 AM 10: 17 PENNSYLVAJNPA EILEEN BATKA, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW V. : THOMAS W. ALDOUS, M.D., DEFENDANT NO. 06-4995 CIVIL TERM VERDICT QUESTION 1: Do you find that the medical care provided by Thomas Aldous, M.D. to Eileen Batka, was negligent? YES NO /\ If your answer is "No," return to the courtroom. If your answer is "Yes," go to question number 2. QUESTION 2: Do you find that Thomas Aldous, M.D.'s negligence was a factual cause in bringing about harm to Eileen Batka? YES NO If your answer is "No," return to the courtroom. If your answer is "Yes," go to question number 3. QUESTION 3: State the amount of damages you award to plaintiff: Non-economic loss to date in a lump sum TOTAL 2. Future non-economic loss in a lump sum TOTAL TOTAL OF LINES 1 & 2 $ /r ell DATE: ?? © FOREMAN ?"'" ?. M In the Court of Commons Pleas of Cumberland County, PA., EILEEN BATKA Docket No. 20064995 Judge: BAYLEY --VS HOLY SPIRIT HEALTH SYSTEM AND ALDOUS, M.D. Attorney: Attorney: Date: 4'1301 JURORS No. Juror # NAMES OF JURORS CALLE CAUSE P D 1 INNNnNMSONNN ON APR13-115 LINE, LINDA A 2 i NsANINImIN on APR13-103 TRUMP, DIANE L 3 IINNmININNNIIomn APR13-79 CONSTANTINE, ELIZABETH W 4 1? S 6 7 IN?I?ININn APR13-350 MORGAN, BARBARA A g INNNIIINHII?NNNInNNINnNnN APR13-165 9 I INN?IInNNIN1NNAn APR13-261 NESBIT, EILEEN E 40 - -R- 5 11 inN??N?NNNnINN?inn APR13-303 HALL, JOHN A '42 MUNN - wan- p 15 I?NNiNNInNIN?N?l6nl?? APR13-38 GROSS, DALE R 17 ImINnONNImmmunn APR13-119 MCGOVERN, THOMAS J low t s 20 N? Ininn APR13- MEN 3 f 21 InnnIN ONInN,NIM101n APR13-160 SALISBURY, TRACY L 22 IINNnommummomminh APR13-172 JONES, LORY J " In the Court of Commons Pleas of Cumberland County, PA., EILEEN BATKA Docket No. 20064995 Judge: BAYLEY HOLY SPIRIT HEALTH SYSTEM AND ALDOUS, M.D. Attorney: Attorney: Date: JURORS No. Juror # NAMES OF JURORS CALLED CAUSE P D INNI APR - -Hoff m*xLQwL-s- mwjuu-x 25 IppNlpppamopp mms APR13-225 FANUS, RONALI? E 26 II?Np?pN???INM APR13-162 SACOMAN, CHARLES E I M APR -151 MITH, KENNY L 28 I ?NII??N1N APR13-7 DOANE, PATRICK J 2 : _ Al - i4w - s -34 - LIAM D S S 32 IpppN?I??NI?N? APR13-6 EDON, TUNISIA MICHELE 33 I pi11?NI mun APR13-167 STIME G, RONALD L 34 unomplp?NNIns APR13-234 LEHMAN, KE M 35 11EM ?1NMMNII APR13-60 SHOOK, KEVIN M 36 110il uI?ImI?nn APR13-117 GRIFFIE, VICKI L 37 11milpNannon APR13-329 BARNEY, MAUREEN E 38 INp?Ip?pul?wissim APR13-339 STAKE, MARTHA K 39 inisNNpp? eini im APR13-62 TINSMAN, ELIZABETH P 40 imoml?ppNnumus APR13-4 HAIR, EVA M 41 42 43 44 ANGINO & ROVNER, P.C. Neil J. Rovner, Esquire Attorney M#: 22108 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) EILEEN BATKA, Plaintiff V. THOMAS W. ALDOUS, M.D., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION NO. 06-4995-Civil Term JURY TRIAL DEMANDED PLAINTIFF'S MOTION FOR NEW TRIAL AND NOW, comes Plaintiff, Eileen Batka, by and through her attorneys Angino & Rovner, P.C., and request the Court grant a new trial for the following reasons: 1. The decision of the jury was against the weight of the evidence given the fact that the Defendant admitted on the witness stand that he did not order an MRI and/or use the on-call list, both of which were violations of the standard of care. Defendant also admitted that he should have ordered an MRI, and that in treating the patient he did not "put two and two together". 2. Plaintiff asserts that the Court erred if failing to instruct the jury that in addition to adhering to the Standard of Care, a physician, in the treatment of a patient, must also act as a reasonable man. This omission was preserved on the record prior to the jury exiting to deliberate. 409015 WHEREFORE, Plaintiff respectfully requests the Court to grant a new trial for the above reasons and order the transcript of any and all testimony of Defendant Aldous and the complete Charge of the Jury, including any and all objections. Date t 22 0 Respectfully submitted, ANGINO & ROVNER, P.C. Neil J. Rovner ?gMre i` I.D. No. 22199 4503 N. Fro fit Peet Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff(s) 409015 CERTIFICATE OF SERVICE I, Amyra W. Wagner, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of Motion for New Trial upon all counsel of record via postage prepaid first class United States mail addressed as follows: Thomas M. Chairs, Esquire Dickie, McCamey & Chilcote 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 VIA HAND DELIVERY Honorable Edgar B. Bayley Judge, Court of Common Pleas Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Pam Sheaffer, Court Reporter Court Reporter's Office Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Patricia Barrett, Court Reporter Court Reporter's Office Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Melissa Cavanelli, Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Dated: ZV m 409015 A LED-0 OF THE Px? i l a^? ti 2009 APR 22 Pf f : 37 1JV ifi ?? {'liN {r APR ? ? ?0090 ANGINO & ROVNER, P.C. Neil J. Rovner, Esquire Attorney ID# : 22108 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 Attorneys for Plaintiff(s) EILEEN BATKA, Plaintiff V. THOMAS W. ALDOUS, M.D., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION NO. 06-4995-Civil Term JURY TRIAL DEMANDED ORDER AND NOW, this 7? day of , 2009; upon consideration of P-txj- Plaintiff's Motion for New Trial; IT IS HEREBY ordered that the following testimony be transcribed: any and all testimony of Defendant Aldous and the complete Charge of the Jury, including any and all objections O L9 t ,Imay, tlAl.,,-M.fl. [ca,?vt-? 5?? ` ' 1?vt?,( BY THE C vt- VJa, -, s a rN ?' A? Edgar Bayley, J. D TRIBUTION: Ab f omas M. Chairs, Esquire Dickie, McCamey & Chilcote I C 1200 Camp Hill Bypass, Suite 205 `?'I12 " Cam Hill, PA 17011 ?- eil J. Rovner, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 409015 {µf C-i EILEEN BATKA, PLAINTIFF V. HOLY SPIRIT HEALTH SYSTEM t/d/b/a HOLY SPIRIT HOSPITAL, THOMAS W. ALDOUS, M.D., DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 06-4995 CIVIL TERM ORDER OF COURT AND NOW, this t> day of June, 2009, oral argument on the post- trial motion of plaintiff shall be conducted in chambers at 9:00 a.m., Thursday, July 9, 2009. By the Couff, ~ ? Neil Rovner, Esquire For Plaintiff .,Aomas Chairs, Esquire For Defendants Edgar B. Bayles, J. :sal t , es e-na t LCL P. 4f141vc' 2009 JITH 16 Al's ; ti,5 F y .. EILEEN BATKA, PLAINTIFF V. THOMAS W. ALDOUS, M.D., DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-4995 CIVIL TERM IN RE: MOTION OF PLAINTIFF FOR A NEW TRIAL ORDER OF COURT AND NOW, this day of July, 2009, the motion of plaintiff for a new trial, IS DENIED. eil J. Rovner, Esquire For Pla' iff omas M. Chairs, Esquire For Defendant s :sal By the C,o?u Edgar B. Bcrley, J. FILE ti: ?c ?'?'tyEc 2009 JUL 16 Pr 62, 3 EILEEN BATKA, PLAINTIFF V. THOMAS W. ALDOUS, M.D., DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 06-4995 CIVIL TERM IN RE: MOTION OF PLAINTIFF FOR A NEW TRIAL OPINION AND ORDER OF COURT Bayley, J., July 15, 2009:-- Plaintiff, Eileen Batka, filed a complaint alleging that defendant, Thomas W. Aldous, M.D., was negligent in providing her care when she presented at the emergency room of Holy Spirit Hospital on December 22, 2004. On April 15, 2009, a jury found that defendant was not negligent. Plaintiff filed a motion for a new trial averring: 1. The decision of the jury was against the weight of the evidence given the fact that the Defendant admitted on the witness stand that he did not order an MRI and/or use the on-call list, both of which were violations of the standard of care. Defendant also admitted that he should have ordered an MRI, and that in treating the patient he did not "put two and two together". 2. Plaintiff asserts that the Court erred if [sic] failing to instruct the jury that in addition to adhering to the Standard of Care, a physician, in the treatment of a patient, must also act as a reasonable man. This omission was preserved on the record prior to the jury exiting to deliberate. The issues were briefed and argued on July 9, 2009. The evidence at trial included the following: 06-4995 CIVIL TERM On December 22, 2004, Eileen Batka underwent an epidural injection to relieve pain in her thoracic region. The procedure was done as an outpatient at the Frederickson Center after which she returned to her home. As the day progressed her legs became paralyzed and her ability to urinate was impaired. That evening she was brought by ambulance to the emergency department of the Holy Spirit Hospital with loss of feeling and paralysis of her legs and a deficit in her bladder function. She was seen by a nurse at 9:35 p.m., and at approximately 10:45 p.m., by Thomas W. Aldous, a board certified emergency physician. Dr. Aldous understood that this was an emergency that needed urgent care. At 11:10 p.m., he called Batka's primary care physician, Dr. Young, an internist, but talked with his cover, Dr. Binder, an internist. Dr. Binder suggested that he call a neurosurgeon. Dr. Aldous called Dr. Beutler, a neurosurgeon, and got his cover, Dr. Peppelman, a neurosurgeon. Dr. Peppelman said that he was not on the staff at Holy Spirit and could not admit Batka, but he wanted her treated at Holy Spirit. He told Dr. Aldous to contact an orthopedic surgeon, Dr. Wolf. Dr. Aldous called Dr. Wolf, and got his cover Dr. Yucha, an orthopedic surgeon. Dr. Yucha said that Batka was not his patient and he would not care for her. Dr. Aldous again called Dr. Binder. At 12:25 p.m., Dr. Binder said that he would admit Batka to Holy Spirit and that he would consult a neurosurgeon. Dr. Binder had Batka admitted to the hospital. The next morning he had an MRI done, and he contacted Dr. Ostdahl who went immediately to Holy Spirit Hospital and performed surgery on Batka. The surgeon relieved the depression on her spinal cord -2- 06-4995 CIVIL TERM caused by a hematoma (blood clot) that was a complication from the epidural injection. Batka regained the use of her legs with some deficit in motor function. She regained bladder function but has some continuing problems. Plaintiff claimed that Dr. Aldous was negligent for failing to have treatment for her paralysis provided to her in a timely manner. She presented the testimony of Ira Mehlman, M.D., who is board certified in emergency medicine. He offered an opinion that Dr. Aldous did not meet the standard of care required by an emergency room physician. Dr. Mehlman testified that when plaintiff presented as a neurosurgical emergency, the standard of care required was that Dr. Aldous order an MRI and arrange for her immediate care by a neurosurgeon. When he was turned down by Dr. Peppelman and Dr. Yucha he should have arranged to have the on-call neurosurgeon for Holy Spirit Hospital undertake Batka's care. Dr. Aldous testified and denied that his care of plaintiff fell below the required standard of care for an emergency room physician. He presented the testimony of Dean Dobkin, M.D., a board certified emergency room physician. Dr. Dobkin offered an opinion that the conduct of Dr. Aldous complied with the standard of care required of an emergency room physician. As to the allegations of negligence against Dr. Aldous, plaintiff's counsel submitted the following point for charge: A physician must have the same knowledge and skill and use the same care normally used in the medical profession. A physician whose conduct falls below this standard of care is negligent. A physician who professes to be a specialist in a particular -3- 06-4995 CIVIL TERM field of medicine must have the same knowledge and skill and use the same care as others in that same medical specialty. A specialist whose conduct does not meet this professional standard of care is negligent. A physician must also keep informed of the contemporary developments in the medical profession or his specialty and must use current skills and knowledge. In other words, a physician must have up- to-date medical skills and knowledge, and if he or she fails to keep or fails to use current knowledge in the medical treatment of the patient, the physician is negligent. A physician must also use the same degree of care as a reasonable person would under the circumstances, and if the physician fails to do so, he or she is negligent. (Emphasis added.) The jury was charged as follows: Only causal negligence may form the basis for recovery of damages, and negligence may not be inferred merely because of an unfortunate result. A physician is neither a warrantor of a cure or a guarantor of the results of the treatment of care. You must examine the conduct of defendant to determine if he was negligent in his treatment and care of plaintiff. This case does not involve criticism of the professional abilities of defendant beyond the allegations herein, and any rights he may have as a licensed physician are not at issue. Negligence is carelessness, and medical negligence consists of careless or unskilled performance by a physician of the duties imposed in that physician's professional relationship with his patient. Negligence is when a physician shows a lack of proper care and skill in the performance of a professional act. That may constitute an actual act or acts or an omission to act where there is a duty to do so. Stated another way, negligence is the failure of a physician to do something that the standard for that physician requires in the treatment and care of the patient or in doing of something that the standard of care of that physician requires not to be done based upon the circumstances. A physician must keep informed of the contemporary developments in the profession. A physician must use the same knowledge and skill and exercise the same standard of care as that which is usually had and exercised in that physician's medical specialty during the time the patient was under that -4- 06-4995 CIVIL TERM physician's care. In the context of this case, of course, Dr. Aldous' medical specialty is emergency medicine. A physician must use the standard of care that a reasonable physician would use at the time and under the circumstances; and if a physician fails to do so, that would constitute negligence. Therefore, you must examine the standard of care required of defendant in this case based upon the particular circumstances presented in order to determine if he met that standard of care or was negligent. Again, plaintiff claims that defendant was negligent in failing to provide her the required standard of care in his medical specialty. Defendant denies plaintiffs claims and maintains that his performance was within the standard of care required. It is for you to determine, based on all of the evidence presented, weighing the credibility and weight of all of the testimony and evidence in this case, if the required standard of care was met or whether defendant was negligent. At the end of the charge, plaintiffs counsel made the following objection: MR. ROVNER: On the issue of negligence, I'm not sure 1 heard whether you said a physician must also use the same degree of care as a reasonable person under the circumstances. (Emphasis added.) THE COURT: No, he doesn't have to use the same degree of care as a reasonable person. He must use the same standard of care which is required within his profession. I do not use that reasonable person because reasonable person -- we are talking standard of care here. I do not charge that. MR. ROVNER: All right. I am objecting to that then. THE COURT: Okay. MR. ROVNER: Preserving it as we talked about it. THE COURT: I understand. In support of her position that it was error for the court to not add a second legal basis for a finding of negligence against Dr. Aldous, i.e., if he failed to use the same degree of care as a reasonable person would under the circumstances, plaintiff cites Grubb v. Albert Einstein Medial Center, 255 Pa. Super. 381 (1978), in which it is -5- 06-4995 CIVIL TERM stated: The plaintiff in a malpractice action must prove either that (1) the physician did not possess and employ the required skill and knowledge, or (2) that he did not exercise the care and judgment of a reasonable man in like cases and that the injury complained of either (1) resulted from the failure on the part of the physician to possess and employ the required skill and knowledge, or (2) resulted from his failure to exercise the care and judgment of a reasonable man in like circumstances. Notwithstanding this statement in a plurality opinion of the Superior Court of Pennsylvania in 1978, the Supreme Court of Pennsylvania has stated in Brannan v. Lankenau Hospital, 490 Pa. 588 (1980): Appellant must satisfy the burden of proving that the act of the physicians or hospital fell below the standard of care owed him. Hamil v. Bashline, 481 Pa. 256, 392 A.2d 1280 (1978); lncollingo v. Ewing, 444 Pa. 263, 282 A.2d 206 (1971); Donaldson v. Mafucci, 397 Pa. 548, 156 A.2d 835 (1960). To satisfy his burden of proving Drs. Rex and West negligent in failing to administer antibiotics earlier, appellant must introduce expert testimony to show that appellee physicians' conduct varied from accepted medical practice. Chandler v. Cook, 438 Pa. 477, 265 A.2d 794 (1970); Domon v. Johnston, 421 Pa. 58, 281 A.2d 808 (1966). This requirement stems from judicial concern that, absent the guidance of an expert, jurors are unable to determine relationships among scientific factual circumstances. McMahon v. Young, 442 Pa. 484, 267 A.2d 534 (1971); Florig v. Sears, Roebuck and Co., 388 Pa. 419, 130 A.2d 445 (1957). In Mitzelfeft v. Kamrin, 526 Pa. 54 (1990), the Supreme Court stated: In order to establish a prima facie case of malpractice, the plaintiff must establish (1) a duty owed by the physician to the patient (2) a breach of duty from the physician to the patient (3) that the breach of duty was the proximate cause of, or a substantial factor in, bringing about the harm suffered by the patient, and (4) damages suffered by the patient that were a direct result of that harm. See, Morena v. South Hills Health System, 501 Pa. 634, 462 A.2d 680 (1983); Prosser, Law of Torts, Section 30 at 143 (4th ed. 1971). A plaintiff is also required to present an expert witness who will -6- 06-4995 CIVIL TERM testify, to a reasonable degree of medical certainty, that the acts of the physician deviated from good and acceptable medical standards .... In Montgomery v. South Philadelphia Medical Group, Inc., 656 A.2d 1385 (Pa. Super. 1995), the Superior Court stated: Where the events and circumstances of a malpractice action are beyond the knowledge of the average lay person, the plaintiff must present expert testimony that the acts of the medical practitioner deviated from good and acceptable medical standards .... In the case present case, in order to find Dr. Aldous negligent the jury had to find that in caring for plaintiff he failed to use the standard of care that a reasonable physician would use which is the standard of care usually had and exercised in that physician's medical specialty. That basis for establishing negligence was charged as specifically requested in a point for charge by plaintiff. It was not error to not charge the jury that in addition to having to adhere to the standard of care required of an emergency room physician, an independent basis of negligence could be established if Dr. Aldous failed to exercise the care and judgment of a reasonable person under the circumstances. That did not accurately set forth a legal standard for establishing medical negligence in this case. Plaintiff further maintains that the finding of the jury that Dr. Aldous was not negligent was against the weight of the evidence. In Burrell v. Philadelphia Electric Co., 438 Pa. 286 (1970), the Supreme Court of Pennsylvania stated: "A new trial should not be granted because of a mere conflict in testimony or because the trial judge on the same facts would have arrived at a different conclusion: [citation omitted]. Neither should it ordinarily be granted on the ground that the verdict was against the weight of the -7- 06-4995 CIVIL TERM evidence where the evidence is conflicting and the jury might have found for either party." Carroll v. Pittsburgh, 368 Pa. 436, 445-6, 84 A.2d 505 (1951). A new trial should be awarded on the ground that the verdict is against the weight of the evidence only when the jury's verdict is so contrary to the evidence as to shock one's sense of justice and the award of a new trial is imperative so that right may be given another opportunity to prevail. Jones v. Williams, 358 Pa. 559, 564, 58 A.2d 57; Carroll v. Pittsburgh, supra, at 447; Brown v. McLean Trucking Co., 434 Pa. 427, 429-30, 256 A.2d 607 (1969). In the present case, to prove that Dr. Aldous was negligent plaintiff was required to present expert testimony that his care of her did not meet the standard of care required of an emergency room physician. The expert called by plaintiff was of the opinion that the care provided by Dr. Aldous fell below that standard. However, Dr. Aldous and the expert called by him were of the opinion that the care provided to plaintiff met that standard. The evidence was conflicting. Under these circumstances, the finding by the jury that Dr. Aldous was not negligent was not against the weight of the evidence. For the foregoing reasons, the following order is entered. ORDER OF COURT AND NOW, this 1 !?- day of July, 2009, the motion of plaintiff for a new trial, IS DENIED. -8- 06-4995 CIVIL TERM Neil J. Rower, Esquire For Plaintiff Thomas M. Chairs, Esquire For Defendant :sal -9- DICKIE, MCCAMEY & CIIQ.Con,', P.C. ATTORNEY FOR DEFENDANT BY: Thomas M. Chairs, Esquire + THOMAS W. ALDOUS, M.D. ATTORNEY I.D. NO. 78565 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 j (717)7314800 (Tele) (717)731-4803 (Fax) EILEEN BATKA, IN TnE COURT OF COMMON PLEAS I OF CUMBERLAND COUNTY, Plaintiff I PENNSYLVANIA V. NO. 2006-4995 MEDIC:" L MALPRACTICE ACTION THOMAS W. ALDOUS, M.D., Defendants .JURY TRIAL DEMANDED PRAECIPF FOR ENTRY OF .IU17i:rMENT This case was tried to a jury in .,%pril of 2009. C.? Apr;] 15, 2009, a jury returned a verdict in favor of Defendant, 'rhornas X..Aldou,s, 'l ko Plainti+Y filed a Motion for Post- Trial Relief By Opinion and Ordu dated July 15, Plaintiff's Motion for Post-Trial Relief vas denied. The Plaintiffs; .!N4o ion !or Post--I 'rial tt i:s?f havim, been denied, please enter judgment in favor of Defendant, Tho:rigs W. A_ldoris, Nr D. and against Plaintiff', Eileen Batka. Respectfully sulninitted, Date: July 22, 2009 DICKIE, ill(:' A?7M;Y & CH XOTE, P.C. Thomas `0. Chairs, Esquire Sizrrerrzs Court. I.D. #78565 2f)it C a ?r l ill .I?ypass, Suite 205 C',an,,r i;il. PA i 7011-3700 (i 17) 73i-4 0Cr Attorney Thomas 6V: Aldous, ,Vf.D. CERTIFICATE OF SERVICE AND NOW, July 22, 2009, I, Thomas VI. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PRAECIPE FOR ENTRY OF JUDGMENT upon all counsel of record by depositing, or causing to be deposited, sane in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Neil J. Rovner, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 (Counsel for Plaintiff; Thomas N . i hairs, Esquire FILE I(C' E-: OF THE PRO 2009 JUL 23 PIN 1: 4 3 CW,- $Iq. oo Po A TT`l CO AMI anvel No?h?.- lace