The URL can be used to link to this page

Home My WebLink About06-6392 Johnson, Duffie, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 DONALD TRAUBE, by his mother and natural guardian BOBBI TRAUBE 824 Sidehill Drive Bel Air, Maryland 21015 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO.CX- -~3~ C;uJ.Cy-~ SHARON M. MATTER 100 Greenwood Drive New Cumberland, PA 17070-3068 Defendant : AMICABLE ACTION IN TRESPASS PETITION FOR APPROVAL OF MINORS' SETTLEMENT AGREEMENT AND NOW, comes the Defendant, Sharon M. Matter, by and through her counsel, Johnson, Duffie, Stewart & Weidner, who files this Petition for Court Approval of a Minor's Settlement Agreement, by respectfully stating the following: 1. Donald Traube was born on April 5, 1994 and he lives with his mother at 824 Sidehill Drive, Bel Air, Maryland, 21015. 2. Sharon M. Matter resides at 100 Greenwood Drive, New Cumberland, Pennsylvania, 17070. 3. On June 10, 2006, Donald Traube was a guest at Defendant's home. On said date, Donald Traube was bitten on the middle finger of his left hand by a dog owned by the Defendant. 4. Shortly after the incident, Donald Traube was taken to the emergency room of Seidle Hospital. A copy of the emergency department note is attached hereto as Exhibit "A". 5. The emergency department record indicates that Donald Traube suffered a 1.2 cm. laceration at the tip of his left middle finger. The finger was cleaned, the wound edges were trimmed, and he received seven stitches. 6. Donald Traube received follow-up treatment at Johns Hopkins Medical Center. His follow-up visit was on June 12, 2006. A copy of the Clinic Note is attached hereto as Exhibit "B", 7. The last follow-up appointment was with Johns Hopkins Medical Center. This occurred on June 23, 2006, and a copy of the note is attached hereto as Exhibit "CU. 8. The Clinic Note indicates that no further intervention is recommended. The sutures were removed and there was no evidence of infection or further compromise. Moreover, Donald Traube had full intact motor and sensory function in the finger. He was discharged to follow-up as needed. 9. Donald Traube has not sought any further medical treatment. 10. Donald Traube continues to have compete motor and sensory function in the finger. 11. Bobbi Traube has been reimbursed for all medical expenses incurred relative to this incident. 12. Bobbi Traube has negotiated a settlement with the Defendant's insurance carrier, the Erie Insurance Group. 13. Bobbi Traube has received an offer of $4,000 on behalf of the Defendant by her insurance carrier to resolve this matter. 14. The parties believe that this offer and proposed settlement is in the best interest of the child. 15. The settlement proceeds will be deposited into a federally insured account for Donald Traube. WHEREFORE, Defendant respectfully requests that this Honorable Court grant the Petition for Approval of the settlement. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER DATE: /0 /3110ro 284965 II BY~~ John R. Nlnosky, Esquire 1.0. #: 78000 301 Market Street Lemoyne, PA 17043-0109 e-mail: jjs@jdsw.com Lx ~lbff II- 4'> PINNACLEHEALTH TRAUBE,OONALO RM#: MRN: 910-01-8158 CASE: 00260306896 OOB: 04/05/1994 ADM: 06/10/2006 PinnacleHealth System P.O. Box 8700 Harrisburg, PA 17105-8700 EMERGENCY DEPARTMENT The patient is a 12-year-old male brought to Seidle Hospital FirstPlace with complaints of a dog bite. HISTORY OF PRESENT ILLNESS: About a 1f2 hour ago he was at a friend's house and was bitten by the friend's dog. It was an unprovoked attack but this dog has a history of biting people. He got bit on the end of the left middle finger, it bled a lot, they wrapped it up and came here. The dog is up-to-date on all of its shots. REVIEW OF SYSTEMS: Negative for cardiovascular, respiratory, gastrointestinal or urogenital complaints. PAST MEDICAL HISTORY: NO ALLERGIES. No medicines. No surgeries. SOCIAL HISTORY: His parents are divorced and he shares time between the two. · MA~R'S9U~ 1l$1218 - FAMILY HISTORY: Negative. PHYSICAL EXAMINATION: Vital signs: Blood pressure was not obtained. Pulse 88 and regular, respirations 18 and not labored, temperature 96.0. Reveals a well-nourished, well-developed 12-year-old male who does not appear to be in distress but he does have a bandage on his left middle finger. He is alert and oriented. Affect and judgment are appropriate for his age. There is a 1.2 cm laceration at the tip of the left middle finger with avulsion of the distal1/Srd of the nail. The laceration is very irregular in shape. He does have full range of motion of the finger. Good pulse. Negative neurological exam. The finger was cleansed with Hibiclens and saline. Anesthetized with 1 % plain Xylocaine. The wound edges were trimmed. It was closed loosely with 7 interrupted 5-0 Ethilon sutures, wrapped up with bacitracin ointment, oil emulsion dressing, 4 x 4's and tube gauze. He is put on Augmentin 875 mg every 12 hours for 1 week. He is up-to-date on his tetanus. He is instructed to keep the same bandage on for two days, keep it clean and dry, see his family doctor in two days. He will check it and decide for sure when the stitches come out. My estimation now is nine days. He is to elevate the hand until bedtime . __ __ tonight _ He may 1a1re3}denQJ~LAdviUolPain,_NQathlefu;S-QlanY kinduntiJapprmred by:theJamily doctor._ DISCHARGE DIAGNOSIS: Dog bite on the right middle finger resulting in a 1.2 cm laceration, closed with simple closure. ER REPORT ER REPORT ER REPORT CHART COpy litr:Ii:;ti JOHNS HOPKINS 1f~~ii~t,1. . . IE 1-1 r () I \' 1 .....: I' Johns Hopkins Medicine I I Clinic Note Name: Traube, Donald Address: 824 Sidehill Drive Bel Air MD 21015 Phone: (410)515-0115 DOB: 04105/1994 Race: White Gender: Male Primary Provider: Sponseller,Paul David Other Provider: History: 9-301-99-71 Visit Date: 06/12/2006 Location: 241 A Document No: 21447920030 Reason for Visit: Diagnosis: Fingertip injury. History of Present Illness: History: This young man was bitten by a dog on 06/10/06 within the middle finger of his left hand. He was visiting his father in another state. He was taken to the emergency department. The lacerations were cleansed. It was stated that a drain was placed in his hand. However, he was told to come to see a specialist within 2 days. He has not had any fever. He was placed on amoxicillin for 7 days. Past Medical History: Medical illnesses none. Surgeries: None. Family History and Social History: He is in 6th grade at Bel Air Middle School. He likes baseball. He in on a high level team. His mother, his grandfather had facilities at Johns Hopkins. There is no history of any hemoglobinopathy, hypothermia or hemophilia. Review of Systems: 12-point review of systems is negative except for nearsightedness. Medications: He is taking Advil for the pain. He is also taking amoxicillin. . . .", 7-i,"''1'j' '1f '.\o~.';':;." ~OUI. ,: :~t~,.l ... . Physical Examination: Height 59.5 inches, weight 118 pounds. He is alert and interactive. His dressing is removed. There is no drain in place. Finger has no evidence of infection. There are couple of areas in the tip, which are de-epithelialized. The very distal portion of the skin had been sutured back in place. It is unclear whether the dermis itself has survived as a full thickness graft. The nailbed itself looks good. The distal one-quarter of the nail seems to be avulsed in the injury, but it should grow out satisfactorily. He has nylon stitches in the area as well. · NlG ~\ 1 il Major Findings: Plans: It was redressed. He may begin bathing and immersing it now. He could possibly start placing it in a baseball glove next week if he feels okay with this. We would like to see him back in 2 weeks. My nurse practitioner, Kristen Danzo will take a look at him in 2 weeks and take his stitches out. We do not see any drain today in the finger or in its dressings. Presumably, there was no drain inserted. He will finish his current course of antibiotics. They will call back sooner if the finger starts to look worse or has any signs of infection. Traube, Donald (9-301.99-71) SIGNED DOCUMENT Printed: 08/15/2006 Page 1 of2 CC List: Dr. Paul Rogers; Bright Oaks Pediatric Center; Baltimore, MD 21115; Referring Physician CC List: Paul T. Rogers, MD Bright Oaks Pediatric Center 2111 Laurel Bush Road Suite H Bel Air, MD 21015 Phone: (410) 515-9090 Fax: (410) 515-2027 Dictated By: SPONSELLER, PAUL DAVID, M.D./005 D: 06/12/2006 T: 06/14/2006 SIGNED BY: SPONSELLER, PAUL THIS DOCUMENT HAS ~EEN ELECTRONICALLY SIGNED. DATE SIGNED: 07/01/2006 Note: This clinic note provides information pertaining only to the patient's most recent visit. A more detailed medical history is available in the Medical Record. Traube, Donald (9-301-99-71) SIGNED DOCUMENT Printed: 08/15/2006 ~~V8 .~t' , 1_ tI~~ll . Page 2 of2 ~[i:nj)tj,JC)HNS HC)PKINS iii" r PIC " I Clinic Note Johns Hopkins Medicine :_~~~r_."p.,,-,,~_, i I I ! I I L____ Reason for Visit: Left finger injury. Name: Traube, Donald Address: 824 Sidehill Drive Bel Air MD 21015 Phone: (410)515-0115 DOB: 04/05/1994 Race: White Gender: Male Primary Provider: Danzo.Kristen Other Provider: History: 9-301-99-71 Visit Date: 06/23/2006 Location: 241 Document No: 17719920030 History of Present Illness: Donald is a young man who sustained a dog bite on 06/10/06. He was seen on 06/12 here by Dr. Sponseller. At the time, the wound was redressed, and he was advised to complete the course of antibiotics. Today, he reports he is doing well. He has no drainage from the laceration and no sign of infection such as erythema or pain. He is quite happy with the end result as he does not seem to be losing any tissue on that fingertip. Major Findings: Physical exam reveals a well-appearing school-age boy. He looks very healthy. No signs or symptoms of illness. He is in no acute distress. The left index fingertip looks very healthy. There are three sutures. These are removed. There is no evidence of infection at the site of laceration, the result of a dog bite. The nail is essentially intact. No evidence of injury to the nail bed. The fingertip looks as though it has reepithelialized without concern. Assessments: Fingertip injury. Plans: No further intervention is recommended. The sutures were removed today. He tolerated this well. There is no evidence of an infection or further compromise. He has a full intact motor and sensory function in that finger. would be happy to see him in a followup as needed. CC List: ~~t4$9U- ~\ll ,;r ,- Dr. Paul Rogers; Bright Oaks Pediatric Center; Belair, MD 21015; Referring Physician CC List: Paul 1. Rogers, MD Bright Oaks Pediatric Center 2111 Laurel Bush Road Suite H Bel Air, MD 21015 Phone: (410) 515-9090 Fax: (410) 515-2027 Traube, Donald (9-301-99-71) SIGNED DOCUMENT Printed: 08/15/2006 Page 1 of2 VERIFICA liON I, Bobbi Traube, mother and natural guardian of Donald Traube, have read the foregoing Petition for Approval of Minor Settlement and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. ~4804. ~ \ It. . i Traube cfJYJJ;/ DATE: 284987 ~ (:) fk i ~ ~ ~ ~ ~ ~ '-1 oCQ. ~ ~ () -:J p: b +- j r; ~:'~_~~ ~_-:) .. ~. ., ~ ~"~ c:: -I.:;. ~ J_ '.:~) _i .< DONALD TRAUBE, by his mother and natural guardian BOBBI TRAUBE 824 Sidehill Drive Bel Air, Maryland 21015 Plaintiff v. SHARON M. MATTER 100 Greenwood Drive New Cumberland, PA 17070-3068 Defendant ~\ NOV 0 7 Z()(l~1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01... - k39~ C!.iu;L ~~ : AMICABLE ACTION IN TRESPASS ORDER AND NOW, this Ft- day of J.)lS-J,v- I 2006, upon consideration of the Petition for Approval of a Minor's Settlement, and in finding that the proposed settlement is in the best interest of the Minor, said Petition is GRANTED. The Erie Insurance Group shall pay Four Thousand ($4,000.00) Dollars, to be deposited in a federally insured account in the name of Donald Traube. The proceeds shall not be removed from the account without prior Order of this court, until Donald Traube reaches the age of 18. 284965 J. Il~ 'f-[l~ (I~ ~ ~ ':k:1 ...., i=':::!I'JOJ ry F: :E: fJd 8- IiDN 9002 l'i1./I(",.... ',. ....H.L r<.tiv.t..jl'JU','i.Cidd:::J :10 3DL:UO{1.=J7L1 DONALD TRAUBE, by his mother and natural guardian BOBBI TRAUBE 824 Sidehill Drive Bel Air, Maryland 21015 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 06-6392 Civil Term SHARON M. MATTER 100 Greenwood Drive New Cumberland, PA 17070-3068 Defendant : AMiCABLE ACTION IN TRESPASS PRAECIPE TO THE PROTHONOTARY: PLEASE mark the above-captioned matter settled and discontinued. i Traube 824 Sidehill Drive Bel Air, MD 21015 Mother and Natural Guardian of Donald Traube, a minor DATE: \ --;)5-0 1 DATE: ~ I '8(01 J~' SID/ARf & WEIoom ByJo . Ninos~ P.O. Box 109 Lemoyne, PA 17043 1.D.I: 78000 g ~ ~tQ "I' , ,l':'1:) -.,.-r" ~,:::' ':::'<,';;,' fL C~) ~(! ,...-u "PC ~ ~ ~ ~ Q - (;,) ~ C? '3 ~ *'~ --oi3 go --1'"''''t. _-"'1' ~l"S at'" ~ ~