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HomeMy WebLinkAbout06-6421Shrager, Spivey & Sachs By: Wayne R. Spivey, Esquire/Steven L. Chung, Esquire Identification Numbers: 31017/78834 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, 108 Fieldstone Avenue Johnstown, PA 15904 and 20 N. 12`h Street Lemoyne, PA 17043 Plaintiffs vs. GEORGE E. JEFFERIES, M.D., 890 Poplar Church Road Camp Hill, PA 17011 and KUNDU N. SAMBHU, M.D., 890 Poplar Church Road Camp Hill, PA 17011 and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. 890 Poplar Church Road Camp Hill, PA 17011 and ADIB NAJIB KHOUZAMI, M.D. 1111 Franklin Street, Ste. 300 Johnstown, PA 15905 and CONEMAUGH OB GYN ASSOCIATES 1111 Franklin Street, Ste. 300 Johnstown, PA 15905 and CONEMAUGH HEALTH SYSTEM, INC. 1086 Franklin Street Johnstown, PA 15905 and CONEMAUGH MEMORIAL MEDICAL CENTER CUMBERLAND COUNTY COURT OF COMMONPLEAS CIVIL DIVISION No. 01. -/V/4 (210 L'CTq - JURY TRIAL DEMANDED -1- 1086 Franklin Street Johnstown, PA 15905 Defendants CIVIL ACTION COMPLAINT Plaintiffs, by their attorneys, Shrager, Spivey & Sachs, hereby demands damages of defendants herein, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest, costs, and damages for prejudgment delay upon causes of action whereof the following are statements: Plaintiffs, Taylor Maher, a minor, by and through Jessica Pfuhl and Jeremy Maher, her parents and natural guardians, are citizens of the Commonwealth of Pennsylvania, residing therein at 108 Fieldstone Avenue, Johnstown, Pennsylvania and 20 N. 12`h Street, Lemoyne, Pennsylvania, respectively. 2. Defendant, George E. Jefferies, M.D., (hereinafter "Dr. Jefferies"), an adult individual, is a citizen and resident of the Commonwealth of Pennsylvania and at all times pertinent hereto had been engaged in the practice of medicine, with an office and place of business located therein at 890 Poplar Church Road in Camp Hill, County of Cumberland. Plaintiffs are asserted a professional liability claim against this defendant. At all times pertinent hereto, Dr. Jefferies was engaged in the practice of medicine, pursing the specialty of obstetrics/gynecology, and was obliged to bring to bear in the practice of his profession the professional skills, knowledge, and experience which he possessed or was obliged to possess, and to pursue her profession in accordance with reasonably safe and acceptable standards of care, in general, and obstetrics/gynecology, in particular. 4. Defendant, Kundu N. Sambhu, M.D., (hereinafter "Dr. Sambhu"), an adult individual, is -2- a citizen and resident of the Commonwealth of Pennsylvania and at all times pertinent hereto had been engaged in the practice of medicine, with an office and place of business located therein at 890 Poplar Church Road in Camp Hill, County of Cumberland. Plaintiffs are asserted a professional liability claim against this defendant. At all times pertinent hereto, Dr. Sambhu was engaged in the practice of medicine, pursing the specialty of obstetrics/gynecology, and was obliged to bring to bear in the practice of his profession the professional skills, knowledge, and experience which he possessed or was obliged to possess, and to pursue her profession in accordance with reasonably safe and acceptable standards of care, in general, and obstetrics/gynecology, in particular. 6. Defendant, Central Pennsylvania Obstetrics-Gynecology, Inc. (hereinafter "Central Pa. Ob-Gyn"), is an incorporated entity, organized and existing under the laws of Pennsylvania, with an office and place of business located therein at 890 Poplar Church Road in Camp Hill, County of Cumberland. Plaintiffs are asserted a professional liability claim against this defendant. 7. At all times pertinent hereto, Central Pa. Ob-Gyn acted through its agents, apparent agents, servants, and/or employees, including Dr. Jefferies and Dr. Sambhu, and was responsible for the care and treatment rendered to the plaintiffs. At all times pertinent hereto, the agents, servants, and/or employees of Central Pa. Ob-Gyn, heretofore and hereinafter identified, were acting within the course and scope of their employment, agency or apparent agency in conjunction with the care and treatment rendered to the plaintiffs, as described in detail below. In addition to Dr. Jefferies and Dr. Sambhu, Central Pa. Ob-Gyn's agents, servants and employees included any other medical treatment providers employed by Central Pa. Ob-Gyn not specifically named herein nor readily identifiable in the medical records who rendered, or undertook to -3- render, medical care and treatment to the plaintiffs, as set forth below, including the nurses or administrative staff who cannot reasonably be identified from the records without conducting reasonable discovery. Defendant, Adib Najib Khouzami, M.D., (hereinafter "Dr. Khouzami"), an adult individual, is a citizen and resident of the Commonwealth of Pennsylvania and at all times pertinent hereto had been engaged in the practice of medicine, with an office and place of business located therein at 1111 Franklin Street, Ste. 300, Johnstown, PA. Plaintiffs are asserted a professional liability claim against this defendant. 10. At all times pertinent hereto, Dr. Khouzami was engaged in the practice of medicine, pursing the specialty of obstetrics/gynecology, and was obliged to bring to bear in the practice of his profession the professional skills, knowledge, and experience which he possessed or was obliged to possess, and to pursue her profession in accordance with reasonably safe and acceptable standards of care, in general, and obstetrics/gynecology, in particular. 11. Defendant, Conemaugh OB GYN Associates, is a corporation, organized and operating under the laws of the Commonwealth of Pennsylvania, with a business address and regularly conducting business at 1111 Franklin Street, Ste. 300, Johnstown, Pennsylvania. Plaintiffs are asserting a professional liability claim against this defendant. 12. It is believed and therefore averred that at all times pertinent hereto, Dr. Khouzami was an owner, shareholder, officer, agent, servant and/or employee of Conemaugh OB GYN Associates. 13. The agents, servants and employees of Conemaugh OB GYN Associates included Dr. Khouzami, as well as any other medical treatment providers employed by Conemaugh OB GYN Associates who rendered, or undertook to render, medical care and treatment to Plaintiff, as described in -4- detail below. 14. Defendant, Conemaugh Health System, Inc. ("Conemaugh"), is a corporation, organized and operating under the laws of the Commonwealth of Pennsylvania, with a business address and regularly conducting business at 1086 Franklin Street, Johnstown, Pennsylvania. Plaintiffs are asserting a professional liability claim against this defendant. 15. At all times pertinent hereto, Defendant Conemaugh held itself out in the community as being a full service medical care institution, properly equipped and staffed, and rendering quality medical care, acting through its departments, medical groups, staff members and other agents, servants and employees. 16. Defendant, Conemaugh Memorial Medical Center ("Conemaugh"), is a corporation, organized and operating under the laws of the Commonwealth of Pennsylvania, with a business address and regularly conducting business at 1086 Franklin Street, Johnstown, Pennsylvania. Plaintiffs are asserting a professional liability claim against this defendant. 17. At all times pertinent hereto, Defendant Conemaugh held itself out in the community as being a full service medical care institution, properly equipped and staffed, and rendering quality medical care, acting through its departments, medical groups, staff members and other agents, servants and employees. 18. At all times pertinent hereto, Dr. Khouzami was appointed and held out by Defendants Conemaugh as a physician in the labor and delivery department and, in that capacity, was the actual and/or ostensible agent, apparent agent, servant or employee of defendants Conemaugh, particularly with respect to his duties and responsibilities for the treatment and care of plaintiff and her mother. 19. Additionally, the actual or ostensible agents, servants, and employees of defendants -5- Conemaugh included those individuals in the hospital's labor and delviery department who were responsible for the implementation and execution of medical care pertaining to Plaintiff and her mother. This allegation is meant to include any and all persons who were responsible for implementing and carrying out the physician orders pertaining to Plaintiff and her mother. 20. At all times pertinent hereto, Defendants had a medical treater/patient relationship with the plaintiff, said defendants rendered and/or undertook to render medical treatment and care to plaintiff, individually and/or acting through its actual or ostensible agents, servants and employees. Defendants therefore had a legal duty to render such medical treatment and care in accordance with accepted standards of medicine. FACTUAL BACKGROUND 21. In or around March/April of 2001, plaintiff, Jessica Pfuhl, became pregnant with her first child. 22. On March 25, 2001 and April 14, 2001, Jessica Pfuhl presented to the emergency room at Holy Spirit Hospital and a pelvic sonogram identified the presence of a bicomuate uterus. 23. In or around May of 2001, Ms. Pfuhl came under the care of Dr. Jefferies, Dr. Sambhu and Central Pa. Ob-Gyn. 24. On or about June 11, 2001 an ultrasound performed on Ms. Pfuhl, at twelve (12) weeks gestation showed the presence of a live intrauterine pregnancy in the right horn of a bicornuate uterus. No specific treatment was given with respect to this diagnosis. 25. On or about September 14, 2001, Ms. Pfuhl, at approximately twenty five (25) weeks gestation, presented to the offices of Central Pa. Ob-Gyn with complaints of pinkish vaginal discharge and suprapubic pressure. Dr. Jefferies made a diagnosis of probable urinary tract infection and started -6- Ms. Pfuhl on the antibiotic Macrobid. 26. During this office visit, Ms. Pfuhl informed Dr. Jefferies that she had plans to go to Johnstown, Pennsylvania for the weekend and asked him if there were any problems or concerns with her making this trip. 27. Dr. Jefferies approved Ms. Pfuhl's trip to Johnstown and scheduled her for an ultrasound to be performed at his office on September 17, 2001. 28. On or about the early morning hours of September 15, 2001, Ms. Pfuhl experienced sudden onset of vaginal bleeding and abdominal pain while in Johnstown. She went to Conemaugh Memorial Medical Center for emergency evaluation. 29. At Conemaugh Memorial Medical Center, Ms. Pfuhl was diagnosed at 10 centimeters dilated and placental abruption. 30. Dr. Khouzami was first beeped at 0210 hours. Repeated efforts to reach Dr. Khouzami took place every 5 to 10 minutes until he called in at 0232 hours. During that phone call, Dr. Khouzami was advised that Ms. Pfhul was in preterm labor at 26 weeks. She had a known history of bicomuate uterus. 31. An emergent cesarean section delivery was performed by Dr. Khoumazi at 0330 hours and Ms. Pfuhl delivered her daughter, Taylor Maher, a severely premature infant weighing 1 lb. 12 oz. at birth. 32. Taylor Maher was diagnosed with multiple complications associated with her premature delivery. 33. On or about October 14, 2001, Taylor Maher was transferred to Hershey Medical Center for patent ductus arteriosus ("PDA") repair surgery. 34. Following the PDA surgical repair, Taylor Maher remained at Hershey Medical Center -7- for several months for the management and treatment of the multiple complications associated with her premature delivery. COUNTI Plaintiff v. George E. Jeffries, M.D. 35. Paragraphs 1 through 34 are herein incorporated by reference as though fully set forth at length herein. 36. The negligence of defendant, Dr. Jefferies, in his individual capacity and in his capacity as actual or ostensible agents, servants and/or employees of defendant, Central Pa. Ob-Gyn, consisted of the following: (a) failing to perform an adequate physical examination on Jessica Pfuhl on September 14, 2001 when she presented with complaints of pinkish vaginal discharge and suprapubic pressure; (b) failing to take adequate steps to confirm or rule out the presumptive diagnosis of a urinary tract infection on September 14, 2001 when Jessica Pfuhl presented with complaints of pinkish vaginal discharge and suprapubic pressure; (c) failing to rule out the diagnosis of preterm labor on September 14, 2001 when Jessica Pfuhl presented with complaints of pinkish vaginal discharge and suprapubic pressure; (d) failing to take adequate steps to prolong Jessica Pfuhl's pregnancy, which was an acknowledged high-risk pregnancy in light of her bicornuate uterus; (e) failing to take adequate steps to prevent Taylor Maher's premature delivery, which was an acknowledged high-risk pregnancy in light of Jessica Pfuhl's bicornuate uterus; (f) failing to take adequate steps to prevent injury to Taylor Maher as a result of her extremely premature delivery; (g) failing to consult with a perinatologist; (h) failing to inform Jessica Pfuhl of the risks associated with bicornuate uterus; and (i) failing to admit Jessica Pfuhl into the hospital for observation and testing. -8- 37. As a result of the tortious conduct of the defendants, as more particularly hereinafter set forth, Taylor Maher has suffered and continues from injuries which are serious and permanent in nature including, but not limited to, significant and profound physical and mental developmental delay due to severe prematurity at birth, which could have been prevented. 38. As a further result of defendants' tortious conduct, Taylor Maher has suffered and will continue to suffer, severe physical pain, mental suffering, physical disability and disfigurement, depression, mental distress and anguish and severe shock to her nerves and nervous system. 39. As a further result of defendants' tortious conduct, Taylor Maher has suffered economic losses in the form of permanent impairment of earning capacity and she will continue to suffer such loss for an indefinite time. 40. As a further result of defendants' tortious conduct, Taylor Maher has been unable to attend to her usual activities and she will continue to be unable to do so for an indefinite time. 41. As a further result of defendants' tortious conduct, Taylor Maher has suffered a significant loss in her enjoyment of the pleasures of life and will continue to suffer such loss for an indefinite time. 42. As a further result of defendants' tortious conduct, plaintiff has incurred significant expenses for medical treatment, medical consultations, rehabilitation and other related expenses in an effort to treat the minor-plaintiff's condition and to maximize her rehabilitation, and she will continue to incur such expenses for an indefinite time. WHEREFORE, plaintiffs demand judgment against defendants, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs and damages for prejudgment delay. -9- COUNT II Plaintiff v. Kundu N. Sambhu, M.D. 43. Paragraphs 1 through 42 are herein incorporated by reference as though fully set forth at length herein. 44. The negligence of defendant, Dr. Sambhu, in his individual capacity and in his capacity as actual or ostensible agents, servants and/or employees of defendant, Central Pa. Ob-Gyn, consisted of the following: (a) failing to perform an adequate physical examination on Jessica Pfuhl on September 14, 2001 when she presented with complaints of pinkish vaginal discharge and suprapubic pressure; (b) failing to take adequate steps to confirm or rule out the presumptive diagnosis of a urinary tract infection on September 14, 2001 when Jessica Pfuhl presented with complaints of pinkish vaginal discharge and suprapubic pressure; (c) failing to rule out the diagnosis of preterm labor on September 14, 2001 when Jessica Pfuhl presented with complaints of pinkish vaginal discharge and suprapubic pressure; (d) failing to take adequate steps to prolong Jessica Pfuhl's pregnancy, which was an acknowledged high-risk pregnancy in light of her bicornuate uterus; (e) failing to take adequate steps to prevent Taylor Maher's premature delivery, which was an acknowledged high-risk pregnancy in light of Jessica Pfuhl's bicornuate uterus; (f) failing to take adequate steps to prevent injury to Taylor Maher as a result of her extremely premature delivery; (g) failing to consult with a perinatologist; (h) failing to inform Jessica Pfuhl of the risks associated with bicornuate uterus; and (1) failing to admit Jessica Pfuhl into the hospital for observation and testing. 45. As a result of the tortious conduct of the defendants, as more particularly hereinafter set forth, Taylor Maher has suffered and continues from injuries which are serious and permanent in nature -10- including, but not limited to, significant and profound physical and mental developmental delay due to severe prematurity at birth, which could have been prevented. 46. As a further result of defendants' tortious conduct, Taylor Maher has suffered and will continue to suffer, severe physical pain, mental suffering, physical disability and disfigurement, depression, mental distress and anguish and severe shock to her nerves and nervous system. 47. As a further result of defendants' tortious conduct, Taylor Maher has suffered economic losses in the form of permanent impairment of earning capacity and she will continue to suffer such loss for an indefinite time. 48. As a further result of defendants' tortious conduct, Taylor Maher has been unable to attend to her usual activities and she will continue to be unable to do so for an indefinite time. 49. As a further result of defendants' tortious conduct, Taylor Maher has suffered a significant loss in her enjoyment of the pleasures of life and will continue to suffer such loss for an indefinite time. 50. As a further result of defendants' tortious conduct, plaintiff has incurred significant expenses for medical treatment, medical consultations, rehabilitation and other related expenses in an effort to treat the minor-plaintiff's condition and to maximize her rehabilitation, and she will continue to incur such expenses for an indefinite time. WHEREFORE, plaintiffs demand judgment against defendants, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs and damages for prejudgment delay. -11- COUNT III Plaintiff v. Central Pa. Ob-Gyn 51. Paragraphs 1 through 50 are here incorporated by reference as though fully set forth at length herein. 52. The negligence of defendant, Central Pa. Ob-Gyn, acting through its actual or ostensible agents, servants and/or employees, consisted of the following: (a) failing to perform an adequate physical examination on Jessica Pfuhl on September 14, 2001 when she presented with complaints of pinkish vaginal discharge and suprapubic pressure; (b) failing to take adequate steps to confirm or rule out the presumptive diagnosis of a urinary tract infection on September 14, 2001 when Jessica Pfuhl presented with complaints of pinkish vaginal discharge and suprapubic pressure; (c) failing to rule out the diagnosis of preterm labor on September 14, 2001 when Jessica Pfuhl presented with complaints of pinkish vaginal discharge and suprapubic pressure; (d) failing to take adequate steps to prolong Jessica Pfuhl's pregnancy, which was an acknowledged high-risk pregnancy in light of her bicornuate uterus; (e) failing to take adequate steps to prevent Taylor Maher's premature delivery, which was an acknowledged high-risk pregnancy in light of Jessica Pfuhl's bicornuate uterus; (f) failing to take adequate steps to prevent injury to Taylor Maher as a result of her extremely premature delivery; (g) failing to consult with a perinatologist; (h) failing to inform Jessica Pfuhl of the risks associated with bicomuate uterus; (i) failing to admit Jessica Pfuhl into the hospital for observation and testing; (j) failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to provide proper medical care to Jessica Pfuhl and Taylor Maher; (k). assigning physicians to care for patients who are not qualified to rendered -12- standard and acceptable medical care; (1). failing to adopt and/or enforce adequate rules, policies and procedures in order to assure that physicians, nurses and other healthcare providers who are not competent to render care and treatment to its patients are not allowed to practice within its facilities; and (m). failing to adopt and/or enforce adequate rules, policies and procedures to assure that adequate steps are taken to prevent injuries to patients such as the plaintiff. 53. As a result of the tortious conduct of the defendants, as more particularly hereinafter set forth, Taylor Maher has suffered and continues from injuries which are serious and permanent in nature including, but not limited to, significant and profound physical and mental developmental delay due to severe prematurity at birth, which could have been prevented. 54. As a further result of defendants' tortious conduct, Taylor Maher has suffered and will continue to suffer, severe physical pain, mental suffering, physical disability and disfigurement, depression, mental distress and anguish and severe shock to her nerves and nervous system. 55. As a further result of defendants' tortious conduct, Taylor Maher has suffered economic losses in the form of permanent impairment of earning capacity and she will continue to suffer such loss for an indefinite time. 56. As a further result of defendants' tortious conduct, Taylor Maher has been unable to attend to her usual activities and she will continue to be unable to do so for an indefinite time. 57. As a further result of defendants' tortious conduct, Taylor Maher has suffered a significant loss in her enjoyment of the pleasures of life and will continue to suffer such loss for an indefinite time. 58. As a further result of defendants' tortious conduct, plaintiff has incurred significant expenses for medical treatment, medical consultations, rehabilitation and other related expenses in an effort to treat the minor-plaintiff's condition and to maximize her rehabilitation, and she will continue to -13- incur such expenses for an indefinite time. WHEREFORE, plaintiffs demand judgment against defendants, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs and damages for prejudgment delay. COUNT IV Plaintiff v. Adib Najib Khouzami, M.D. 59. Paragraphs 1 through 58 are herein incorporated by reference as though fully set forth at length herein. 60. The negligence of defendant, Dr. Khouzami, in his individual capacity and in his capacity as actual or ostensible agents, servants and/or employees of defendants, Conemaugh and/or Conemaugh OB GYN Associates, consisted of the following: (a) failing to provide emergent medical care to Jessica Pfuhl on September 15, 2001 when she presented to the Labor & Delivery unit at Conemaugh Memorial Medical Center; (b) delaying for an inordinate period of time to tend to Jessica Pfuhl; (c) failing to timely assess Jessica Pfuhl's medical condition when she presented to the Labor & Delivery unit; (d) failing to appreciate the emergent need of Jessica Pfuhl's condition; (e) failing to timely respond to the numerous pages requesting that care be provided to Jessica Pfuhl; (f) failing to instruct the nurses and medical staff to provide interim medical care to Jessica Pfuhl; (g) failing to inquire into Jessica Pfuhl's condition during the time period in which he was being paged; and (h) failing to ensure that medical patients were not left unattended for an inordinate period of time while in the Labor & Delivery unit. -14- 61. As a result of the tortious conduct of the defendants, as more particularly hereinafter set forth, Taylor Maher has suffered and continues from injuries which are serious and permanent in nature including, but not limited to, significant and profound physical and mental developmental delay due to severe prematurity at birth, which could have been prevented. 62. As a further result of defendants' tortious conduct, Taylor Maher has suffered and will continue to suffer, severe physical pain, mental suffering, physical disability and disfigurement, depression, mental distress and anguish and severe shock to her nerves and nervous system. 63. As a further result of defendants' tortious conduct, Taylor Maher has suffered economic losses in the form of permanent impairment of earning capacity and she will continue to suffer such loss for an indefinite time. 64. As a further result of defendants' tortious conduct, Taylor Maher has been unable to attend to her usual activities and she will continue to be unable to do so for an indefinite time. 65. As a further result of defendants' tortious conduct, Taylor Maher has suffered a significant loss in her enjoyment of the pleasures of life and will continue to suffer such loss for an indefinite time. 66. As a further result of defendants' tortious conduct, plaintiff has incurred significant expenses for medical treatment, medical consultations, rehabilitation and other related expenses in an effort to treat the minor-plaintiff's condition and to maximize her rehabilitation, and she will continue to incur such expenses for an indefinite time. WHEREFORE, plaintiffs demand judgment against defendants, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs and damages for prejudgment delay. -15- COUNT V Plaintiff v. Conemau2h OB GYN Associates 67. Paragraphs 1 through 66 are herein incorporated by reference as though fully set forth at length herein. 68. The negligence of defendant, Conemaugh OB GYN Associates acting through its actual or ostensible agents, servants and/or employees consisted of the following: (a) failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to properly interpret, identify and respond to Jessica Pfuhl's medical condition including pre- term labor; (b). failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to conduct appropriate examinations of Jessica Pfuhl to formulate an appropriate diagnosis of her medical condition; (c). failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to conduct appropriate examinations and/or tests of Jessica Pfuhl to formulate an appropriate diagnosis of her medical condition; (d). failure to create and implement a training program designed to insure that all labor and delivery patients of Conemaugh receive accepted and standard medical care by the assigned nursing staff and physicians; (e). assigning physicians and nurses to care for patients of the labor and delivery unit of Conemaugh who are not qualified to rendered standard and acceptable medical care; (f) failing to adequately staff the labor and delivery unit to ensure that patients of Conemaugh receive timely medical care, particularly on an emergent basis; (g). failing to adopt and/or enforce adequate rules, policies and procedures in order to assure that physicians, nurses and other healthcare providers who are not competent to render care and treatment to its patients are not allowed to practice within its facilities; (h). failing to adopt and/or enforce adequate rules, policies and procedures to assure that adequate steps are taken to prevent injuries to patients such as the plaintiff, -16- (i) failing to provide emergent medical care to Jessica Pfuhl on September 15, 2001 when she presented to the Labor & Delivery unit at Conemaugh Memorial Medical Center; 0) delaying for an inordinate period of time to tend to Jessica Pfuhl; (k) failing to timely assess Jessica Pfuhl's medical condition when she presented to the Labor & Delivery unit; (1) failing to appreciate the emergent need of Jessica Pfuhl's condition; (m) failing to timely respond to the numerous pages requesting that care be provided to Jessica Pfuhl; (n) failing to instruct the nurses and medical staff to provide interim medical care to Jessica Pfuhl; (o) failing to inquire into Jessica Pfuhl's condition during the time period in which he was being paged; and (p) failing to ensure that medical patients were not left unattended for an inordinate period of time while in the Labor & Delivery unit. 69. As a result of the tortious conduct of the defendants, as more particularly hereinafter set forth, Taylor Maher has suffered and continues from injuries which are serious and permanent in nature including, but not limited to, significant and profound physical and mental developmental delay due to severe prematurity at birth, which could have been prevented. 70. As a further result of defendants' tortious conduct, Taylor Maher has suffered and will continue to suffer, severe physical pain, mental suffering, physical disability and disfigurement, depression, mental distress and anguish and severe shock to her nerves and nervous system. 71. As a further result of defendants' tortious conduct, Taylor Maher has suffered economic losses in the form of permanent impairment of earning capacity and she will continue to suffer such loss for an indefinite time. 72. As a further result of defendants' tortious conduct, Taylor Maher has been unable to -17- attend to her usual activities and she will continue to be unable to do so for an indefinite time. 73. As a further result of defendants' tortious conduct, Taylor Maher has suffered a significant loss in her enjoyment of the pleasures of life and will continue to suffer such loss for an indefinite time. 74. As a further result of defendants' tortious conduct, plaintiff has incurred significant expenses for medical treatment, medical consultations, rehabilitation and other related expenses in an effort to treat the minor-plaintiff's condition and to maximize her rehabilitation, and she will continue to incur such expenses for an indefinite time. WHEREFORE, plaintiffs demand judgment against defendants, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs and damages for prejudgment delay. COUNT VI Plaintiff v. Conemaugh Health System, Inc. 75. Plaintiffs incorporate by reference paragraphs 1-74 above, as though set forth at length herein. 76. The negligent and careless conduct of defendant Conemaugh Health System, Inc. acting through its agents, servants and/or employees, consisted of the following: (a). failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to properly interpret, identify and respond to Jessica Pfuhl's medical condition including pre- term labor; (b). failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to conduct appropriate examinations of Jessica Pfuhl to formulate an appropriate diagnosis of her medical condition; (c). failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to conduct -18- appropriate examinations and/or tests of Jessica Pfuhl to formulate an appropriate diagnosis of her medical condition; (d). failure to create and implement a training program designed to insure that all labor and delivery patients of Conemaugh receive accepted and standard medical care by the assigned nursing staff and physicians; (e). assigning physicians and nurses to care for patients of the labor and delivery unit of Conemaugh who are not qualified to rendered standard and acceptable medical care; (f) failing to adequately staff the labor and delivery unit to ensure that patients of Conemaugh receive timely medical care, particularly on an emergent basis; (g). failing to adopt and/or enforce adequate rules, policies and procedures in order to assure that physicians, nurses and other healthcare providers who are not competent to render care and treatment to its patients are not allowed to practice within its facilities; (h). failing to adopt and/or enforce adequate rules, policies and procedures to assure that adequate steps are taken to prevent injuries to patients such as the plaintiff; (i) failing to provide emergent medical care to Jessica Pfuhl on September 15, 2001 when she presented to the Labor & Delivery unit at Conemaugh Memorial Medical Center; 0) delaying for an inordinate period of time to tend to Jessica Pfuhl; (k) failing to timely assess Jessica Pfuhl's medical condition when she presented to the Labor & Delivery unit; (1) failing to appreciate the emergent need of Jessica Pfuhl's condition; (m) failing to timely respond to the numerous pages requesting that care be provided to Jessica Pfuhl; (n) failing to instruct the nurses and medical staff to provide interim medical care to Jessica Pfuhl; (o) failing to inquire into Jessica Pfuhl's condition during the time period in which he was being paged; and (p) failing to ensure that medical patients were not left unattended for an inordinate period of time while in the Labor & Delivery unit. -19- 77. As a result of the tortious conduct of the defendants, as more particularly hereinafter set forth, Taylor Maher has suffered and continues from injuries which are serious and permanent in nature including, but not limited to, significant and profound physical and mental developmental delay due to severe prematurity at birth, which could have been prevented. 78. As a further result of defendants' tortious conduct, Taylor Maher has suffered and will continue to suffer, severe physical pain, mental suffering, physical disability and disfigurement, depression, mental distress and anguish and severe shock to her nerves and nervous system. 79. As a further result of defendants' tortious conduct, Taylor Maher has suffered economic losses in the form of permanent impairment of earning capacity and she will continue to suffer such loss for an indefinite time. 80. As a further result of defendants' tortious conduct, Taylor Maher has been unable to attend to her usual activities and she will continue to be unable to do so for an indefinite time. 81. As a further result of defendants' tortious conduct, Taylor Maher has suffered a significant loss in her enjoyment of the pleasures of life and will continue to suffer such loss for an indefinite time. 82. As a further result of defendants' tortious conduct, plaintiff has incurred significant expenses for medical treatment, medical consultations, rehabilitation and other related expenses in an effort to treat the minor-plaintiff's condition and to maximize her rehabilitation, and she will continue to incur such expenses for an indefinite time. WHEREFORE, plaintiffs demand judgment against defendants, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs and damages for prejudgment delay. -20- COUNT VII Plaintiff v. Conemaugh Memorial Medical Center 83. Plaintiffs incorporate by reference paragraphs 1-82 above, as though set forth at length herein. 84. The negligent and careless conduct of defendant Conemaugh Memorial Medical Center acting through its agents, servants and/or employees, consisted of the following: (a). failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to properly interpret, identify and respond to Jessica Pfuhl's medical condition including pre- term labor; (b). failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to conduct appropriate examinations of Jessica Pfuhl to formulate an appropriate diagnosis of her medical condition; (c). failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to conduct appropriate examinations and/or tests of Jessica Pfuhl to formulate an appropriate diagnosis of her medical condition; (d). failure to create and implement a training program designed to insure that all labor and delivery patients of Conemaugh receive accepted and standard medical care by the assigned nursing staff and physicians; (e). assigning physicians and nurses to care for patients of the labor and delivery unit of Conemaugh who are not qualified to rendered standard and acceptable medical care; (f) failing to adequately staff the labor and delivery unit to ensure that patients of Conemaugh receive timely medical care, particularly on an emergent basis; (g). failing to adopt and/or enforce adequate rules, policies and procedures in order to assure that physicians, nurses and other healthcare providers who are not competent to render care and treatment to its patients are not allowed to practice within its facilities; (h). failing to adopt and/or enforce adequate rules, policies and procedures to assure that adequate steps are taken to prevent injuries to patients such as the plaintiff; -21- (i) failing to provide emergent medical care to Jessica Pfuhl on September 15, 2001 when she presented to the Labor & Delivery unit at Conemaugh Memorial Medical Center; 0) delaying for an inordinate period of time to tend to Jessica Pfuhl; (k) failing to timely assess Jessica Pfuhl's medical condition when she presented to the Labor & Delivery unit; (1) failing to appreciate the emergent need of Jessica Pfuhl's condition; (m) failing to timely respond to the numerous pages requesting that care be provided to Jessica Pfuhl; (n) failing to instruct the nurses and medical staff to provide interim medical care to Jessica Pfuhl; (o) failing to inquire into Jessica Pf ihl's condition during the time period in which he was being paged; and (p) failing to ensure that medical patients were not left unattended for an inordinate period of time while in the Labor & Delivery unit. 85. As a result of the tortious conduct of the defendants, as more particularly hereinafter set forth, Taylor Maher has suffered and continues from injuries which are serious and permanent in nature including, but not limited to, significant and profound physical and mental developmental delay due to severe prematurity at birth, which could have been prevented. 86. As a further result of defendants' tortious conduct, Taylor Maher has suffered and will continue to suffer, severe physical pain, mental suffering, physical disability and disfigurement, depression, mental distress and anguish and severe shock to her nerves and nervous system. 87. As a further result of defendants' tortious conduct, Taylor Maher has suffered economic losses in the form of permanent impairment of earning capacity and she will continue to suffer such loss for an indefinite time. 88. As a further result of defendants' tortious conduct, Taylor Maher has been unable to -22- attend to her usual activities and she will continue to be unable to do so for an indefinite time. 89. As a further result of defendants' tortious conduct, Taylor Maher has suffered a significant loss in her enjoyment of the pleasures of life and will continue to suffer such loss for an indefinite time. 90. As a further result of defendants' tortious conduct, plaintiff has incurred significant expenses for medical treatment, medical consultations, rehabilitation and other related expenses in an effort to treat the minor-plaintiff's condition and to maximize her rehabilitation, and she will continue to incur such expenses for an indefinite time. WHEREFORE, plaintiffs demand judgment against defendants, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs and damages for prejudgment delay. SHRAGER SPIVEY & SACHS, P.C. By: WAYN,k W. SPIVEY STEV . CHUNG Attor vs for Plaintiffs -23- VERIFICATION Jessica Pfuhl hereby states that she is one of the plaintiffs in the foregoing action and that the foregoing averments in the Complaint are true and correct to the best of her knowledge, information and belief. The language of said averments is that of counsel and not of plaintiff. Plaintiff has read the Complaint and to the extent that it is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the language of the Complaint is that of counsel, she has relied upon counsel in making this verification. This Statement is made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. VERIFICATION Jeremy Maher hereby states that he is one of the plaintiffs in the foregoing action and that the foregoing averments in the Complaint are true and correct to the best of his knowledge, information and belief. The language of said averments is that of counsel and not of plaintiff. Plaintiff has read the Complaint and to the extent that it is based upon information which she has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the language of the Complaint is that of counsel, he has relied upon counsel in making this verification. This Statement is made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. MAHER ty r' r ?-T rJ • VI ; T ? V ' 1 OV3 Shrager, Spivey & Sachs By: Wayne R. Spivey, Esquire/Steven L. Chung, Esquire Identification Numbers: 31017/78834 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs VS. GEORGE E. JEFFERIES, M.D.; KUNDU N. SAMBHU, M.D.; CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC.; ADIB NAJIB KHOUZAMI, M.D.; CONEMAUGH OB GYN ASSOCIATES; CONEMAUGH HEALTH SYSTEM, INC.; and CONEMAUGH MEMORIAL MEDICAL CENTER. Defendants. CUMBERLAND COUNTY COURT OF COMMONPLEAS No.: 06-6421 Civil Term JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO SAMBHU N. KUNDU, M.D. In accordance with Rule 1042.3(a) I, Steven L. Chung, Attorney for Plaintiff(s), certify that: V1 An appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; 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 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: 1116106 STEVE .CHUNG Attorney for Plaintiff(s) t7 % I M Shrager, Spivey & Sachs By: Wayne R. Spivey, Esquire/Steven L. Chung, Esquire Identification Numbers: 31017/78834 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs VS. GEORGE E. JEFFERIES, M.D.; KUNDU N. SAMBHU, M.D.; CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC.; ADIB NAJIB KHOUZAMI, M.D.; CONEMAUGH OB GYN ASSOCIATES; CONEMAUGH HEALTH SYSTEM, INC.; and CONEMAUGH MEMORIAL MEDICAL CENTER. Defendants. CUMBERLAND COUNTY COURT OF COMMON PLEAS No.: 06-6421 Civil Term JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO GEORGE E. JEFFERIES, M.D. In accordance with Rule 1042.3(a) I, Steven L. Chung, Attorney for Plaintiff(s), certify that: An appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; 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 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 I . -4% 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: I 1 / &/ 0 6 STEVEN HU G Attorney for Plaintiff(s) r C. C7J- ?{ Shrager, Spivey & Sachs By: Wayne R. Spivey, Esquire/Steven L. Chung, Esquire Identification Numbers: 31017/78834 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs VS. GEORGE E. JEFFERIES, M.D.; KUNDU N. SAMBHU, M.D.; CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC.; ADIB NAJIB KHOUZAMI, M.D.; CONEMAUGH OB GYN ASSOCIATES; CONEMAUGH HEALTH SYSTEM, INC.; and CONEMAUGH MEMORIAL MEDICAL CENTER. Defendants. CUMBERLAND COUNTY COURT OF COMMONPLEAS : No.: 06-6421 Civil Term JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO CENTRAL PENNSYLVANIA OBSTETRICS AND GYNECOLOGY, INC. In accordance with Rule 1042.3(a) I, Steven L. Chung, Attorney for Plaintiff(s), certify that: An appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; 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 written statement to the undersigned that there is a basis to conclude that the care, skill or AI '% 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: "(61A STEVI.Nr. CHUNG Attorn for Plaintiff(s) (> ?=' ?i ?: r:n .-s - - """" .' .r' ? ?? '-.,r s 't -i j t`^3 =; _?? `= ; .-? .w '' • ?. C.:' ij'w 1 Shrager, Spivey & Sachs By: Wayne R. Spivey, Esquire/Steven L. Chung, Esquire Identification Numbers: 31017/78834 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs VS. GEORGE E. JEFFERIES, M.D.; KUNDU N. SAMBHU, M.D.; CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC.; ADIB NAJIB KHOUZAMI, M.D.; CONEMAUGH OB GYN ASSOCIATES; CONEMAUGH HEALTH SYSTEM, INC.; and CONEMAUGH MEMORIAL MEDICAL CENTER. Defendants. CUMBERLAND COUNTY COURT OF COMMON PLEAS No.: 06-6421 Civil Term JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO ADIB NAJIB KHOUZAMI, M.D. In accordance with Rule 1042.3(a) I, Steven L. Chung, Attorney for Plaintiff(s), certify that: An appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; 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 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: 1 6 v l STEVF?NJL. CHUNG Attor a for Plaintiff(s) ?'? ? ? te . ' rt `r ,.,` ?? 1 ?? ? [-,? ?" .- - ` , - ' ' ? ?t?i .ti.? ? _. %? ? --? % N Shrager, Spivey & Sachs By: Wayne R. Spivey, Esquire/Steven L. Chung, Esquire Identification Numbers: 31017/78834 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, CUMBERLAND COUNTY COURT OF COMMONPLEAS : No.: 06-6421 Civil Term Plaintiffs VS. GEORGE E. JEFFERIES, M.D.; KUNDU N. SAMBHU, M.D.; CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC.; ADIB NAJIB KHOUZAMI, M.D.; CONEMAUGH OB GYN ASSOCIATES; CONEMAUGH HEALTH SYSTEM, INC.; and CONEMAUGH MEMORIAL MEDICAL CENTER. Defendants. ri JURY TRIAL DEMATD1 _ lid CERTIFICATE OF MERIT AS TO CONEMAUGH OB GYN ASSOCIATES In accordance with Rule 1042.3(a) I, Steven L. Chung, Attorney for Plaintiff(s), certify that: Ll? An appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; 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 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: I I / 6 to ? C-1 J t - ?? Shrager, Spivey & Sachs By: Wayne R. Spivey, Esquire/Steven L. Chung, Esquire Identification Numbers: 31017/78834 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs VS. GEORGE E. JEFFERIES, M.D.; KUNDU N. SAMBHU, M.D.; CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC.; ADIB NAJIB KHOUZAMI, M.D.; CONEMAUGH OB GYN ASSOCIATES; CONEMAUGH HEALTH SYSTEM, INC.; and CONEMAUGH MEMORIAL MEDICAL CENTER. Defendants. CUMBERLAND COUNTY COURT OF COMMONPLEAS No.: 06-6421 Civil Term JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO CONEMAUGH HEALTH SYSTEM, INC. In accordance with Rule 1042.3(a) I, Steven L. Chung, Attorney for Plaintiff(s), certify that: An appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; 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 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 r -. 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: 4 (?I S eN . CHUNG to y for Plaintiff(s) ,,. '"„ ?? `? G:? ?-?n ?? .a ? ? ?: 1 ? ? , ! r°"a ?:. ?;;k i ?,:' ..? - -? e Shrager, Spivey & Sachs By: Wayne R. Spivey, Esquire/Steven L. Chung, Esquire Identification Numbers: 31017/78834 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs vs. GEORGE E. JEFFERIES, M.D.; KUNDU N. SAMBHU, M.D.; CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC.; ADIB NAJIB KHOUZAMI, M.D.; CONEMAUGH OB GYN ASSOCIATES; CONEMAUGH HEALTH SYSTEM, INC.; and CONEMAUGH MEMORIAL MEDICAL CENTER. Defendants. CUMBERLAND COUNTY COURT OF COMMONPLEAS No.: 06-6421 Civil Term : JURY TRIAL DEMANDED CERTIFICATE OF MERIT AS TO CONEMAUGH MEMORIAL MEDICAL CENTER. In accordance with Rule 1042.3(a) I, Steven L. Chung, Attorney for Plaintiff(s), certify that: An appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by this defendant in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; 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 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: STEVFJN L. CHUNG for Plaintiff(s) k4f) ; i. Shrager, Spivey & Sachs By: Wayne R. Spivey, Esquire/Steven L. Chung, Esquire Identification Numbers: 31017/78834 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs VS. GEORGE E. JEFFERIES, M.D.; KUNDU N. SAMBHU, M.D.; CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC.; ADIB NAJIB KHOUZAMI, M.D.; CONEMAUGH OB GYN ASSOCIATES; CONEMAUGH HEALTH SYSTEM, INC.; and CONEMAUGH MEMORIAL MEDICAL CENTER. Defendants. CUMBERLAND COUNTY COURT OF COMMON PLEAS No.: 06-6421 Civil Term JURY TRIAL DEMANDED PRAECIPE TO REINSTATE PLAINTIFFS' COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the attached Complaint. By: SHRAGER SPIVEY & SACHS, P.C. STEVEN L. C?IG Attorney for P a' tiffs Dated: 11,-,) I 0' C3 ? c:;Dl C) -n (?f COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, No. 06 - 6421 ISSUE: PRAECIPE FOR APPEARANCE Plaintiffs vs. GEORGE E. JEFFERIES, M.D., KUNDU N. SAMBHU, M.D., CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC., ADIB NAJIB KHOUZAMI, M.D., CONEMAUGH OB GYN ASSOCIATES, CONEMAUGH HEALTH SYSTEM, INC., and CONEMAUGH MEMORIAL MEDICAL CENTER, Defendants I HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF THE WITHIN WAS MAILED TO ALL COUNSEL OF RECORD THIS 20' DAY OF NOVEMBER, 2006. Filed on behalf of Defendants, ADIB NAJIB KHOUZAMI, M.D., CONEMAUGH OB GYN ASSOCIATES, CONEMAUGH HEALTH SYSTEM, INC. and CONEMAUGH MEMORIAL MEDICAL CENTER Counsel of Record: Michael A. Sosnowski, Esquire PA I.D. #67207 McINTYRE, HARTYE & SCHMITT P.O. Box 533 Hollidaysburg, PA 16648 (814) 696-3581 : JURY TRIAL DEMANDED Attorneys for Named Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TAYLOR MAHER, a minor, by and through No. 06 - 6421 JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs vs. GEORGE E. JEFFERIES, M.D., KUNDU N. SAMBHU, M.D., CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC., ADIB NAJIB KHOUZAMI, M.D., CONEMAUGH OB GYN ASSOCIATES, CONEMAUGH HEALTH SYSTEM, INC., and CONEMAUGH MEMORIAL MEDICAL CENTER, Defendants : JURY TRIAL DEMANDED PRAECIPE FOR APPEARANCE TO: PROTHONOTARY Enter my Appearance on behalf of Defendants, ADIB NAJIB KHOUZAMI, M.D., CONEMAUGH OB GYN ASSOCIATES, CONEMAUGH HEALTH SYSTEM, INC. and CONEMAUGH MEMORIAL MEDICAL CENTER. Papers may be served at the address set forth below. Attorneys for Defe dants, ADIB NAJIB KHOUZAMI, M.D., CONEMAUGH OB GYN ASSOCIATES, CONEMAUGH HEALTH SYSTEM, INC. & CONEMAUGH MEMORIAL MEDICAL CENTER McINTYRE, HARTYE & SCHMITT Michael A. Sosnowski, Esquire PA I . D. #67207 P.O. Box 533 Hollidaysburg, PA 16648-0533 (814) 696-3581 Date: November 29, 2006 V @20@0z,21 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Patrick J. Stapleton, III, Esquire ID# 38057 By: Patricia Haas Corll, Esquire ID# 59238 800 North 3rd Street 2nd Floor Harrisburg, PA 17102 (717) 237-6940 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians vs. GEORGE E. JEFFERIES, M.D., KUNDU N. SAMBHU, M.D., CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC., ADIB NAJIB KHOUZAMI, M.D. CONEMAUGH OB GYN ASSOCIATES, ET AL. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION : CASE NO.: 06-6421 PRAECIPE TO ENTER APPEARANCE Kindly enter the appearance of Patrick J. Stapleton, Jr., Esquire, Patricia Haas Corll, Esquire and the law firm WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP, on behalf of Defendant Adib Najib Khouzami, M.D., in the above-captioned case. WEBER GALLAGHER SIMPSON STAPLETON FIRES & I EWVY, LLP By: rat is Haas t_ klreet, hsquire 8Q,O North Th' d 2°d Floor Harrisburg, PA 17102 Tel: (717) 237-6940 Counsel for Defendant, Adib Najib Khouzami, M.D. PRAECIPE FOR WITHDRAWAL OF APPEARANCE Kindly withdraw the appearance of Michael A. Sosnowski, Esquire, and the law firm of McIntyre Hartye & Schmitt, on behalf of Defendant Adib Najib Khouzami, M.D., in the above- captioned case due to the entrance of appearance filed on behalf of Defendant Adib Najib Khouzami, M.D., by Patrick J. Stapleton, Esquire, Patricia Haas Corll, Esquire and the law firm of Weber Gallagher Simpson Stapleton Fires & Newby, LLP. Dated: 2007 By: Michael A. Sosnowski, Esquire McIntyre Hartye & Schmitt P.O. Box 533 Hollidaysburg, PA 16648 (814) 696-3581 CERTIFICATE OF SERVICE I, Michael A. Sosnowski, Esquire, hereby certify that a true and correct copy of the foregoing Praecipe to Enter Appearance/ Withdrawal of Appearance has been served on the following persons/entities via United States First Class Mail, postage prepaid, this __1_ da of y January 2007. Wayne R. Spivey, Esquire Shrager, Spivey & Sachs 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, PA 19102 Patricia Haas Cori], Esquire Weber Gallagher Simpson Stapleton Fires & Newby, LLP 800 North Third Street, 2nd Floor Harrisburg, PA 17102 Respectfully submitted, MCINTYRE HARTYE & SCHMITT By: _. 1? MM41 A. Sosnowski?? ? , Esquire McIntyre Hartye & Schmitt P.O. Box 533 Hollidaysburg, PA 16648 Dated: January -__L___, 2007 COP ? Shrager, Spivey & Sachs By: Wayne R. Spivey, Esquire/Steven L. Chung, Esquire Identification Numbers: 31017/78834 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs VS. GEORGE E. JEFFERIES, M.D.; KUNDU N. SAMBHU, M.D.; CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC.; ADIB NAJIB KHOUZAMI, M.D.; CONEMAUGH OB GYN ASSOCIATES; CONEMAUGH HEALTH SYSTEM, INC.; and CONEMAUGH MEMORIAL MEDICAL CENTER. Defendants. CUMBERLAND COUNTY COURT OF COMMON PLEAS No.: 06-6421 Civil Term JURY TRIAL DEMANDED ANSWER TO PRELIMINARY OBJECTIONS OF DEFENDANTS GEORGE E. JEFFRIES, M.D., SAMBHU N. KUNDU, M.D. AND CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC. Plaintiffs, by and through their attorneys, SHRAGER, SPIVEY & SACHS, hereby respond to Defendants George E. Jeffries, M.D., Sambhu N. Kundu, M.D. and Central Pennsylvania Obstetrics- Gynecology, Inc. as follows: L-10. Paragraphs one through twenty-two of Defendants' Preliminary Objections are denied and/or denied as stated in accordance with and as fully set forth in Plaintiff's Memorandum of Law. WHEREFORE, Plaintiff respectfully requests that this Court overrule Defendants' preliminary objections. SHRAGER, SPIVEY & SACHS, P.C. By: Dated: 1- © r ?2 Attorney for Plaintiffs Shrager, Spivey & Sachs By: Wayne R. Spivey, Esquire/Steven L. Chung, Esquire Identification Numbers: 31017/78834 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through : CUMBERLAND COUNTY JESSICA PFUHL and JEREMY MAHER, her : COURT OF COMMONPLEAS parents and natural guardians, No.: 06-6421 Civil Term Plaintiffs vs. GEORGE E. JEFFERIES, M.D.; : JURY TRIAL DEMANDED KUNDU N. SAMBHU, M.D.; CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC.; ADIB NAJIB KHOUZAMI, M.D.; CONEMAUGH OB GYN ASSOCIATES; CONEMAUGH HEALTH SYSTEM, INC.; and CONEMAUGH MEMORIAL MEDICAL CENTER. Defendants. BRIEF IN SUPPORT OF ANSWER TO PRELIMINARY OBJECTIONS OF DEFENDANTS GEORGE E. JEFFRIES, M.D., SAMBHU N. KUNDU, M.D. AND CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC. Plaintiff, by and through her attorneys, SHRAGER, SPIVEY & SACHS, respectfully submit their Brief in support of their Answer to Defendants' Preliminary Objections as follows: 1. FACTS In or around March/April of 2001, plaintiff, Jessica Pfuhl, became pregnant with her first child. On March 25, 2001 and April 14, 2001, Jessica Pfuhl presented to the emergency room at Holy Spirit Hospital and a pelvic sonogram identified the presence of a bicornuate uterus. In or around May of 2001, Ms. Pfuhl came under the care of Dr. Jefferies, Dr. Sambhu and Central Pa. Ob-Gyn. On or about June 11, 2001 an ultrasound performed on Ms. Pfuhl, at twelve (12) weeks gestation showed the presence of a live intrauterine pregnancy in the right horn of a bicornuate uterus. No specific treatment was given with respect to this diagnosis. On or about September 14, 2001, Ms. Pfuhl, at approximately twenty five (25) weeks gestation, presented to the offices of Central Pa. Ob-Gyn with complaints of pinkish vaginal discharge and suprapubic pressure. Dr. Jefferies made a diagnosis of probable urinary tract infection and started Ms. Pfuhl on the antibiotic Macrobid. During this office visit, Ms. Pfuhl informed Dr. Jefferies that she had plans to go to Johnstown, Pennsylvania for the weekend and asked him if there were any problems or concerns with her making this trip. Dr. Jefferies approved Ms. Pfuhl's trip to Johnstown and scheduled her for an ultrasound to be performed at his office on September 17, 2001. On or about the early morning hours of September 15, 2001, Ms. Pfuhl experienced sudden onset of vaginal bleeding and abdominal pain while in Johnstown. She went to Conemaugh Memorial Medical Center for emergency evaluation. At Conemaugh Memorial Medical Center, Ms. Pfuhl was diagnosed at 10 centimeters dilated and placental abruption. Dr. Khouzami was first beeped at 0210 hours. Repeated efforts to reach Dr. Khouzami took place every 5 to 10 minutes until he called in at 0232 hours. During that phone call, Dr. Khouzami was advised that Ms. Pfuul was in preterm labor at 26 weeks. She had a known history of bicornuate uterus. An emergent cesarean section delivery was performed by Dr. Khoumazi at 0330 hours and Ms. Pfuhl delivered her daughter, Taylor Maher, a severely premature infant weighing 1 lb. 12 oz. at birth. Taylor Maher was diagnosed with multiple complications associated with her premature delivery. On or about October 14, 2001, Taylor Maher was transferred to Hershey Medical Center for patent ductus arteriosus ("PDA") repair surgery. Following the PDA surgical repair, Taylor Maher remained at Hershey Medical Center for several months for the management and treatment of the multiple complications associated with her premature delivery II. Legal Argument A. Plaintiffs Assert a Valid Claim against Central Pennsylvania Obstetrics-Gynecology, Inc. The seminal case allowing for corporate negligence claims against a hospital arose in the case of Thompson v. Nason Hospital, 527 Pa. 330, 591 A.2d 703 (1991). In Thompson, the Court stated, inter alia, as follows: Corporate negligence is a doctrine under which the hospital is liable if it fails to uphold the proper standard of care owed the patient, which is to ensure the patient's safety and well-being while at the hospital. This theory of liability creates a nondelegable duty which the hospital owes directly to a patient. Therefore, an injured party does not have to rely on and establish the negligence of a third party. Id. at 339, 591 A.2d at 707. In Defendants' Brief, it is claimed that the doctrine of corporate liability has not been extended to a physician's medical practice. Brief of Defendant, p.3. This is not correct. In the often cited case of Oven v. Pascucci, 46 Pa.D.&C.4th 506 (2000), The Honorable Terrence R. Nealon, Court of Common Pleas, Lackawanna County, Pa., denied the preliminary objections of the defendant practice group, Northeastern Eye Institute, Inc. finding that Plaintiff should have the opportunity via discovery to explore whether this defendant committed systematic negligence which caused Plaintiff's injuries. A copy of the Opinion from Oven is attached hereto as Exhibit "A". As part of its reasoning, the Court relied upon the decisions of various other Pennsylvania court which have also allowed for claims to proceed against a defendant doctor's practice group. Some of the cases relied upon by the Court include Risser v. Pepper, No. 470 S 1992, Court of Common Pleas, Dauphin County, Pa. (denying motion to dismiss corporate negligence claim against practice group); Patel v. Himalayan Int'l Inst. of Yoga Science and Philosphy, No. CV-94-1118, United States District Court for the Middle District of Pa. (Judge Vanaskie stating "Under these circumstances, function must prevail over form. The institute itself may be held liable for filing to uphold the proper standard of care owed its patients); Kaskie v. Wright, 589 A.2d 213 (Pa.Super. 1991) (stating that if a professional corporation does not satisfy its duty to retain and offer only competent medical personnel, an injured patient may recover from that corporation for negligence); Rivera v. Lawrence, No. 4325 Civil 1998, Court of Common Pleas, Monroe County, Pa (Judge Cheslock stating "[d]efendants created a professional corporation for the purpose of diagnosing and treating patients... Defendant's preliminary objections in the nature of a demurrer is dismissed).' Moving defendants also rely upon the case of Dowhouer v. Judson, No. 2548 S. 1997, Court of Common Pleas, Dauphin County for the proposition that the Court declined to extend a corporate negligence claim to a cardiovascular group. However, later that year, the same Court found that a different result was warranted in the case of Irvin v. Fierer, 49 Pa. D.&C.4th 225 (2000). A copy of this case is attached hereto as Exhibit "B". In Irvin, the Court found that the Plaintiff was a patient of the practice group KFKA for most of her health care needs and was required to have surgical procedures performed based on the evaluation of one of KFKA's physicians. Conversely, in Dowhouer, the Plaintiff was attempting to hold a surgical center responsible for care she received while she was a patient in a hospital. The present case is similar to that of Irvin. In the present case, Plaintiff was a patient of Defendants Jeffries and Kundu at their practice group, Central Pennsylvania Obstetrics-Gynecology, Inc. Plaintiff also had her appointments with these doctors at the offices of the practice group and this is where her medical care was given to her by these doctors. 'The theory of corporate negligence has also been permitted against nursing homes. See Capriotti v. Beverly Enterprises Pennsylvania Inc., 72 Pa. D. & CAth 564 (Fayette Cty 2004); Frantz v. HCR Manor Care Inc., 64 D.&C.4th 457 (Schuylkill Cty. 2003). Defendants reliance upon the case of Sutherland v. Monongahela Valley Hospital, 856 A.2d 55 (Pa. Super. 2004) is misplaced. In that case, which is similar to Dowhouer, Plaintiff underwent a surgical procedure by Defendant Dr. Alioto at defendant Monongahela Hospital. Following that procedure, Plaintiff began to experience complications. A verdict was entered in favor of Plaintiff, which was appealed by Dr. Alioto. In that appeal, Dr. Alioto argued that the practice group to which he was affiliated, B and B Orthopedic Associates, should have also been found liable on the theory of corporate negligence. The Court declined to extend the corporate negligence principles against the practice group to the case sub judice. Clearly, the Court's ruling was limited only to this case. III. Conclusion Based upon the foregoing, Plaintiffs respectfully request that this Court overrule Defendants George E. Jeffries, M.D., Sambhu N. Kundu, M.D. and Central Pennsylvania Obstetrics-Gynecology, Inc.'s preliminary objections. SHRAGER, SPIVEY & SACHS, P.C. By: Dated: /- (0 q Attorney for Plaintiffs VERIFICATION The undersigned counsel for Plaintiffs hereby states that the foregoing averments in the attached Answer to Preliminary Objections are true and correct to the best of his knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Steven y .'hung, Esquire CERTIFICATE OF SERVICE I hereby certify that on this 11 `h day of January, 2007 a true and correct copy of Plaintiffs' Answer to Defendants' Preliminary Objections was served via United States first-class mail, postage pre-paid, from Philadelphia to the following persons: Michael W. McGuckin Francis E. Marshall, Jr., Esquire Marshall, Dennehey, Warner Dickie, McCamey & Chilcote, P.C. Coleman & Goggin 1200 Camp Hill Bypass, Suite 205 4200 Crums Mill Road, Suite B Camp Hill, PA 17011-3700 Harrisburg, PA 17112 Patrick J. Stapleton, III, Esquire Michael A. Sosnowski, Esquire Patricia Haas Corll, Esquire McIntyre, Hartye & Schmitt Weber, Gallagher, Simpson, Stapleton, Fires & P.O. Box 533 Newby Hollidaysburg, PA 16648 800 No. 3`d Street, 2"d Floor Harriburg, PA 17102 Shrager, Spivey & Sachs Date: By: Chung, Esquire for Plaintiffs Page 1 1 of 1 DOCUMENT k Caution As of. Jan 04, 2007 Oven v. Pascucci no. 99-CV-5279 COMMON PLEAS COURT OF LACKAWANNA COUNTY, PENNSYLVANIA 2000 Pa. Dist. & Cnty. Dec. LExfS 270; 46 Pa. D. & C. 4th 506 June 9, 2000, Decided COUNSEL: [*1] James E. Colleran and David C. De- vine, for plaintiffs. David W. Saba and Lara J. Endler, for defendants Pas- cucci and Northeastern Eye Institute. William D. Longo, for defendant Cimochowski. JUDGES: NEALON, J. OPINION BY: NEALON, J. OPINION: [**508] NEALON, J, June 9, 2000 -- Defendant, Northeastern Eye Institute Inc., has filed preliminary objections seeking to dismiss Count IV of the complaint asserting a cause of action against NEI, based upon LASIK eye surgery performed at NEI by defendant, Stephen E. Pascucci M.D., and postoperative treatment provided by Dr. Pascucci and defendant, Joseph Cimo- chowski O.D. Since the complaint avers that NEI failed to properly maintain the surgical equipment used and neglected to implement appropriate protocols for LASIK procedures performed at its outpatient surgical facility, NEI may be corporately liable for systemic negligence. Furthermore, in light of the allegations that Dr. Pascucci and Dr. Cimochowski were employees and shareholders of NEI, that professional corporation may be held vicari- ously liable for the alleged negligence of those physi- cians. [**509] I. FACTUAL BACKGROUND In considering the merits of NEI's [*2] preliminary objections, the well-pleaded averments of the complaint must be accepted as true. Estate of Witthoeft v. Kiskad- don, 557 Pa. 340, 343 n.1, 733 A.2d 623, 624 n.l (1999). Plaintiff, Kathryn J. Oven, contends that her treating optometrist, Dr. Cimochowski, referred her to his fellow NEI employee, Dr. Pascucci, to undergo LASIK surgery for myopia. nl (See plaintiffs' complaint, PP 4-6.) Dr. Pascucci performed the LASIK procedure on April 13, 1998, at which time he allegedly "made an improper, shallow and thin cut" which caused "blurred vision" and "loss of clear vision" in Oven's right eye. (Id., PP 7-9.) nl Laser assisted in situ keratomileusis, LASIK, is a relatively new surgical procedure for correction of myopia (nearsightedness), hyper- opia (farsightedness) and astigmatism. During the LASIK procedure, after the surface of the eye has been anesthetized by eyedrops, a microkeratome is used to create a flap in the outer layer of the cornea which is folded back to allow an excimer laser access to the exposed corneal surface. Com- puter-controlled laser beams then remove thin layers of corneal tissue to reshape the curvature of the cornea so that visual images will focus di- rectly onto the retina, thereby improving visual acuity. The corneal flap is returned to its original position without utilizing sutures, and a protec- tive "bandage" contact lens is applied to prevent the eyelid from rubbing against the eye surface as the outer layer of cells regrow and the flap re- adheres. See generally, Lindstrom, R.L., "What Every General Practitioner Should Know About the Laser Vision Correction Revolution," Manag. Care Interface (October 1999); Waring, G.O., "Excimer in situ keratomileusis LASIK," Exci- 2000 Pa. Dist. & Cnty. Dec. LEXIS 270, *; 46 Pa. D. & CAth 506, ** mer Lasers in Ophthalmology: Principles and Practice, pp. 295-317 (Martin Dunitz 1997); Kremer, F.B., Dufek, M., Excimer Laser in Situ Keratomileusis," J. Refract. Surg., Vol. 11 (1995). [*3] Oven maintains that Dr. Pascucci attempted reme- dial surgery on June 12, 1998, and that during a postop- erative visit on June 15, 1998, Dr. Cimochowski negli- gently removed the bandage lens after four unsuccessful attempts. [**510] (Id., PP 12-13.) Oven avers that she has "experienced double and sometimes triple vision" as a result of the improper removal of her bandage lens and has been required to undergo additional surgeries in an effort to correct her vision problems. (Id., PP 15-16.) In Counts I and II of the complaint, Oven asserts claims against Dr. Pascucci for malpractice and lack of informed consent. Count III sets forth a cause of action against Dr. Cimochowski and alleges negligent postop- erative treatment. As to NEI, Count IV of the complaint states: "(26) The negligence and carelessness of Northeast- ern Eye Institute Inc., increasing the risk of harm and causing the aforementioned harm to Kathryn J. Oven, consisted of the following: "(a) failing to provide adequately trained personnel to provide care to its patients; "(b) failing to provide adequate and required equip- ment and medical devices for the safe performance of the LASIK surgical procedure; "(c) failing [*4] to provide adequate supervision of its employees and agents; "(d) failing to have policies and protocols in place controlling and governing the performance and timing of LASIK and other surgical procedures and the proper removal of bandage lens [sic]. "(27) Northeastern Eye Institute Inc. is responsible as a matter of law for the conduct of its agents and em- ployees, including [Dr. Pascucci and Dr. Cimochowski]." (Id., PP 26-27.) On February 7, 2000, NEI filed preliminary objec- tions seeking the dismissal of Count IV of the complaint on the grounds that "Pennsylvania law does not recog- nize a cause of action of corporate or independent negli- gence against a physician-owned and operated entity such as [**511] Northeastern Eye Institute Inc." (See defendant's preliminary objections, P 6.) Oven counters, without citation to any legal authority, that the theory of corporate liability does not include a "threshold require- ment that [NEI] must play a role in the total health care Page 2 of the patient before the medical provider is subject to tort liability." (See plaintiffs' memorandum of law, p. 7.) The parties have filed their respective memoranda of law, and following the completion [*5] of oral argument on May 31, 2000, this matter was submitted for a deci- sion. If. DISCUSSION (A) Standard of Review The core issue presented by a demurrer is whether on the facts averred, the law says with certainty that re- covery under the theory alleged is impossible. DeMary v. Latrobe Printing and Pub. Co., 2000 WL 10232, P 5 (Pa. Super. 2000). A demurrer admits all well-pleaded mate- rial facts set forth in the complaint, as well as all infer- ences reasonably deducible from those facts. Lowther v. Roxborough Memorial Hospital, 738 A. 2d 480, 489 (Pa. Super. 1999). However, the court need not accept the pleader's conclusions of law, unwarranted inferences from facts, opinions, or argumentative allegations. Wiernik v. PHH U.S. Mortgage Corp., 736 A. 2d 616, 619 (Pa. Super. 1999). To sustain a demurrer, it is essential that the com- plaint demonstrate on its face that the claim being ad- vanced cannot be sustained as a matter of law. PennDOT v. Wilkinsburg Penn Joint Water Authority, 740 A.2d 322, 324 (Pa. Commw. 1999). The novelty of a claim or theory in and of itself does not compel the affirmance of a demurrer. [**512] [*6] Denton v. Silver Stream Nursing & Rehabilitation Center, 739 A.2d 571, 575 (Pa. Super. 1999). Furthermore, if a doubt exists as to whether a demurrer should be sustained, that doubt should be resolved in favor of overruling the demurrer. Pacurariu v. Commonwealth, 744 A. 2d 389, 391 n. I (Pa. Commw. 2000). (B) Evolution of Corporate Liability As the character of hospitals changed from purely charitable institutions to largely commercial entities, those health care facilities experienced a corresponding transformation in their civil liability from complete im- munity, see Gable v. Sisters of St. Francis, 227 Pa. 254, 260-61, 75 A. 1087, 1089 (1910), to vicarious liability for the negligence of its own employees, see Tonsic v. Wagner, 458 Pa. 246, 253-54, 329 A.2d 497, 501 (1974), and ultimately to accountability for the malpractice of independent contractor physicians based upon a theory of ostensible or apparent agency. Capan v. Divine Provi- dence Hospital, 287 Pa. Super. 364, 368-69, 430 A.2d 647, 649-50 (1980); Gurevitz v. Piczon, 42 D.&C.4th 308, 316-17 (Lacka. Cty. 1999). In Thompson v. Nason Hospital, 527 Pa. 330, 591 A.2d 703 (1991), [*7] the Supreme Court of Pennsylvania further expanded the potential liability of hospitals by adopting the theory of 2000 Pa. Dist. & Cnty. Dec. LEXIS 270, *; 46 Pa. D. & C.4th 506, ** corporate liability which is based upon the systemic or institutional negligence of the hospital itself rather than the conduct of individual employees or physicians. To that end, the Thompson court recognized the following four duties with respect to a hospital: "(1) a duty to use reasonable care in the maintenance of safe and adequate facilities and equipment ...; (2) a duty to select and re- tain only competent physicians ...; (3) a duty to oversee all persons [**513] who practice medicine within its walls as to patient care ...; and (4) a duty to formulate, adopt and enforce adequate rules and policies to ensure quality care for the patients...." Id. at 339-40, 591 A.2d at 707. (citations omitted) Unlike vicarious liability for the torts of an actual or ostensible agent, corporate negligence is not dependent upon the malpractice of a third party such as a physician or nurse. Welsh v. Bulger, 548 Pa. 504, 513, 698 A.2d 581, 585 (1997); Moser v. Heistand, 545 Pa. 554, 558, 681 A.2d 1322, 1325 (1996). By [*8] way of illustration, a hospital may be liable to a patient who suffers harm due to a substandard protocol established by the hospital even though the physician may have acted appropriately by following or adhering to that institutional policy. See "Ockham's Scalpel: A Return to a Reasonableness Stan- dard," 43 Vill. L. Rev. 321, 356 (1998). Therefore, if an infection control committee of a hospital formulates a deficient procedure for changing intravenous catheter sites, Edwards v. Brandywine Hospital, 438 Pa. Super. 673, 685-86, 652 A.2d 1382, 1388 (1995), or a hospital permits a physician to perform surgery within its facility knowing that she is not qualified to perform the proce- dure, Welsh, supra, at 515-16, 698 A.2d at 586, an in- jured patient may recover damages for corporate negli- gence. In his dissenting opinion in Thompson, Justice Flaherty opined that "in adopting this new theory of li- ability, the majority is making a monumental and ill- advised change in the law of this Commonwealth." Id. at 343, 591 A.2d at 709 (Flaherty, J., dissenting). Advocat- ing a rejection of the principle of corporate negligence, Justice Flaherty [*9] remarked: [**514] "Further, in recognizing corporate liabil- ity,' there is no logical basis upon which to limit this ex- tension of liability to hospitals alone. Rather, all corpora- tions, regardless of their lines of business, will be assert- edly responsible for the torts of their independent con- tractors. Fearfully, such extensions of liability could well follow from the present decision." Id. at 344, 591 A.2d at 709 (Flaherty, J., dissenting). See also, Expansion of Hospital Liability Under the Doctrine of Corporate Neg- ligence: Thompson v. Nason Hospital, 527 Pa. 330, 591 A. 2d 703 (1991), 65 Temp. L. Rev. 787, 797 n.87 (1992). Although the Supreme Court of Pennsylvania has had occasion to discuss the doctrine of corporate negligence Page 3 in the context of a hospital, it has not yet addressed the extension of corporate liability to other health care facili- ties and providers. (C) Application of Corporate Liability to Entities Other Than Hospitals In the wake of Thompson, several trial courts have considered the viability of a systemic negligence claim against various types of health care organizations and providers. In Risser v. Pepper, no. 4720 S 1992 [*10] (Dauphin Cty. March 29, 1996), a patient who suffered nerve damage following jaw surgery sued the dentist who performed the procedure as well as the three-dentist partnership, Central Pennsylvania Oral Maxillofacial Surgeons, which owned the facility where the surgery was conducted. The patient contended that the dentist, Larry Pepper D.M.D., was not qualified to perform the surgical procedures at issue and that CPOMS was corpo- rately liable since it "knew or should have known that Dr. Pepper, was not competent to perform such proce- dures." Id. [**515] at p. 2. Writing on behalf of the court en banc, Dauphin County President Judge Kleinfel- ter denied the request to dismiss the corporate negligence claim and held: "Defendants herein argue that Thompson applies only to hospitals and that the theory of corporate liability announced in that case has not been expanded to profes- sional corporations providing medical care outside of the hospital setting. Yet that is exactly what is implied in Kaskie [v. Wright, 403 Pa. Super. 334, 589 A.2d 213 (1991)]. Furthermore, it is apparent to all that in this day of rapid changes in the delivery of health care that many [*I1] surgical procedures are being performed on an outpatient basis by various forms of medical groups,' clinics,' associations' and partnerships.' We are not pre- pared today to say as a matter of law that plaintiffs are barred in a negligence claim against CPOMS for liability for failing to hire or accept into partnership only those physicians who are competent either by board certifica- tion or experience." Id. at p. 4. In so holding, the Risser court expressly overruled an earlier holding of another three judge panel in Fire- stone v. Pepper, no. 1643 S 1988 (Dauphin Cty. Dec. 16, 1992). Risser, at n.3 ("we depart today from that languge in Firestone which suggested that a claim of corporate negligence is only applicable to hospitals. As we have stated above, Thompson v. Nason Hospital does not limit its holding to hospitals"). Similarly, in Patel v. Himalayan Intl Inst. of Yoga Science and Philosophy, no. CV-94-1118, Vanaskie, J. (M.D. Pa. Sept. 30, 1996), a participant in the holistic health program at the Himalayan Institute brought a per- sonal injury action against the institute and physicians affiliated with its "self-transformation program." Alleg- 2000 Pa. Dist. & Cnty. Dec. LEXIS 270, *; 46 Pa. D. & CAth 506, ** ing [*12] a "failure to provide competent holistic medi- cal services," [**516] the plaintiff advanced a Thomp- son claim against the institute. In denying the request to dismiss the cause of action for institutional liability, Chief U.S. District Judge Thomas I. Vanaskie reasoned: "The malpractice claim against the institute . . . stands on a different footing. There is no dispute that the requisite health care relationship existed between the institute and the plaintiff. The institute's argument that Thompson v. Nason Hospital, supra, which applied the doctrine of corporate negligence to a health care facility, is limited solely to hospitals, is without merit. In this case, there is no question that the institute held itself out as providing health care services. Under these circum- stances, function must prevail over form. The institute itself may be held liable for failing to uphold the proper standard of care owed its patient." Id. at pp. 40-41. Shortly thereafter, our neighboring court in Monroe County considered the merits of a corporate liability claim asserted against a physician-operated professional corporation. Rejecting the defense argument that corpo- rate [*13] negligence claims are confined to hospitals, Judge Jerome P. Cheslock stated: "In accordance with Thompson which extended cor- porate negligence to include that of a hospital, this court finds that extending corporate negligence to a profes- sional corporation like that of defendants' is justified. Defendants created a professional corporation for the purpose [of] diagnosing and treating patients. Plaintiffs may sustain a cause of action against defendants so long as they can show that defendants breached the duties enunciated in Thompson v. Nason Hospital. Therefore, defendants' preliminary objections in the nature of a de- murrer is dismissed." Rivera v. Lawrence, no. 4325 Civil 1998, Cheslock, J., at p. 7 (Monroe Cty. Oct. 9, [**517] 1998). Compare Remshifski v. Kraus, no. 1845 Civil 1992, Miller, J., at pp. 5-6 (Monroe Cty. Sept. 8, 1995) (granting medical professional corporation's summary judgment motion on the basis that corporate negligence "has not been extended to entities other than hospitals"). In contrast, in Milan v. American Vision Center, 34 F. Supp.2d 279 (E.D. Pa. 1998), a patient's corporate negligence claim against an optometrist's [*14] office, American Vision Center was summarily dismissed. Un- fortunately, the Milan decision does not indicate whether the litigation involved on-site surgery or noninvasive clinical treatment. Although the optometrist's office had argued that "the Pennsylvania doctrine of corporate neg- ligence established in Thompson applies only to hospi- tals, not to optometrist's offices," id. at 280, the Milan court initially observed "that Thompson concerned hospi- tals does not necessarily mean that the Pennsylvania Su- preme Court will not in the future extend the doctrine of Page 4 corporate liability to other health care organizations, or indeed (as Justice Flaherty feared), to all corporations." Id. at 281. Nevertheless, opining that an optometrist's office does not play a gatekeeping role in the care of patients, the federal district court "conclude[d] that the courts of Pennsylvania will, when faced with the issue, decline to recognize corporate negligence in the context of optometrist's offices." Id. at 282. However, rather than restrict the application of Thompson, the Superior Court of Pennsylvania has ex- panded the principle of [*15] corporate negligence to health care entities other than hospitals. In Shannon v. McNulty, 718 A. 2d 828 (Pa. Super. 1998), a health main- tenance organization had interjected itself into the medi- cal decisions and care of its subscribers by utilizing tri- age nurses to handle emergency telephone calls and thereafter direct the subscriber [**518] to an appropri- ate physician or hospital. The trial court rejected the plaintiffs contention that her HMO could be held corpo- rately liable for the premature delivery and subsequent death of her child, resulting from the failure of the triage nurse to immediately refer the plaintiff to a physician or hospital for a cervical examination and fetal stress test. In reversing the lower court ruling, the Superior Court found that "while these [HMO] providers do not practice medicine, they do involve themselves daily in decisions affecting their subscriber's medical care" such that they may "be held corporately liable for a breach of any of the Thompson duties which causes harm to its subscribers." Id. at 835-36. Despite the amplification of the corporate liability doctrine in Shannon, the Bradford County [*16] Court of Common Pleas later declined to apply the theory of corporate negligence to the Guthrie Clinic. See Johnson v. Wiseman, 3 Bradford 95, 97-98, 4-5 (1998). Three members of our own common pleas court have likewise concluded as a matter of law that the Penn State Geis- inger Clinic may not be held corporately liable since it is a primary care facility, not a comprehensive health care center. See Dibble v. Penn State Geisinger Clinic, 42 D.&C.4th 225 (1999); Brewer v. Penn State Geisinger Clinic, no. 98CV-733, Cottone, S.J., at p. 8 (Lacka. Cty. March 31, 2000); Hodle v. Fino, no. 99-CV-6006, Bar- rasse, J., at pp. 4-5 (Lacka. Cty. May 3, 2000) ("the mod- ern trend in Pennsylvania common pleas courts decisions is that the doctrine of corporate liability does not extend to clinics and doctors' groups"). Additionally, a subse- quent panel of the Dauphin County court has determined, albeit without any acknowledgment of President Judge Kleinfelter's contrary ruling in Risser, that "the corporate negligence doctrine has not been extended to entities [**519] other than hospitals" and reasoned "that this doctrine applies only to hospitals and not to physician practices [*17] like Cardiovascular Surgical Institute." 2000 Pa. Dist. & Cnty. Dec. LEXIS 270, *; 46 Pa. D. & CAth 506, ** Dowhouer v. Judson, no. 2548 S 1997, Lewis, J., at p. 6 (Dauph. Cty. March 10, 2000). More recently, the federal district court in Fox v. Horn, 2000 WL 49374 (E.D. Pa. 2000), expanded Thompson liability to a medical professional corporation. In that case, an inmate at the State Correctional Institute at Graterford sued certain doctors and Correction Physi- cian Services Inc., which had contracted to provide medical services at Graterford and had provided the phy- sicians in question. The inmate challenged the "CPS policies, or lack thereof, with regard to the medical treatment of inmates and the hiring of doctors," as well as "the adequacy of policies that CPS used to supervise [the attending physician]." Id. at * * 5-6. Relying upon the Shannon court's application of "corporate negligence in the health care context to HMOs," the district court predicted that corporate liability would be extended to a medical group such as CPS. Id. at * 8. See also, "Liabil- ity and Indemnity Issues for Integrated Delivery Sys- tems," 40 St. Louis U.L.J. 457, 462 (1996) (discussing corporate liability of a managed [*18] care entity for utilization review and cost containment management resulting in harm to a patient). (D) Outpatient Surgical Facilities The LASIK procedure is performed on-site at NEI's surgical facility with equipment that Oven contends was not properly provided and maintained by NEI. (See plaintiffs' complaint, P 26(b).) As identified in the com- plaint, the NEI operation is similar in some respects to a free-standing [**520] surgical outpatient facility, FSOF, which historically has been distinguished from a private practice office. See e.g., Birth Control Centers Inc. v. Reizen, 508 F. Supp. 1366, 1385 n.29 (E.D. Mich. 1981). Based upon Oven's allegations, it is conceivable that NEI violated the first duty articulated in Thompson by neglecting to properly calibrate and maintain the suc- tion ring, microkeratome or excimer laser used during Oven's LASIK procedure, as a result of which an im- proper "shallow and thin cut" was made. Additionally, Oven submits that NEI failed to retain adequately trained personnel to perform the procedure and neglected to implement appropriate protocols for LASIK surgery and post-operative treatment. Even prior to the advent [*19] of corporate liability, Pennsylvania courts recognized that hospitals and professional corpo- rations have a duty to monitor the competency of their health care professionals. For example, in Kaskie v. Wright, 403 Pa. Super. 334, 589 A.2d 213 (1991), alloc. denied, 529 Pa. 634, 600 A.2d 954 (1991), a patient at- tempted to assert a claim for lack of informed consent against a physician who allegedly was an alcoholic and unlicensed to practice medicine in Pennsylvania. On ap- peal, the Superior Court affirmed the dismissal of the Page 5 case on the basis of the expiration of the statute of limita- tions and the inapplicability of the informed consent doc- trine to information involving the physician himself rather than the surgical procedure at issue. n2 In so hold- ing, the Kaskie court expressly stated: n2 The Superior Court of Pennsylvania sub- sequently clarified Kaskie and held that if the pa- tient specifically questions the surgeon concern- ing his "competence, experience and expertise" and the surgeon "when answering [the] patient's inquiries, misinforms the patient ... and misleads the patient into believing that the hands of an ex- perienced surgeon will be performing the opera- tion," the surgeon "does not have the true consent of that patient" and may be "subject to a claim of lack of informed consent." Duttry v. Patterson, 741 A.2d 199, 201-202 (Pa. Super. 1999). [*20] [**521] "Matters such as personal weaknesses and professional credentials of those who provide health care are the responsibility of the hospitals employing them, the professional corporations who offer their services, or the associations which are charged with oversight. Their failure to fulfill their obligations in this regard becomes a matter of negligence, and it is from them that recovery must be sought." Id. at 341, 589 A.2d at 217. (emphasis added) Thus, irrespective of the applicability of Thompson liability to medical groups, the foregoing language from Kaskie reflects that a professional corporation such as NEI has long been legally responsible for monitoring and evaluating the competency of health care professionals who practice there. Kaskie clearly states that if a profes- sional corporation does not satisfy its duty to retain and offer only competent medical personnel, an injured pa- tient may recover from that corporation for negligence. Consequently, the second duty identified in Thompson would likewise be applicable to the case sub judice based upon the averments of Oven's complaint. A person may not be a suitable candidate for LASIK surgery [*21] depending upon the patient's degree of refractive error, pupil size, corneal curvature and thick- ness, and other preexisting medical conditions. See e.g., Waring, G.O., "Excimer Laser in Situ Keratomileusis Under a Corneal Flap for Myopia of 2 To 20 Diopters," Am. J. Ophthalmol., 121:143-55 (1996); Marinho, A., "LASIK for High Myopia: One Year Experience," Oph- thalmic [**522] Surg. Lasers, 27 (Suppl) (1996). Grant- ing Oven all reasonable inferences deducible from her allegations, see Main Line Health Inc. v. CAT Fund, 748 A.2d 66, 69 n.13 (Pa. Commw. 1999), the thickness of 2000 Pa. Dist. & Cnty. Dec. LEXIS 270, *; 46 Pa. D. & CAth 506, ** her cornea or the presence of other factors arguably may have contributed to "an improper, shallow and thin cut" being made, as alleged in the complaint. However, the LASIK surgery protocols and eligibility criteria that were allegedly promulgated by NEI may have enabled Dr. Pascucci to perform the procedure and Dr. Cimochowski to remove the protective bandage lens when it was not appropriate to do so. If the attending physicians merely followed NEI policies by the manner in which they oper- ated on Oven and treated her postoperatively, liability could be imposed upon NEI based upon the fourth [*22] duty recognized in Thompson. The averments of the complaint suggest that NEI is a separate entity with a distinct identity which offers outpatient surgery at its corporate facility. Pennsylvania courts have been more inclined to extend Thompson li- ability to professional corporations which own and oper- ate enterprises where on-site surgery is performed. See e.g., Risser, supra (jaw surgery). Compare Dibble, supra (corporate negligence claim rejected in a malpractice action alleging failure to diagnose cancer rather than operative treatment). Since a demurrer may only be granted in cases where it is clear and free from doubt that the pleader cannot recover, and all doubts must be re- solved in favor of denying the preliminary objections, see Edwards v. Germantown Hospital, 736 A.2d 612, 614 (Pa. Super. 1999), Oven's corporate liability claim will survive the pleadings stage of this litigation. Accordingly, Oven will be afforded the opportunity to explore via discovery whether NEI has committed [**523] systemic negligence which caused Oven's unfa- vorable outcome. If the parties' pretrial investigation does not establish corporate negligence by NEI which [*23] increased the risk of harm to Oven, NEI may re- visit the viability of Oven's corporate liability claim by filing a motion for summary judgment. In the interim, the Page 6 preliminary objections seeking to dismiss Count IV of the complaint will be denied. (E) Vicarious Liability of NEI Even if NEI cannot be held corporately negligent, its preliminary objections should be denied since NEI may nonetheless be vicariously liable for the actions of Dr. Pascucci and Dr. Cimochowski. In the complaint, Oven avers that Dr. Pascucci and Dr. Cimochowski were shareholders and agents of NEI. As such, NEI may be held accountable for their alleged negligence based upon the principle of respondeat superior. Sinclair by Sinclair v. Block, 406 Pa. Super. 540, 558 n.20, 594 A.2d 750, 760 n.20 (1991), modified on other grounds, 534 Pa. 563, 633 A.2d 1137 (1994) (a professional corporation is liable for any malpractice committed by its officers, shareholders or agents while they are rendering profes- sional services). See also, Grubb v. Albert Einstein Medi- cal Center, 255 Pa. Super. 381, 397, 387 A.2d 480, 488 (1978) (members of a medical partnership may be [*24] held liable for torts committed by a co-partner acting within the scope of the partnership's business). Hence, NEI's demurrer will likewise be denied on the grounds that NEI may be held vicariously liable. ORDER And now, June 9, 2000, upon consideration of the preliminary objections of defendant, Northeastern Eye Institute [**524] Inc., seeking to dismiss Count IV of the complaint, the memoranda of law submitted by the parties and the oral argument of counsel on May 1, 2000, it is hereby ORDERED and DECREED that: 1. The preliminary objections of defendant, North- eastern Eye Institute Inc., are DENIED; and 2. Within 20 days of the date of this order, defen- dant, Northeastern Eye Institute Inc., shall file a respon- sive pleading to the complaint. Page 1 LEXSEE 49 PA. D. & OATH 225 TJ Cited As of, Jan 04, 2007 Irvin v. Fierer no. 413 S 2000 COMMON PLEAS COURT OF DAUPHIN COUNTY, PENNSYLVANIA 2000 Pa. Dist. & Cnty. Dec. LEWIS 123; 49 Pa. D. & C. 4th 225 September 13, 2000, Decided COUNSEL: [*I] Robin J Marzella, for plaintiff. Sarah W. Arosell, for defendants. JUDGES: BEFORE LEWIS, KLEINFELTER, AND CHERRY, JJ. OPINION BY: LEWIS, J. OPINION: [**226] BEFORE KLEINFELTER, LEWIS, AND CHERRY, JJ. LEWIS, J, September 13, 2000 -- In this action, plaintiff seeks to hold liable a physician practice under the corporate negligence doctrine and requests that puni- tive damages be awarded. The facts of this case indicate that decedent Marie Brown had a medical history which included chronic asthma and chronic obstructive pulmo- nary disease. Plaintiff claims that Ms. Brown had been a patient of defendant Kandra Fierer & Kuskin Associates Ltd. for the rest of her health care needs. KFKA is an incorporated medical organization with an office in Har- risburg. In the spring of 1999, when Ms. Brown had devel- oped a continuous cough and after she had been evalu- ated by a specialist, Dr. Fierer of KFKA recommended that she undergo a colonoscopy and an esophagogastro- duodenoscope (EGD) in order to assess her digestive tract. Dr. Fierer is a physician licensed to, and engaged in, the practice of internal and family medicine at KFKA. Plaintiff avers that at the time Ms. Brown was evaluated for [*2] her persistent cough at KFKA, she was at an increased risk of respiratory distress. However, plaintiff claims that defendants decided to continue with the scheduled procedures. [**227] Ms. Brown was taken to KFKA for the EGD and colonoscopy on the morning of May 14, 1999. Plaintiff avers that the drug Versed was used as the anes- thetic for the performance of the aforementioned proce- dures. Plaintiff maintains that Versed carries a high risk of pulmonary arrest in an already compromised patient. Plaintiff advises that this type of anesthesia has a strong central nervous system depressant effect which, if not properly monitored, can cause respiratory depression and ultimately respiratory failure. Plaintiff further asserts that during the procedures, the appropriate equipment and personnel to monitor Ms. Brown's heart and respiration was not employed because the medical records indicate that no one other than Dr. Fierer was present to oversee her vital signs. Plaintiff claims that Dr. Fierer performed the EGD first and the colonoscopy second. Plaintiff additionally claims that it was not discovered until the conclusion of the procedures that Ms. Brown ceased breathing and had been [*3] without oxygen for a period of time. Plaintiff maintains that when it was first discovered that Ms. Brown was not breathing, she had neither a pulse nor a heartbeat. Attempts at resuscitation were initiated as Dr. Fierer administered CPR and an ambulance was sum- moned. Ms. Brown was transported to Community Gen- eral Osteopathic Hospital where she was pronounced dead at 12:10 p.m. on May 14, 1999. Plaintiff initiated this suit on behalf of the estate of Marie Brown against Dr. Fierer and against KFKA by filing a complaint on February 2, 2000. Thereafter, de- fendants filed preliminary objections as to plaintiffs claim for punitive damages and as to plaintiffs allega- 2000 Pa. Dist. & Cnty. Dec. LEXIS 123, *; 49 Pa. D. & CAth 225, ** tions [**228] of corporate negligence against KFKA. Argument was held before a panel of this court on June 15, 2000. For the reasons set forth below, defendants' preliminary objections are denied. We note that although defendants' preliminary ob- jections have been characterized as motions to strike, their objections are actually in the nature of a demurrer. The standard for the disposition of a demurrer is well- settled. "Since sustaining the demurrer results in a denial of the pleader's claim or dismissal of his suit, [*4] a pre- liminary objection in the nature of a demurrer should be sustained only in cases that clearly and without a doubt fail to state a claim for which relief may be granted... If the facts as pleaded state a claim for which relief may be granted under any theory of law then there is sufficient doubt to require the preliminary objection in the nature of a demurrer to be rejected..." Willet v. Pa. Medical Ca- tastrophe Loss Fund, 549 Pa. 613, 619, 702 A.2d 850, 853 (1997). CORPORATE NEGLIGENCE Recently, another panel of this court addressed the issue of corporate negligence in the case of Dowhouer v. Judson, 45 D.&C.4th 172 (Dauphin Cty. 2000). In that opinion filed on March 10, 2000, the panel analyzed the doctrine of corporate negligence and its application in this Commonwealth, beginning with the standard as set forth in the case of Thompson v. Nason Hospital. "In Thompson v. Nason Hospital, 527 Pa. 330, 591 A.2d 703 (1991), the Pennsylvania Supreme Court, in establishing the doctrine of corporate negligence as it relates to hospital liability, identified four factors that a [**229] plaintiff must establish to show that a hospital breached [*5] its duty. The factors are: (1) the hospital's duty to use reasonable cue in the maintenance of safe and adequate facilities and equipment; (2) the hospital's duty to select and retain only competent physicians; (3) the hospital's duty to oversee all persons who practice medi- cine within its walls as to patient care; and (4) the hospi- tal's duty to formally adopt and enforce adequate rules and policies to ensure quality care for its patients. Id. at 339-40, 591 A.2d at 707. The Thompson court held that 'the corporate hospital's role in the total health care of its patients' required that hospitals be held to a standard of care separate and apart from the standard of care im- posed upon physicians. Id. at 341, 591 A.2d at 708. The Thompson court also noted that for a hospital to be di- rectly liable to a patient, the hospital must have actual or constructive knowledge of the defect or procedure that caused the harm. Id." Dowhouer. 45 D.&C.4th at 178. This court in Dowhouer refused to extend the corpo- rate negligence doctrine to physician practices. We based Page 2 our analysis on several cases, beginning with Remshifski v. Kraus, 1845 Civil [*6] 1992, Monroe County, Sep- tember 8, 1995, the only published common pleas opin- ion prior to Dowhouer that tackled this issue. Remshifski, on a summary judgment motion, applied Thompson and declined to allow corporate negligence liability against entities other than hospitals. We then reviewed the cases of Milan v. American Vision Center, 34 F. Supp.2d 279 (E.D. Pa. 1998), (hold- ing that corporate negligence should not be extended to optometrists' offices), and Shannon v. McNulty, 718 A. 2d 828 (Pa. Super. 1998), (finding that corporate liability [**230] duties should "be applied to an HMO when that HMO is performing the same or similar functions as a hospital."). The opinions in both of these cases examined Thompson and discussed the entity's role in the total health care of its patients. Applying the rationales set forth in each of the above cases, this court in Dowhouer held that the plaintiffs claims did not impose a corporate negligence-type duty on the defendant physician prac- tice, an entity devoted exclusively to the practice of car- diovascular surgery. Because this court did not find that the defendants' role in that action [*7] was to deliver total health care to its patients as intended under Thomp- son, we declined to extend the doctrine of corporate neg- ligence to that kind of specialty practice. Dowhouer, 45 D.&C.4th at 180-81. In the case sub judice, however, this court finds that a different result is warranted. The facts in the instant case are clearly distinguishable from the facts in Dow- houer. In Dowhouer, the plaintiff was attempting to hold a surgical center responsible for care she received while she was a patient in a hospital. However, in the current case, Ms. Brown was a patient of KFKA for most of her health care needs and was required to have surgical pro- cedures performed based on the evaluation of one of KFKA's physicians. Ms. Brown was not admitted into a traditional hospital to undergo these surgical operations. Instead, Ms. Brown's EGD and colonoscopy were con- ducted at KFKA's offices. Plaintiff effectively argues to this court that because the corporate entity KFKA made a conscious decision to expand its role as not just an office that practiced internal medicine but a facility that now provides many surgical and invasive procures, KFKA must be held accountable [**231] [*8] for the negligent acts which take place during such operations. Plaintiff contends that because of this elective expansion, KFKA is responsible to assure the presence of appropriate equipment, monitoring de- vices and personnel as is required in a traditional hospital setting under the corporate negligence doctrine. Further, this court notes that KFKA's authorization of the use of the supposedly dangerous drug Versed 2000 Pa. Dist. & Cnty. Dec. LEMS 123, *; 49 Pa. D. & CAth 225, ** without the immediate availability of oxygen, the imme- diate availability of resuscitative drugs and equipment, the immediate availability of equipment for ventilation and incubation or the availability of equipment for the continuous monitoring of respiratory distress and skilled personnel for such monitoring are all courses of conduct which, as plaintiffs complaint alleges, may suggest cor- porate liability. At this early stage in the proceedings when discovery has not been completed and expert re- ports have not been produced, this court agrees. There- fore, this court will allow plaintiff to proceed with its corporate negligence claim against KFKA due to the significant control exercised by the corporation over Ms. Brown's total health care needs as alleged in plaintiffs [*9] complaint. (See Fox v. Horn, no. 98-5279, 2000 US. Dist. Lexis 432, E.D. Pa., January 21, 2000, which allowed a corporate liability claim against defendant Corrections Physicians Services Inc. to advance based on its contractual health care and treatment over inmates.) PUNITIVE DAMAGES Next, defendants claim that plaintiff has not set forth sufficient factual allegations in her complaint to proceed with a claim for punitive damages. We disagree. The law [**232] in Pennsylvania regarding punitive damages is that they are only available in extremely limited circum- stances. The Pennsylvania Supreme Court has held that punitive damages may not be awarded for misconduct Page 3 which constitutes ordinary negligence, such as inadver- tence, mistakes or errors in judgment. Martin v. Johns- Manville Corp., 508 Pa. 154, 170, 494 A.2d 1088, 1097 (1985); McDaniel v. Merck, Sharp and Dohme, 367 Pa. Super. 600, 623, 533 A.2d 436, 447 (1987), appeal de- nied, 520 Pa. 589, 551 A.2d 215 (1987). Since punitive damages are meant as a deterrent, they are only proper for outrageous conduct, done with bad motive or reckless indifference to the [*10] interest of others. Martin, 508 Pa. at 170, 494 A.2d at 1097. In determining whether punitive damages are appropriate, the defendant's state of mind is vital, and there must be an appreciation of the risk and the failure to act must be intentional, reckless or malicious. Feld v. Merriam, 506 Pa. 383, 395, 485 A. 2d 742, 748 (1984). Plaintiff Irvin, in the matter currently before this court, has made allegations, that, if proven, may consti- tute outrageous conduct and support a claim for punitive damages. With discovery not yet complete, it is far too early for this court to decide whether or not plaintiff may pursue her claim for punitive damages. Accordingly the following is entered: ORDER And now, September 13, 2000, it is hereby ordered that defendants' preliminary objections are denied. r-) rr,j 'V ti t ham-.. fV4i COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, No. 06 - 6421 ISSUE: ANSWER AND NEW MATTER TO PLAINTIFFS' COMPLAINT Plaintiffs vs. Filed on behalf of Defendant, CONEMAUGH HEALTH SYSTEM, INC. and CONEMAUGH OB GYN ASSOCIATES GEORGE E. JEFFERIES, M.D., KUNDU N. SAMBHU, M.D., CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC., ADIB NAJIB KHOUZAMI, M.D., CONEMAUGH OB GYN ASSOCIATES, CONEMAUGH HEALTH SYSTEM, INC., and CONEMAUGH MEMORIAL MEDICAL CENTER, Counsel of Record: Michael A. Sosnowski, Esquire PA I.D. #67207 McINTYRE, HARTYE & SCHMITT P.O. Box 533 Hollidaysburg, PA 16648 (814) 696-3581 Defendants JURY TRIAL DEMANDED I HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF THE WITHIN WAS MAILED TO ALL COUNSEL OF RECORD THIS 22"d DAY OF January, 2007. Attorneys for Named Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TAYLOR MAHER, a minor, by and through No. 06 - 6421 JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs vs. GEORGE E. JEFFERIES, M.D., KUNDU N. SAMBHU, M.D., CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC., ADIB NAJIB KHOUZAMI, M.D., CONEMAUGH OB GYN ASSOCIATES, CONEMAUGH HEALTH SYSTEM, INC., and CONEMAUGH MEMORIAL MEDICAL CENTER, Defendants JURY TRIAL DEMANDED ANSWER AND NEW MATTER TO PLAINTIFFS' COMPLAINT Defendants, CONEMAUGH HEALTH SYSTEM, INC., and CONEMAUGH OB GYN ASSOCIATES (collectively "Conemaugh" except where otherwise indicated), through their counsel, McINTYRE, HARTYE & SCHMITT, file the following Answer and New Matter to Plaintiffs' Complaint. After reasonable investigation, Conemaugh is without sufficient knowledge or information to admit or deny the averments of paragraph 1. Accordingly, they are deemed denied and strict proof thereof is demanded at the time of trial. 2-8. The averments of paragraphs 2 through 8 are directed to parties other than Conemaugh, and no response is required accordingly. To the extent a response is deemed necessary, after reasonable investigation, Conemaugh is without sufficient knowledge or information to admit or deny these averments. 9-10. The averments contained in paragraphs 9 and 10 are directed to another party about which Conemaugh has knowledge, but who is represented separately by other counsel. Accordingly, responses to these paragraphs are deferred to Dr. Khouzami and his counsel. 11. The averments of paragraph 11 are denied as stated. By way of further response, it is averred that Conemaugh OB GYN Associates was, at the time in question, merely a department of Conemaugh Health Initiatives, the physician practice group of Conemaugh Health System, and not a separate entity. 12. The averments of paragraph 12 are denied. The response contained in paragraph 11 is incorporated by reference. Additionally, at the time in question, Dr. Khouzami was an employee of Conemaugh Memorial Medical Center. 13. The averments of paragraph 13 consist of conclusions of law to which no response is required. To the extent a response is deemed necessary, it is denied that Dr. Khouzami was an agent, servant or employee of Conemaugh OB GYN Associates, and the responses in paragraphs 11 and 12 are incorporated by reference. With respect to other averments of agency in this paragraph, Conemaugh cannot admit or deny these averments since no individuals are identified. Accordingly, these averments are denied and strict proof thereof is demanded at the time of trial. Finally, it should be noted that none of the treatment complained of occurred in the outpatient OB setting. 14. The averments of paragraph 14 are admitted. 15. As to the averments of paragraph 15, Conemaugh Health System is unclear what is meant by Conemaugh being "a full service medical care institution". By way of further response, Conemaugh Health System is not a medical care provider, nor was it at the time in question. However, Conemaugh Memorial Medical Center was a medical facility able to manage obstetrical matters. Further answer in this regard will be deferred to Dr. Khouzami and Conemaugh Memorial Medical Center. 16-20. The averments in paragraphs 16 through 20 are directed to other parties. Although Conemaugh may have some information pertaining to these parties, they are separately represented by counsel. Formal response to these averments is deferred to those parties. However, by way of additional response, it is again denied that Conemaugh Health System is, or was, a "medical provider". 21-27. Conemaugh is without knowledge or information pertaining to paragraphs 21 through 27. Accordingly, these averments are deemed denied and strict proof thereof is demanded at the time of trial. 28-33. With respect to the averments contained in paragraphs 28 through 33, Conemaugh does not have access to any information responsive to these averments beyond that which may be contained in the medical records of Conemaugh Memorial Medical Center for the dates in question. To the extent these averments are absolutely consistent with those records, they are admitted. To the extent they are in anyway inconsistent with said records, or reflect an incomplete or out of context reference, they are denied. 34. After reasonable investigation, Conemaugh is without knowledge or information sufficient to admit or deny the averments of paragraph 34. Accordingly, they are deemed denied and strict proof thereof is demanded at the time of trial. COUNTI Plaintiff v. Georne E. Jeffries, M.D. 35. The responses contained in paragraphs 1 through 34 are incorporated herein by reference as if set forth at length. 36-42. The averments contained in paragraphs 36 through 42, including all subparagraphs, are directed to another party. Accordingly, no response is required from Conemaugh. WHEREFORE, Defendants, Conemaugh Health System, Inc. and Conemaugh OB GYN Associates, deny that they are liable to any party and demand judgment in their favor and that this matter be dismissed with prejudice. COUNT II Plaintiff v. Kundu N. Sambhu, M.D. 43. The responses contained in paragraphs 1 through 42 are incorporated herein by reference as if set forth at length. 44-50. The averments of paragraphs 44 through 50, including all subparagraphs contained therein, are directed to another party. Accordingly, no response is required from Conemaugh. WHEREFORE, Defendants, Conemaugh Health System, Inc. and Conemaugh OB GYN Associates, deny that they are liable to any party and demand judgment in their favor and that this matter be dismissed with prejudice. COUNT III Plaintiff v. Central Pa. Ob-Gyn 51. The responses contained in paragraphs 1 through 50 are incorporated herein by reference as if set forth at length. 52-58. The averments of paragraphs 52 through 58, including all subparagraphs contained therein, are directed to another party. Accordingly, no response is required from Conemaugh. WHEREFORE, Defendants, Conemaugh Health System, Inc. and Conemaugh OB GYN Associates, deny that they are liable to any party and demand judgment in their favor and that this matter be dismissed with prejudice. COUNT IV Plaintiff v. Adib Naiib Khouzami. M.D. 59. The responses contained in paragraphs 1 through 58 are incorporated herein by reference as if set forth at length. 60-66. The averments of paragraphs 60 through 66 are directed to another party. Accordingly, no response is required from Conemaugh. To the extent a response may be deemed necessary to these averments, they are generally denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendants, Conemaugh Health System, Inc. and Conemaugh OB GYN Associates, deny that they are liable to any party and demand judgment in their favor and that this matter be dismissed with prejudice. COUNT V Plaintiff v. Conemaunh OB GYN Associates 67. The responses contained in paragraphs 1 through 66 are incorporated herein by reference as if set forth at length. 68-74. The averments contained in paragraphs 68 through 74, including all sub- paragraphs contained therein, are generally denied pursuant to Pa. R.C.P. 1029(e). Additionally, the responses contained in paragraphs are directed to another party. Accordingly, no response is required from Conemaugh. To the extent a response may be deemed necessary, these averments are generally denied pursuant to Pa. R.C.P. 1029(e). Additionally, the responses contained in paragraphs 11 to 13 are incorporated by reference. As has been set forth earlier, it is averred that Conemaugh OB GYN Associates is not an independent entity, but merely a named department of Conemaugh Health Initiatives, the physician practice group of Conemaugh Health System. WHEREFORE, Defendants, Conemaugh Health System, Inc. and Conemaugh OB GYN Associates, deny that they are liable to any party and demand judgment in their favor and that this matter be dismissed with prejudice. COUNT VI Plaintiff v. Conemaugh Health System. Inc. 75. The responses contained in paragraphs 1 through 74 are incorporated herein by reference as if set forth at length. 76. The averments of paragraph 76, including all subparagraphs contained therein, are generally denied pursuant to Pa. R.C.P. 1029(e). Additionally, Conemaugh cannot specifically respond to the general averments made regarding agents, servants and/or employees insofar as those individuals are not named. Finally, as indicated previously, Conemaugh Health System is not, nor was it at the time in question, a health care provider or facility. 77-82. The averments of paragraphs 77 through 82 are generally denied pursuant to Pa. R.C.P. 1029(e). By way of further response, the response contained in paragraph 76 is incorporated by reference. WHEREFORE, Defendants, Conemaugh Health System, Inc. and Conemaugh OB GYN Associates, deny that they are liable to any party and demand judgment in their favor and that this matter be dismissed with prejudice. COUNT VII Plaintiff v. Conemauah Memorial Medical Center 83. The responses contained in paragraphs 1 through 82 are incorporated herein by reference as if set forth at length. 84-90. The averments of paragraphs 84 through 90, including all subparagraphs contained therein, are directed to another party. Accordingly, no response is required from these Conemaugh parties. To the extent a response may be deemed necessary, these averments are generally denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendants, Conemaugh Health System, Inc. and Conemaugh OB GYN Associates, deny that they are liable to any party and demand judgment in their favor and that this matter be dismissed with prejudice. NEW MATTER The events giving rise to these claims occurred in September, 2001. 2. This action was initiated through the filing of a Complaint on November 3, 2006. 3. In light of the passage of more than five years between the events giving rise to this case and the date the lawsuit was initiated, the applicable statute of limitations is pled as a bar to some or all of plaintiffs' claims. 4. All injuries and damages sustained by the minor-plaintiff are the direct, sole and proximate result of her own medical conditions and/or medical conditions or behavior of her mother and not as a result of any violation in the applicable standards of care. 5. Conemaugh affirmatively pleads all bars, rights and limitations available pursuant to the Healthcare Services Malpractice Act, 40 P.S. §1301.103, et seq. 6. To the extent it may be applicable, Conemaugh pleads all bars, rights, and limitations available through the Medical Care Availability and Reduction of Error (M CARE) Act, 40 P. S. §1300, et seq. WHEREFORE, Defendants, Conemaugh Health System, Inc. and Conemaugh OB GYN Associates, deny that they are liable to any party and demand judgment in their favor and that this matter be dismissed with prejudice. Respectfully submitted, McINTYRE, HARTYE & SCHMITT By a ?. Attorneys for Defendant, CONEMAUGH HEALTH SYSTEM, INC. Michael A. Sosnowski, Esquire PA I.D. #67207 P.O. Box 533 Hollidaysburg, PA 16648 (814) 696-3581 TO: ALL PARTIES YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Attorneys for Named Defendant CHA 060 MH VERIFICATION I, KAREN LOEFFLER, am the representative of the CONEMAUGH HEALTH SYSTEM, INC. and CONEMAUGH OB GYN ASSOCIATES designated to execute verifications in this matter. In that capacity I am represented by counsel. I have furnished to my counsel factual information upon which the foregoing ANSWER AND NEW MATTER TO PLAINTIFFS' COMPLAINT is based. To the extent that it is based on the factual information provided to counsel, I verify that those facts are true and correct to the best of my knowledge, information and belief. However, the language is that of counsel and, to the extent that it goes beyond the factual information which I have provided to counsel, I have relied upon counsel in making this verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. CONEMAUGH HEALTH SYSTEM, INC. and CONEMAUGH OB GYN ASSOCIATES Karen Loeffler Date: 1 / (-o 7 c? c k -G COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TAYLOR MAHER, a minor, by and through No. 06 - 6421 JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs vs. GEORGE E. JEFFERIES, M.D., KUNDU N. SAMBHU, M.D., CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC., ADIB NAJIB KHOUZAMI, M.D., CONEMAUGH OB GYN ASSOCIATES, CONEMAUGH HEALTH SYSTEM, INC., and CONEMAUGH MEMORIAL MEDICAL CENTER, Defendants : JURY TRIAL DEMANDED PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO: PROTHONOTARY Kindly withdraw the Appearance of Michael A. Sosnowski, Esquire, and the law firm of McINTYRE, HARTYE & SCHMITT on behalf of Defendant, Conemaugh Memorial Medical Center, in the above-captioned case due to the entry of Appearance filed on behalf of Defendant, Conemaugh Memorial Medical Center, by Francis E. Marshall, Jr., Esquire and the law firm of Dickie, McCamey & Chilcote. McINTYRE, HARTYE & SCHMITT \ ?. c By Attorneys for efendant, CONEMAUGH HEALTH SYSTEM, INC. Michael A. Sosnowski, Esquire PA I.D. #67207 P.O. Box 533 Hollidaysburg, PA 16648 (814) 696-3581 t , COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TAYLOR MAHER, a minor, by and through No. 06 - 6421 JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs vs. GEORGE E. JEFFERIES, M.D., KUNDU N. SAMBHU, M.D., CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC., ADIB NAJIB KHOUZAMI, M.D., CONEMAUGH OB GYN ASSOCIATES, CONEMAUGH HEALTH SYSTEM, INC., and CONEMAUGH MEMORIAL MEDICAL CENTER, Defendants : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO: PROTHONOTARY Kindly enter the Appearance of Francis E. Marshall, Jr., Esquire and the law firm of Dickie, McCamey & Chilcote, on behalf of Defendant, Conemaugh Memorial Medical Center, in the above-captioned case. DICKIE, McCAMEY & CHILCOTE BY Attorn for Defendant, CONE AUGH MEMORIAL MEDICAL CENTER Francis E. Marshall, Jr., Esquire PA I.D. # 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 717/731-4800 93830 CERTIFICATE OF SERVICE AND NOW, January 26, 2007, I, Francis E. Marshall, Jr., Esquire, hereby certify that I did serve a true and correct copy of the foregoing Withdrawal of Appearance and Entry of Appearance 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: Steven L. Chung, Esquire SHRAGER, SPIVEY & SACHS Two Commerce Square, 32nd Floor 2001 Market Street Philadelphia, PA 19103 (Counsel for Plaintiff) Michael W. McGuckin, Esquire MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Counsel for George E. Jefferies, M.D., Kundu N. Sambhu, M.D. and Central Pennsylvania Obstetrics-Gynecology, Inc.) Michael A. Sosnowski, Esquire MCINTYRE, HARTYE & SCHMITT P.O. Box 533 Hollidaysburg, PA 16648 (Counsel for Conemaugh OB GYN Associates, Conemaugh Health System, Inc.) Patricia Haas Corll, Esquire WEBER GALLAGHER SIMPSON STAPLETON, FIRES AND NEWBY, LLP 800 North 3rd Street, 2nd Floor Harrisburg, PA 17102 (Counsel for Adib Najib Khouzami, M.D.) Date: January 26, 2007 Franci . Marshall, 11, Esquire 1yZ?::? 30 .{ n Shrager, Spivey & Sachs By: Wayne R. Spivey, Esquire/Steven L. Chung, Esquire Identification Numbers: 31017/78834 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs VS. GEORGE E. JEFFERIES, M.D.; KUNDU N. SAMBHU, M.D.; CENTRAL PENNSYLVANIA OBSTETRICS- : No.: 06-6421 Civil Term CUMBERLAND COUNTY COURT OF COMMONPLEAS : JURY TRIAL DEMANDED GYNECOLOGY, INC.; ADIB NAJIB KHOUZAMI, M.D.; CONEMAUGH OB GYN ASSOCIATES; CONEMAUGH HEALTH SYSTEM, INC.; and CONEMAUGH MEMORIAL MEDICAL CENTER. Defendants PLAINTIFFS' ANSWER TO NEW MATTER OF DEFENDANTS CONEMAUGH HEALTH SYSTEM, INC. AND CONEMAUGH OB/GYN ASSOCIATES Plaintiffs, by and through their attorneys, SHRAGER, SPNEY & SACHS, hereby respond to Defendants Conemaugh Health Systems, Inc. And Conemaugh OB/GYN Associates as follows: 1. Denied as stated. The allegations contained in this paragraph refer to Plaintiffs' Complaint which is a document that speaks for itself. Plaintiffs' Complaint is incorporated herein by reference as if set forth at length. 2. Admitted. 3.4. Denied. The averment set forth in these paragraphs constitute conclusions of law, which are denied. By way of further response, to the extent any such averments are deemed to constitute factual allegations, same are denied and strict proof thereof, to the extent relevant, is demanded at the time of trial. 5.-6. The averments set forth in these paragraphs constitute conclusions of law, to which no response is required. By way of further response, to the extent any such averments are deemed to constitute factual allegations, same are denied and strict proof thereof, to the extent relevant, is demanded at the time of trial WHEREFORE, Plaintiffs demand that Defendants New Matter by dismissed with prejudice. By: Dated: /Z40 SHRAGER, SPIVEY & SACHS, P.C. WAYNE R. P EY STEVEN I&MUN( Attorney for Plaintiffs VERIFICATION The undersigned counsel for Plaintiffs hereby states that the foregoing averments in the attached Answer to New Matter are true and correct to the best of his knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE I hereby certify that on this 23rd day of January, 2007 a true and correct copy of Plaintiffs' Answer to New Matter was served via United States first-class mail, postage pre-paid, from Philadelphia to the following persons: Michael W. McGuckin Marshall, Dennehey, Warner Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Michael A. Sosnowski, Esquire McIntyre, Hartye & Schmitt P.O. Box 533 Hollidaysburg, PA 16648 Francis E. Marshall, Jr., Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 Patrick J. Stapleton, Ill, Esquire Patricia Haas Corll, Esquire Weber, Gallagher, Simpson, Stapleton, Fires & Newby 800 No. 3rd Street, 2nd Floor Harriburg, PA 17102 Shrager, Spivey & Sachs By: Steven V.Yhung, Esquire Attorne for Plaintiffs CD r,a ,l TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs, V. GEORGE E. JEFFERIES, M.D., KUNDU N. SAMBHU, M.D., CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC., ADIB NAJIB KHOUZAMI, M.D., CONEMAUGH OB GYN ASSOCIATES, CONEMAUGH HEALTH SYSTEM, INC., CONEMAUGH MEMORIAL MEDICAL CENTER, Defendants. : Court of Common Pleas : Cumberland County Pennsylvania Docket No.: 06-6421 Civil Term MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Taylor Maher, a minor by and through Jessica Pfuhl and Jeremy Maher c/o Wayne R. Spivey, Esquire Steven L. Chung, Esquire Shrager, Spivey & Sachs 2001 Market St., Two Commerce Square 32nd Floor Philadelphia, PA 19103 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN ANSWER WITH NEW MATTER WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE OF THIS PLEADING OR JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, Date: February 5, 2007 By: DI & CHILCOTE, P.C. Francis shall, Jr., Esquire Atto y . No. 27594 Aar . Jayman, Esquire Attorney I. D. No: 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Conemaugh Memorial Medical Center DICKIE, MCCAMEY & CHILCOTE, P.C. BY: FRANCIS E. MARSHALL, JR., ESQUIRE ATTORNEY FOR DEFENDANT, ATTORNEY I.D. NO. 27594 CONEMAUGH MEMORIAL BY: AARON S. JAYMAN, ESQUIRE MEDICAL CENTER ATTORNEY I.D. NO. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Tele) (717)7314803 (Fax) TAYLOR MAHER, a minor, by and IN THE COURT OF COMMON PLEAS through JESSICA PFUHL and JEREMY OF CUMBERLAND COUNTY, MAHER, her parents and natural guardian, NO. 06-6421 Plaintiffs V. GEORGE E. JEFFERIES, M.D., KUNDU N. SAMBHU, M.D., CENTRAL PA OBSTETRICS-GYNECOLOGY, INC., ADIB NAJIB KHOUZAMI, M.D. CONEMAUGH OB GYN ASSOCIATES, CONEMAUGH HEALTH SYSTEM, INC., and CONEMAUGH MEMORIAL MEDICAL CENTER, JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT. CONEMAUGH MEMORIAL MEDICAL CENTER TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant, Conemaugh Memorial Medical Center ("Answering Defendant"), by and through its counsel, Dickie, McCamey & Chilcote, P.C. and files the within Answer with New Matter to Plaintiffs' Complaint and in support thereof, avers as follows: 1. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of these allegations and they are therefore deemed denied and strict proof thereof is demanded at trial. 2. Denied. The allegations contained in this paragraph are directed to a party other than Answering Defendant and as such, no response is required. To the extent a response is deemed necessary, the averments are denied and strict proof is demanded at trial. 3. Denied. The allegations contained in this paragraph are directed to a party other than Answering Defendant and as such, no response is required. To the extent a response is deemed necessary, the averments are denied and strict proof is demanded at trial. 4. Denied. The allegations contained in this paragraph are directed to a party other than Answering Defendant and as such, no response is required. To the extent a response is deemed necessary, the averments are denied and strict proof is demanded at trial. 5. Denied. The allegations contained in this paragraph are directed to a party other than Answering Defendant and as such, no response is required. To the extent a response is deemed necessary, the averments are denied and strict proof is demanded at trial. 6. Denied. The allegations contained in this paragraph are directed to a party other than Answering Defendant and as such, no response is required. To the extent a response is deemed necessary, the averments are denied and strict proof is demanded at trial. 7. Denied. The allegations contained in this paragraph are directed to a party other than Answering Defendant and as such, no response is required. To the extent a response is deemed necessary, the averments are denied and strict proof is demanded at trial. 8. Denied. The allegations contained in this paragraph are directed to a party other than Answering Defendant and as such, no response is required. To the extent a response is deemed necessary, the averments are denied and strict proof is demanded at trial. 2 9. Denied. The allegations contained in this paragraph are directed to a party other than Answering Defendant and as such, no response is required. To the extent a response is deemed necessary, the averments are denied and strict proof is demanded at trial. 10. Denied. The allegations contained in this paragraph are directed to a party other than Answering Defendant and as such, no response is required. To the extent a response is deemed necessary, the averments are denied and strict proof is demanded at trial. 11. Denied. The allegations contained in this paragraph are directed to a party other than Answering Defendant and as such, no response is required. To the extent a response is deemed necessary, the averments are denied and strict proof is demanded at trial. 12. Denied. The allegations contained in this paragraph are directed to a party other than Answering Defendant and as such, no response is required. To the extent a response is deemed necessary, the averments are denied and strict proof is demanded at trial. 13. Denied. The allegations contained in this paragraph are directed to a party other than Answering Defendant and as such, no response is required. To the extent a response is deemed necessary, the averments are denied and strict proof is demanded at trial. 14. Denied. The allegations contained in this paragraph are directed to a party other than Answering Defendant and as such, no response is required. To the extent a response is deemed necessary, the averments are denied and strict proof is demanded at trial. 15. Denied. The allegations contained in this paragraph are directed to a party other than Answering Defendant and as such, no response is required. To the extent a response is deemed necessary, the averments are denied and strict proof is demanded at trial. 16. Admitted in part, denied in part. It is admitted that Answering Defendant is a corporation organized and operating under the laws of the Commonwealth of Pennsylvania, with 3 a business address at 1086 Franklin St., Johnstown, Pennsylvania. It is also admitted that Plaintiffs are asserting a professional liability claim against Answering Defendant. It is specifically denied that Answering Defendant is in any way liable to Plaintiff. At all relevant times, Answering Defendant met or exceeded the standard of care and did not cause or contribute to the injuries as alleged. The remaining allegations are denied as conclusions of law. 17. It is admitted that Answering Defendant held itself out in the community as being a full service medical care institution, properly equipped and staffed, and rendering quality medical care, through its departments, medical groups, staff members and other agents, servants and employees. By way of further response, at all relevant times Answering Defendant met or exceeded the standard of care and in no way caused or contributed to the injuries as alleged. 18. Denied. This paragraph is denied as a conclusion of law to which no response is required. In the alternative, to the extent that this paragraph contains facts to which a responsive pleading is required, those allegations of fact are denied generally pursuant to Pa.R.C.P. 1029(e). By way of further response, at the time in question, Dr. Khouzami was an employee of Answering Defendant. 19. Denied. This paragraph is denied as a conclusion of law to which no response is required. In the alternative, to the extent that this paragraph contains facts to which a responsive pleading is required, those allegations of fact are denied generally pursuant to Pa.R.C.P. 1029(e). Any general allegations of agency are specifically and unequivocally denied and are incapable of further response. To the extent a response is deemed necessary, Answering Defendant met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. 20. Denied. This paragraph is denied as a conclusion of law to which no response is required. In the alternative, to the extent that this paragraph contains facts to which a responsive 4 pleading is required, those allegations of fact are denied generally pursuant to Pa.R.C.P. 1029(e). Any general allegations of agency are specifically and unequivocally denied and are incapable of further response. To the extent a response is deemed necessary, Answering Defendant met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. FACTUAL BACKGROUND 21.-34. Denied generally pursuant to Pa.R.C.P. 1029(e) and/or as medical and legal conclusions of law. COUNTI Plaintiff v. George E. Jefferies, M.D. 35.42. The averments contained in these paragraphs refer to another Defendant and no response is required. To the extent a response is deemed necessary, the averments are denied and strict proof is demanded at trial. WHEREFORE, Defendant, Conemaugh Memorial Medical Center respectfully requests that this Honorable Court dismiss this count and enter judgment in its favor. COUNT II Plaintiff v. Kundu N. Sambhu, M.D. 41-50. The averments contained in these paragraphs refer to another Defendant and no response is required. To the extent a response is deemed necessary, the averments are denied and strict proof is demanded at trial. WHEREFORE, Defendant, Conemaugh Memorial Medical Center respectfully requests that this Honorable Court dismiss this count and enter judgment in its favor. 5 COUNT III Plaintiff v. Central Pa. Ob-Gyn 51.-58. The averments contained in these paragraphs refer to another Defendant and no response is required. To the extent a response is deemed necessary, the averments are denied and strict proof is demanded at trial. WHEREFORE, Defendant, Conemaugh Memorial Medical Center respectfully requests that this Honorable Court dismiss this count and enter judgment in its favor. COUNT IV Plaintiff v. Adib Nalib Khouzami, M.D. 59.-66. The averments contained in these paragraphs refer to another Defendant and no response is required. To the extent a response is deemed necessary, the averments are denied and strict proof is demanded at trial. By way of further response, at the time in question, Dr. Khouzami was an employee of Answering Defendant. Furthermore, Answering Defendant met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. WHEREFORE, Defendant, Conemaugh Memorial Medical Center respectfully requests that this Honorable Court dismiss this count and enter judgment in its favor. COUNT V Plaintiff v. Conemaugh OB GYN Associates 67.-74. The averments contained in these paragraphs refer to another Defendant and no response is required. To the extent a response is deemed necessary, the averments are denied and strict proof is demanded at trial. 6 WHEREFORE, Defendant, Conemaugh Memorial Medical Center respectfully requests that this Honorable Court dismiss this count and enter judgment in its favor. COUNT VI Plaintiff v. Conemaueh Health System, Inc. 75.-82. The averments contained in these paragraphs refer to another Defendant and no response is required. To the extent a response is deemed necessary, the averments are denied and strict proof is demanded at trial. WHEREFORE, Defendant, Conemaugh Memorial Medical Center respectfully requests that this Honorable Court dismiss this count and enter judgment in its favor. COUNT VII Plaintiff v. Conemaugh Memorial Medical Center 83. Answering Defendant hereby incorporates by referenced answers contained in paragraphs 1 through 82 as if fully set forth at length herein. 84.(a) - (p). Denied. These paragraphs and corresponding subparagraphs of Plaintiffs' Complaint are denied as conclusions of law as well as medical conclusions to which no responses are required. In the alternative, to the extent that this paragraph and corresponding subparagraphs of Plaintiffs' Complaint contain facts to which a responsive pleading is required, those allegations of fact are denied generally pursuant to Pa.R.C.P. 1029(e). In further response, Answering Defendant is not liable to Plaintiffs. To the contrary, at all relevant times, Answering Defendant met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. 85. Denied. This paragraph of Plaintiffs' Complaint is denied as a conclusion of law to which no response is required. In the alternative, to the extent that this paragraph contains 7 facts to which a responsive pleading is required, those allegations of fact are denied generally pursuant to Pa.R.C.P. 1029(e). In further response, Answering Defendant is not liable to Plaintiffs. To the contrary, at all relevant times, Answering Defendant met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. 86. Denied. This paragraph of Plaintiffs' Complaint is denied as a conclusion of law to which no response is required. In the alternative, to the extent that this paragraph contains facts to which a responsive pleading is required, those allegations of fact are denied generally pursuant to Pa.R.C.P. 1029(e). In further response, Answering Defendant is not liable to Plaintiffs. To the contrary, at all relevant times, Answering Defendant met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. 87. Denied. This paragraph of Plaintiffs' Complaint is denied as a conclusion of law to which no response is required. In the alternative, to the extent that this paragraph contains facts to which a responsive pleading is required, those allegations of fact are denied generally pursuant to Pa.R.C.P. 1029(e). In further response, Answering Defendant is not liable to Plaintiffs. To the contrary, at all relevant times, Answering Defendant met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. 88. Denied. This paragraph of Plaintiffs' Complaint is denied as a conclusion of law to which no response is required. In the alternative, to the extent that this paragraph contains facts to which a responsive pleading is required, those allegations of fact are denied generally pursuant to Pa.R.C.P. 1029(e). In further response, Answering Defendant is not liable to Plaintiffs. To the contrary, at all relevant times, Answering Defendant met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. 8 89. Denied. This paragraph of Plaintiffs' Complaint is denied as a conclusion of law to which no response is required. In the alternative, to the extent that this paragraph contains facts to which a responsive pleading is required, those allegations of fact are denied generally pursuant to Pa.R.C.P. 1029(e). In further response, Answering Defendant is not liable to Plaintiffs. To the contrary, at all relevant times, Answering Defendant met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. 90. Denied. This paragraph of Plaintiffs' Complaint is denied as a conclusion of law to which no response is required. In the alternative, to the extent that this paragraph contains facts to which a responsive pleading is required, those allegations of fact are denied generally pursuant to Pa.R.C.P. 1029(e). In further response, Answering Defendant is not liable to Plaintiffs. To the contrary, at all relevant times, Answering Defendant met or exceeded the standard of care and at no time caused or contributed to the injuries as alleged. WHEREFORE, Defendant, Conemaugh Memorial Medical Center respectfully requests that this Honorable Court dismiss this count and enter judgment in its favor. NEW MATTER By way of further answer, Answering Defendant, avers the following New Matter directed to Plaintiffs: 91. Plaintiffs have failed to state a claim upon which relief can be granted. 92. Plaintiffs are responsible, in whole or in part, for the injuries alleged because Plaintiffs voluntarily and knowingly assumed the risk of the activities, and therefore, all claims resulting therefrom are barred. 93. Nothing Answering Defendants did or failed to do was the cause in fact or the proximate cause of any alleged injury or loss to Plaintiffs. 9 94. Plaintiffs' claims may be barred by the doctrines of assumption of the risk and contributory negligence or reduced by comparative negligence. 95. Plaintiffs' Complaint is barred or reduced by the provisions of the Pennsylvania Comparative Negligence Act, the relevant provisions of which are incorporated herein by referenced as though same were more fully set forth at length herein. 96. At all times material hereto, Answering Defendant provided treatment in accordance with the applicable standard of medical care at the time and place of treatment. 97. Plaintiff failed to mitigate any damages allegedly sustained. 98. Plaintiffs' claims and/or request for damages herein are limited and/or precluded by the doctrines of res judicata and/or collateral estoppel. 99. Plaintiffs' claims may be barred by the applicable statute of limitations. 100. Plaintiffs have failed to plead facts sufficient to toll the applicable statute of limitations. 100. Plaintiffs' cause of action may be barred by the equitable doctrine of laches. 101. To the extent that discovery and/or investigation may reveal, Plaintiffs have granted accord and satisfaction to a judgment thereby barring a subsequent suit against any other defendant for the same injuries. 102. In accordance with Pennsylvania law, including the Medical Care Availability and Reduction of Error Act, plaintiffs shall have no right to recover any amount, which was paid by a collateral source of compensation or benefits. 103. Plaintiffs may have entered into a release which has the effect of discharging Answering Defendants from this matter. 10 104. Upon information and belief, certain of Plaintiffs' bills for which Plaintiff seeks to recover in this action that were paid or are payable under accident and health insurance, Blue Cross and Blue Shield, Worker's Compensation insurance, or other insurance. 105. Plaintiffs shall have no right to recover for any amount which was paid by a private, public, or gratuitous collateral source of compensation or benefits under such as instituted or amended by the Pennsylvania Medical Care Availability and Reduction of Error (MCARE) Act. 106. Plaintiffs' claims and/or request for damages is barred or limited by the provisions of the Medical Care Availability and Reduction of Error (MCARE) Act, Act. No. 13, House Bill No. 1802, 2202 Pa. ALS 13; 2002, Pa. Laws 13; 2001 Pa. HB 1802, as amended. 107. By way of further answer, Answering Defendant specifically reserves the right to plead hereafter as further New Matter those additional affirmative defenses, including, without limitation, those set forth in Pa.R.Civ.P. 1030, that continuing investigation, discovery in accordance with court rules, and the introduction of evidence at trial may render applicable to claims and causes of action declared upon Plaintiffs in the Complaint. Respectfully submitted, Date: February 5, 2007 By: DICIGE, MCCAMEY & CHILCOTE, P.C. Francis E. ar all, Jr., Esquire Attorne 0.27594 Aaron ayman, Esquire Attorney I.D. No. 85651 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants Conemaugh Memorial Medical Center 11 VERIFICATION COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF CUMBERLAND ) Before me, the undersigned authority, personally appeared Karen Loeffler, who deposes and says that she is Director of Safety/Risk Management of Conemaugh Memorial Medical Center and as such is authorized to make this Verification on its behalf, and states that the attached Answer with New Matter of Defendant Conemaugh Memorial Medical Center to Plaintiffs' Complaint, is based upon information which has been furnished to counsel for Defendant and that the information has been gathered by said counsel in preparation for the defense of this lawsuit. The language in Defendant's Answer is that of counsel and not of the undersigned. The undersigned has read Defendant's Answer. To the extent that the Answer is based upon information which has been given to counsel for Defendant, it is true and correct to the best of the undersigned's knowledge, information and belief. To the extent that the content of the Defendant's Answer is that of counsel, the undersigned has relied upon counsel in making this Affidavit. Karen Loeffler Director of Safety/Risk Management Sworn to and subscribed Before me this sI day of `SanL,a 2007 1 Notary P 1'c COMMONWEALTH OF PENNSYLVANIA Notarial Seal Tracy M. Yoder, Notary Public City Of Johnstown, Cambria County My Commission Expires Mar. 28, 2009 Member, Pennsylvania Association of Notaries .. CERTIFICATE OF SERVICE AND NOW, this 5`h day of February, 2007, I, Aaron S. Jayman, Esquire, hereby certify that I did serve a true and correct copy of the foregoing document 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: Wayne R. Spivey, Esquire Steven L. Chung, Esquire SHRAGER, SPIVEY & SACHS Two Commerce Square, 32nd Floor 2001 Market Street Philadelphia, PA 19103 (Counsel for Plaintiff) Michael W. McGuckin, Esquire MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Counsel for George E. Jefferies, M.D., Kundu N. Sambhu, M.D. and Central Pennsylvania Obstetrics-Gynecology, Inc.) John L. McIntyre, Esquire Michael A. Sosnowski, Esquire MCINTYRE, HARTYE & SCHMITT P.O. Box 533 Hollidaysburg, PA 16648 (Counsel for Conemaugh OB GYN Associates, Conemaugh Health System, Inc.) Patricia Haas Corll, Esquire WEBER GALLAGHER SIMPSON STAPLETON, FIRES AND NEWBY, LLP 800 North 3rd Street, 2nd Floor Harrisburg, PA 17102 (Counsel for Adib Najib Khouzami, M.D.) Aaron S. s ire _!?W, 12 ±^? C`S %? ,? ?1 r4 _ __..? .-1 a-? ?._ _,-, '; t3? _? + ? , , ` ? ? a ,. ,uw, Shrager, Spivey & Sachs By: Wayne R. Spivey, Esquire/Steven L. Chung, Esquire Identification Numbers: 31017/78834 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs VS. GEORGE E. JEFFERIES, M.D.; KUNDU N. SAMBHU, M.D.; CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC.; ADIB NAJIB KHOUZAMI, M.D.; CONEMAUGH OB GYN ASSOCIATES; CONEMAUGH HEALTH SYSTEM, INC.; and CONEMAUGH MEMORIAL MEDICAL CENTER. Defendants. CUMBERLAND COUNTY COURT OF COMMONPLEAS No.: 06-6421 Civil Term JURY TRIAL DEMANDED PLAINTIFFS' ANSWER TO NEW MATTER OF DEFENDANT CONEMAUGH MEMORIAL MEDICAL CENTER Plaintiffs, by and through their attorneys, SHRAGER, SPIVEY & SACHS, hereby respond to Defendant Conemaugh MEMORIAL Medical Center's New Matter as follows: 91.406. Denied. The averment set forth in these paragraphs constitute conclusions of law, which are denied. By way of further response, to the extent any such averments are deemed to constitute factual allegations, same are denied and strict proof thereof, to the extent relevant, is demanded at the time of trial. 107. The averment set forth in these paragraphs constitute conclusions of law, which are denied. By way of further response, it is denied that Defendant is entitled to assert additional affirmative defenses in this action. Further, Defendant has waived any affirmative defenses that were not raised in its instant New Matter. WHEREFORE, Plaintiffs demand that Defendants New Matter by dismissed with prejudice. SHRAGER, SPIVEx& SACHS, P.C. By: WAYNE Dated: 1-7 *( -, STEVEN L. CHUNG Attorney for Plaintiffs VERIFICATION The undersigned counsel for Plaintiffs hereby states that the foregoing averments in the attached Answer to New Matter are true and correct to the best of his knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Steven L (Ch ng, Esquire CERTIFICATE OF SERVICE I hereby certify that on this 8th day of February, 2007 a true and correct copy of Plaintiffs' Answer to New Matter was served via United States first-class mail, postage pre-paid, from Philadelphia to the following persons: Michael W. McGuckin Marshall, Dennehey, Warner Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Michael A. Sosnowski, Esquire McIntyre, Hartye & Schmitt P.O. Box 533 Hollidaysburg, PA 16648 Francis E. Marshall, Jr., Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 Patrick J. Stapleton, III, Esquire Patricia Haas Corll, Esquire Weber, Gallagher, Simpson, Stapleton, Fires & Newby 800 No. 3rd Street, 2nd Floor Harriburg, PA 17102 Shrager, Spivey & Sachs By: L. Chung, Esquire v for Plaintiffs 2 "LJ k ri F ' ti 'T1 rn i z .? ._ to rn C 4 N SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-06421 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MAHLER TAYLOR ET AL VS JEFFERIES GEORGE E MD ET AL R. Thomas Kline Sheriff or Deputy Sheriff, o being duly sworn according to law, says, that he made a diligent earch and inquiry for the within named DEFENDANT JEFFERIES GEORGE E MD but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT FC the within named DEFENDANT JEFFERIES GEORGE E MD 890 POPLAR CHURCH ROAD CAMP HILL, PA 17011 DEFENDANT HAS BEEN RETIRED FOR 3 YEARS, SO HE IS NO LONGER AT THIS ADDRESS. LIVES IN YORK COUNTY. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 13.20 5.00 10.00 So answers R. Tomas' Kline Sheriff of Cumberland Count SHRAGER SPIVEY SACHS 01/09/2007 ?L /46.20 Sworn and Subscribed to before me this day of A. D. as to I SHERIFF'S RETURN - REGULAR CASE NO: 2006-06421 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MAHLER TAYLOR ET AL VS JEFFERIES GEORGE E MD ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff Cumberland County,Pennsylvania, who being duly sworn accor 'ng to law, says, the within COMPLAINT & NOTICE was served upon gAMBHU KUNDU N MD the r , 2007 a true and attested copy of COMPLAINT & NOTICE tog?1her with DEFENDANT , at 1122:00 HOURS, on the 9th day of Nov at 890 POPLAR CHURCH ROAD CAMP HILL, PA 17011 by handing to BONNIE KUNDU, WIFE and at the same time directing Her attention to the Conte; s thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 01/09/2007 SHRAGER SPIVEY SACHS Sworn and Subscibed to By: n before me this day Deput - her of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-06421 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MAHLER TAYLOR ET AL VS JEFFERIES GEORGE E MD ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff Cumberland County,Pennsylvania, who being duly sworn accor' ng to law, says, the within COMPLAINT & NOTICE was served upon CENTRL PENNSYLVANIA OBSTETRICS -GYNECOLOGY INC the DEFENDANT , at 1122:00 HOURS, on the 9th day of Nove er , 2006 at 890 POPLAR CHURCH ROAD CAMP HILL, PA 17011 by handing to BONNIE KUNDU, OFFICE MANAGER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE toge er with and at the same time directing Her attention to the conten4 thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 /16.00 01/09/2007 •/"" SHRAGER SPIVEY SACHS Sworn and Subscibed to By:__ before me this of day A. D. uLy 5nerir SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-06421 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MAHLER TAYLOR ET AL VS JEFFERIES GEORGE E MD ET AL R. Thomas Kline Sheriff or Deputy Sheriff duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT to wit: KHOUZAMI ADIB NAJIB M D but was unable to locate Him in his bailiwick. He the deputized the sheriff of CAMBRIA County, Penns serve the within COMPLAINT & NOTICE On January 9th , 2007 this office was in receip attached return from CAMBRIA Sheriff's Costs: So answers: "' _.. Docketing 6.00 Out of County 9.00 J / Vie. Surcharge 10.00 R.' Thomas Kline Dep Cambria County 49.25 Sheriff of Cumberland C Postage 4.83 79.08? J % 4- 01/09/2007 ?s a 1 SHRAGER SPIVEY SACHS Sworn and subscribe to before me this day of ho being earch and L, fore I ania, to f the fnty A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-06421 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MAHLER TAYLOR ET AL VS JEFFERIES GEORGE E MD ET AL R. Thomas Kline , Sheriff or Deputy Sheriff ho being duly sworn according to law, says, that he made a diligent earch and and inquiry for the within named DEFENDANT to wit: CONEMAUGH OB GYN ASSOCIATES but was unable to locate Them in his bailiwick. He th fore deputized the sheriff of CAMPBRIA County, Pennsylvania, to serve the within COMPLAINT & NOTICE On January 9th , 2007 , t attached return from CAMPBRIA Sheriff's Costs: So answers- Docketing 6.00 i Out of County .00 Surcharge 10.00 -K-o-m-al ine .00 Sheriff of-Cumberland C .00 16.00 -7 01/09/2007 SHRAGER SPIVEY SACHS Sworn and subscribe to before me this day of , s office was in receipt jof the t}nty A. D. In The Court of Common Pleas of Cumberland County, P€ Taylor Maher et al vs. George E. Jefferies MD et al SERVE: Conemaugh OB GYN Associates No. 06-6421 ci Now, November 7, 200.6 hereby deputize the Sheriff of sylvania , I, SHERIFF OF CUMBERLAND CO Y, PA, do Cambria County to executett. is Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland Affidavit of Service Now, N ove M be( 1 20L'?e, at ; within m T I c e Uu 'a o w o lw+ upon k- V I at I bw Tim a by handing to ?izren UeRt e r N64AC a l?lM JTUiI? copy of the original and made known to the So answers, IaAr Sheriff of Sworn and subscribed before me thi,1??`="day of E 20c; o'clock COSTS SERVICE _ MILEAGE _ AFFIDAVIT PA served the thereof. Lj hPI c County, PA -6 ? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-06421 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MAHLER TAYLOR ET AL VS JEFFERIES GEORGE E MD ET AL R. Thomas Kline , Sheriff or Deputy Sheriff' ho being duly sworn according to law, says, that he made a diligent' earch and and inquiry for the within named DEFENDANT to wit: CONEMAUGH HEALTH SYSTEM INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of CAMBRIA County, Pennsylvania, to serve the within COMPLAINT & NOTICE On January 9th , 2007 this office was in receip oL Lne attached return from CAMBRIA Sheriff's Costs: So answers Docketing 6.00 Out of County .00 cs ` Surcharge 10.00. Thomas Kline .00 Sheriff of Cumberland C my .00 16.00 ? / 01/09/2007 SHRAGER SPIVEY SACHS Sworn and subscribe to before me this day of A.D. In The Court of Common Pleas of Cumberland County, P Taylor Maher et al vs. George E. Jefferies MD et al SERVE: Conemaugh Health System Inc No. 06-6421 c. lvania Now, November 7, 200.6 , I, SHERIFF OF CUMBERLAND CO Y, PA, do hereby deputize the Sheriff of Cambria County to execute is Writ, this deputation being made at the request and risk of the Plaintiff. 0-? - r?o?? Sheriff of Cumberland Co , PA Affidavit of Service Now, 20 C(P, at 3 J?o'clock . served the within e 04 '.a,l upon 6?,PW+n /V at oa n?(,u Tip by handing to /-4v-- n a I Q a5k V copy of the original and made known to? the conte thereof. So answers, 60 Lac C 0,0? h n C,? Sheriff of County, PA Sworn and subscribed before me this /kday of 20 f COSTS SERVICE _ MILEAGE _ AFFIDAVIT SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-06421 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MAHLER TAYLOR ET AL VS JEFFERIES GEORGE E MD ET AL R. Thomas Kline , Sheriff or Deputy Sheriff ho being duly sworn according to law, says, that he made a diligent earch and and inquiry for the within named DEFENDANT to wit: CONEMAUGH MEMORIAL MEDICAL CENTER but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of CAMBRIA County, Pennsylvania, to serve the within COMPLAINT & NOTICE On January 9th , 2007 , this off attached return from CAMBRIA Sheriff's Costs: So ans ice was in receipt jof the Docketing 6.00 Out of County .00 Surcharge 10.00 Thomas line .00 Sheriff of Cumberland C .00 16.00 ? >??r?o 01/09/2007 SHRAGER SPIVEY SACHS Sworn and subscribe to before me this day of my A. D. In The Court of Common Pleas of Cumberland County, Pi Taylor Maher et al vs. George E. Jefferies MD et al SERVE: Conemaugh Memorial Medical Center No. 06-6421 ci sylvania Now, November 7, 2006 , I, SHERIFF OF CUMBERLAND CO TY, PA, do hereby deputize the Sheriff of Cambria County to execute is Writ, this deputation being made at the request and risk of the Plaintiff. mar/ Sheriff of Cumberland Affidavit of Service Now, ?MA4(- (b , 20 lam, at o'clock within N(Aicp Qr'J.. nKADIaLAA' upon at w6u lC? at 67U r 1 ?h P by handing to?C + 1 C ?r 1 a lNe Q5?? copy of the original NbHce In ,, and made known to 1 1X- the conter? So answers, Nb 14]aK- Sheriff of COSTS Sworn and subscribed fore SERVICE _ me thi L day of ll 24 MILEAGE _ AFFIDAVIT PA served the thereof. a jjj ?,• County, PA WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Patrick J. Stapleton, III, Esquire ID# 38057 By: Patricia Haas Corll, Esquire ID# 59238 800 North 3rd Street 2nd Floor Harrisburg, PA 17102 (717) 237-6940 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians vs. GEORGE E. JEFFERIES, M.D., KUNDU N. SAMBHU, M.D., CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC., ADIB NAJIB KHOUZAMI, M.D. CONEMAUGH OB GYN ASSOCIATES, ET AL. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION CASE NO.: 06-6421 ANSWER AND NEW MATTER OF DEFENDANT, ADIB NAJIB KHOUZAMI, M.D. TO PLAINTIFF'S COMPLAINT IN CIVIL ACTION AND NOW comes Defendant, Adib Najib Khouzami, M.D., by and through his counsel, Patrick J. Stapleton, III, Esquire, Patricia Haas Corll, Esquire and the law firm WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP, and files his Answer to Plaintiff's Civil Action Complaint averring as follows: 1-8. Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter contained within paragraphs 1-8 of the Plaintiff s Civil Action Complaint. Therefore, these allegations are denied. Strict proof at time of trial is demanded. 9. It is admitted that Defendant Adib Najib Khouzami, M.D. ("Dr. Khouzami") is an adult individual and a citizen and resident of the Commonwealth of Pennsylvania and at all times pertinent to the allegations of the Complaint engaged in a practice of medicine with an office and place of business located at 111 Franklin Street, Suite 300, Johnstown, Pennsylvania. It is also admitted that Plaintiffs are asserting a professional liability claim against Dr. Khouzami; however, all allegations of negligence are specifically denied. Strict proof at time of trial is demanded. 10. The allegations contained within paragraph #10 of Plaintiff's Complaint state conclusions of law to which no responsive pleading is required. To the extent that a response is required, it is averred that Dr. Khouzami at all times practiced medicine within the appropriate standard of care under the circumstances. All allegations of negligence are denied. Strict proof at time of trial is demanded. 11. These allegations are directed to a Defendant other than Defendant Khouzami and therefore no response is provided. 12. Denied. It is denied that Dr. Khouzami was an owner, shareholder, officer, agent, servant or employee of Conemaugh OB Gyn Associates. 13-17. These allegations are directed to a Defendant other than Defendant Khouzami and therefore no response is provided. 18-20. The allegations contained within paragraphs 18-20 of Plaintiff's Complaint state conclusions of law to which no responsive pleading is required. To the extent that a response is required, it is averred that Dr. Khouzami at all times practiced medicine within the appropriate standard of care under the circumstances. All allegations of negligence, employment and agency are denied as stated. Strict proof at time of trial is demanded. 2 21-27. Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter contained within paragraphs 21-27 of the Plaintiff's Civil Action Complaint. Therefore, these allegations are denied. Strict proof at time of trial is demanded. 28. Denied in part and admitted in part. Defendant is without knowledge or information sufficient to form a belief as to the truth of the matters contained within paragraph #28 of the Plaintiff's Civil Action Complaint referencing matters that occurred prior to her admission to Conemaugh Memorial Medical Center. As to that admission, the medical records speak for themselves. Therefore, these allegations are denied. Strict proof at time of trial is demanded. 29. Denied as stated. To the contrary, the medical records speak for themselves. Strict proof at time of trial is demanded. 30. Denied as stated. To the contrary, the medical records speak for themselves. Moreover, to the extent that any negligence is implied or inferred by Dr. Khouzami's inability to call into the labor and delivery center until 2:32 hours, such allegations are denied. Strict proof at time of trial is demanded. 31. Denied as stated. To the contrary, the medical records speak for themselves. 32-34. Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter contained within paragraphs 32-34 of the Plaintiffs Civil Action Complaint. Therefore, these allegations are denied. Strict proof at time of trial is demanded. 3 COUNTI Plaintiff v. George E. Jeffried, M.D. 35. Paragraphs 1 through 34 of Dr. Khouzami's Answer and New Matter to the Plaintiffs Complaint in Civil Action are incorporated by reference as if set forth more fully herein. 36-42. These allegations are directed to a Defendant other than the Answering Defendant, Dr. Khouzami. Therefore, no response is provided. WHEREFORE, Answering Defendant, Adib Najib Khouzami, M.D., denies liability to Plaintiff in any manner or any sum whatsoever and demands judgment in his favor against Plaintiff, together with interest, costs and damages. COUNT II Plaintiff v. Kundu N. Sambhu, M.D. Plaintiff v. George E. Jeffried, M.D. 43. Paragraphs 1 through 42 of Dr. Khouzami's Answer and New Matter to the Plaintiff's Complaint in Civil Action are incorporated by reference as if set forth more fully herein. 44-50. These allegations are directed to a Defendant other than the Answering Defendant. Therefore, no response is provided. WHEREFORE, Answering Defendant, Adib Najib Khouzami, M.D., denies liability to Plaintiff in any manner or any sum whatsoever and demands judgment in his favor against Plaintiff, together with interest, costs and damages. 4 COUNT III Plaintiff v. Central Pa. Ob-Gyn 51. The responses to paragraphs 1 through 50 of the Answering Defendant's Answer and New Matter to Plaintiff s Complaint in Civil Action are incorporated by reference as if set forth more fully herein. 52-58. These allegations are directed to a Defendant other than the Answering Defendant. Therefore, no response is provided. WHEREFORE, Answering Defendant, Adib Najib Khouzami, M.D., denies liability to Plaintiff in any manner or any sum whatsoever and demands judgment in his favor against Plaintiff, together with interest, costs and damages. COUNT IV Plaintiff v. Adib Naiib Khouzami, M.D. 59. The responses to paragraphs 1-58 contained within the Answering Defendant's Answer and New Matter to Plaintiff's Complaint in Civil Action are incorporated by reference as is set forth more fully herein. 60. This paragraph constitutes a conclusion of law to which no responsive pleading is required. To the extent that a responsive pleading is required, Answering Defendant states as follows: (a) It is specifically denied that Dr. Khouzami failed to provide emergent medical care to Jessica Pfuhl on September 15, 2001 when she presented to the Labor & Delivery unit at Conemaugh Memorial Medical Center. To the contrary, Dr. Khouzami acted at all times within the appropriate standard of care under the circumstances. (b) It is specifically denied that Dr. Khouzami was negligent in delaying for an inordinate period of time to tend to Jessica Pfuhl. To the contrary, it is averred that Dr. 5 Khouzami acted at all times within the appropriate standard of care under the circumstances. (c) It is denied that Dr. Khouzami was negligent in failing to timely assess Jessica Pfuhl's medical condition when she presented to the Labor & Delivery unit. To the contrary, it is averred that Dr. Khouzami acted at all times within the appropriate standard of care under the circumstances. (d) It is denied that Dr. Khouzami was negligent in failing to appreciate the emergent need of Jessica Kuhl's condition. To the contrary, it is averred that Dr. Khouzami acted at all times within the appropriate standard of care under the circumstance. (e) It is denied that Dr. Khouzami was negligent in failing to timely respond to numerous pages requesting that care be provided to Jessica Pfuhl. To the contrary, it is averred that Dr. Khouzami acted at all times within the standard of care under the circumstances. (f) It is denied that Dr. Khouzami was negligent in failing to instruct nurses and medical staff to provide interim medical care to Jessica Pfuhl. To the contrary, it is averred that Dr. Khouzami acted at all times within the appropriate standard of care under the circumstances. (g) It is denied that Dr. Khouzami was negligent in failing to inquire into Jessica Pfuhl's condition during the time period in which he was being paged. To the contrary, it is averred that Dr. Khouzami acted at all times within the appropriate standard of care under the circumstances. (h) It is denied that Dr. Khouzami was negligent in failing to ensure that medical patients were not left unattended for an inordinate period of time while in the Labor & Delivery unit. To the contrary, it is averred that Dr. Khouzami acted at all times within the appropriate standard of care under the circumstances. 61. The allegations of paragraph 61 constitute legal conclusions to which no responsive pleading is required. To the extent that a response is required, it is specifically denied that there was any tortious or negligent conduct on the part of Dr. Khouzami. To the contrary, it is averred that Dr. Khouzami's conduct was at all times within the appropriate standard of care under the circumstances. By way of further answer, it is averred that the Answering Defendant is without knowledge or information sufficient to formulate a belief as to the truth of the 6 remaining allegations contained in paragraph 61 of the Plaintiff s civil action complaint. Therefore, these allegations are denied. Strict proof at time of trial is demanded. 62. The allegations of paragraph 62 constitute legal conclusions to which no responsive pleading is required. To the extent that a response is required, it is specifically denied that there was any tortious or negligent conduct on the part of Dr. Khouzami. To the contrary it is averred that Dr. Khouzami acted at all times within the appropriate standard of care under the circumstances. By way of further answer, it is averred that the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations contained within paragraph #62. Therefore, these allegations are denied. Strict proof at time of trial is demanded. 63. The allegations of paragraph 63 constitute legal conclusions to which no responsive pleading is required. To the extent that a response is required, it is specifically denied that there was any tortious or negligent conduct on the part of Dr. Khouzami. To the contrary it is averred that Dr. Khouzami acted at all times within the appropriate standard of care under the circumstances. By way of further answer it is averred that the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations contained within paragraph #63. Therefore, these allegations are denied. Strict proof at time of trial is demanded. 64. The allegations of paragraph 64 constitute legal conclusions to which no responsive pleading is required. To the extent that a response is required, it is specifically denied that there was any tortious or negligent conduct on the part of Dr. Khouzami. To the contrary it is averred that Dr. Khouzami acted at all times within the appropriate standard of care under the circumstances. By way of further answer it is averred that the Answering Defendant is without 7 knowledge or information sufficient to form a belief as to the truth of the remaining allegations contained within paragraph #64. Therefore, these allegations are denied. Strict proof at time of trial is demanded. 65. The allegations of paragraph #65 constitute legal conclusions to which no responsive pleading is required. To the extent that a response is required, it is specifically denied that there was any tortious or negligent conduct on the part of Dr. Khouzami. To the contrary it is averred that Dr. Khouzami acted at all times within the appropriate standard of care under the circumstances. By way of further answer, it is averred that the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations contained within paragraph #65. Therefore, these allegations are denied. Strict proof at time of trial is demanded. 66. The allegations of paragraph #66 constitute legal conclusions to which no responsive pleading is required. To the extent that a response is required, it is specifically denied that there was any tortious or negligent conduct on the part of Dr. Khouzami. To the contrary it is averred that Dr. Khouzami acted at all times within the appropriate standard of care under the circumstances. By way of further answer it is averred that the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations contained within paragraph #66. Therefore, these allegations are denied. Strict proof at time of trial is demanded. WHEREFORE, Answering Defendant, Adib Najib Khouzami, M.D., denies liability to Plaintiff in any manner or any sum whatsoever and demands judgment in his favor against Plaintiff, together with interest, costs and damages. COUNT V Plaintiff v. Conemauah OB GYN Associates 67. The Answering Defendant incorporates his responses to paragraphs 1-66 contained within the Answer and New Matter to Plaintiff's Complaint in Civil Action by reference as if set forth more fully herein. 68-74. These allegations are directed to a Defendant other than Answering Defendant. Therefore, no response is provided. WHEREFORE, Answering Defendant, Adib Najib Khouzami, M.D., denies liability to Plaintiff in any manner or any sum whatsoever and demands judgment in his favor against Plaintiff, together with interest, costs and damages. COUNT VI Plaintiff v. Conemaugh Health System, Inc. 75. Answering Defendant incorporates by reference his responses to paragraphs 1-74 as set forth in his Answer and New Matter to Plaintiff's in Civil Action as if set forth more fully herein. 76-82. These allegations are directed to another Defendant other than Answering Defendant. Therefore, no response is required. WHEREFORE, Answering Defendant, Adib Najib Khouzami, M.D., denies liability to Plaintiff in any manner or any sum whatsoever and demands judgment in his favor against Plaintiff, together with interest, costs and damages. 9 COUNT VII Plaintiff v. Conemaush Memorial Medical Center 83. The Answering Defendant incorporates by reference his responses to paragraph 1- 82 as set forth in the Answer and New Matter to Plaintiff's Complaint in Civil Action as if set forth more fully a length herein. 84-90. The allegations contained in paragraphs 84-90 are directed to a Defendant other than the Answering Defendant. Therefore, upon advice of counsel, no response is provided. WHEREFORE, Answering Defendant, Adib Najib Khouzami, M.D., denies liability to Plaintiff in any manner or any sum whatsoever and demands judgment in his favor against Plaintiff, together with interest, costs and damages. NEW MATTER 91. The responses of Answering Defendant to Paragraphs 1-90, inclusive of subparts, to Plaintiff's Complaint in Civil Action are incorporated by reference as if set forth more fully herein. 92. Plaintiffs' Complaint fails in whole or in part to state a claim against the Answering Defendant upon which relief can be granted. 93. All care and treatment rendered to the Minor Plaintiff by the Answering Defendant was at all time appropriate, reasonable, and within the required standards of medical care under the circumstances and did not cause any injury or damage to the Minor Plaintiff. 94. All care and treatment rendered to the Minor Plaintiff by those who may be determined to be employees, agents, and/or servants of Answering Defendant was at all times 10 appropriate, reasonable, and within the standard of medical care, and did not cause any injury or damage to the Minor Plaintiff. 95. Insofar as the Answering Defendant, or any person for whom he is or may be vicariously liable, elected a treatment modality which is recognized as proper but may differ from other appropriate treatment modalities, that Answering Defendant raises the two schools of thought defense. 96. Whatever injuries and damages, if any, sustained by Minor Plaintiff as averred in Plaintiffs' Complaint in Civil Action were caused in whole or in part by persons or entities over whom Answering Defendant had no duty to supervise or control, and therefore Answering Defendant is not liable and Plaintiff may not recover against him. 97. Whatever injuries and damages, if any, sustained by Plaintiffs as averred in the Complaint in Civil Action were not caused by the conduct or negligence of Answering Defendant but were caused in whole or in part, or were contributed to by any preexisting medical conditions of the Minor Plaintiff beyond the control of the Answering Defendant and therefore, Plaintiffs may not recover against him. 98. In the event that it is determined that the Answering Defendant was negligent with regard to any allegations contained in and with respect to Plaintiffs' Complaint in Civil Action, said allegations being specifically denied, said negligence was superceded by the intervening negligent acts of other persons, parties and/or organizations other than Answering Defendant and over whom Answering Defendant had no control, right, or responsibility and therefore Answering Defendant is not liable. 99. To the extent that the evidence may show that other persons, partnerships, corporations or other legal entities caused or contributed to the injuries or exacerbation of the 11 preexisting conditions of the Minor Plaintiff, then the conduct of the Answering Defendant is not the legal cause of such conditions or injuries. 100. Any acts or omissions of the Answering Defendant alleged to constitute negligence were not substantial contributing factors to the injuries and damages alleged in Plaintiffs' Complaint in Civil Action. 101. Based upon the allegations set forth above and to the extent that discovery or any evidence introduced at trial may further establish the existence thereof, Plaintiffs assumed the risk of the outcome in this case and Answering Defendant asserts the defense of assumption of the risk. 102. Based upon the allegations set forth above and to the extent that discovery or evidence introduced at trial may further establish the existence thereof, Plaintiffs were negligent and or caused or contributed to the outcome in this case, Answering Defendant asserts the defense of contributory negligence and comparative negligence. 103. To the extent applicable, or to the extent that it may later become applicable, Answering Defendant pleads the statute of limitations to personal injury actions to preserve the affirmative defense. 104. Answering Defendant asserts any defenses which may be available pursuant to the Healthcare Services Malpractice Act, 40 Pa. C.S.A. Sections 1301.101 et. seq. and Medical Professional Liability Catastrophic Loss Fund Statute 40 Pa. C.S.A. Sections 1301.701 et seq., including but not limited to, the bar of recovery of medical expenses paid by any party or for any party, including insurance carriers, pursuant to the Medical Care Availability and Reduction of Error Act, Act 13 of 2002 (40 Pa. C.S.A §1301.508). 12 s" . ` 105. Plaintiffs' allegations are vague and insufficiently pleaded under Pennsylvania law. 106. Plaintiff's injuries and losses, if any, were caused in whole or in part by persons not a party to this action, including Jessica Pfuhl. WHEREFORE, Answering Defendant, Adib Najib Khouzami, M.D., denies liability to any party and respectfully requests this Honorable Court enter judgment in his favor and against Plaintiffs, and that Plaintiffs' Complaint in Civil Action be dismissed with prejudice. Respectfully submitted, WEBER, GALLAGHER SIMPSON STAPLETON FIRES & NEWBY; LLP By: ' aEsi; '' C Patrick-J; ton, III, Esquire Pa up 'H; xe ourt I.D. No.: 38057 atrici Corll, Esquire Pa. S reme Court I.D. No.: 59238 800 Nprth Third Street Hamburg, PA 17102 Phone: (717) 237-6940 Counsel for Defendant, Adib Najib Khouzami, M.D. Date: June 2007 13 'r ,. 0 VERIFICATION I, Adib Najib Khouzami, M.D., verify that I am familiar with the facts set forth in the foregoing Answer and New Matter to Plaintiffs' Complaint in Civil Action. The same are true and correct to the best of my knowledge, information and belief. I make this statement subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsifion to authorities. Adib Naji K -iami, M.D. Dated: 20- Yda? 14 A .' V CERTIFICATE OF SERVICE I, Patricia Haas Corll, Esquire, hereby certify that a true and correct copy of the foregoing Answer and New Matter of Defendant, dib Najib Khouzami, M.D. has been furnished via U.S. r" Mail, postage prepaid this day of June, 2007 to: Wayne R. Spivey, Esquire Shrager, Spivey & Sachs 32"d Floor, Two Commerce Square 2001 Market Street Philadelphia, PA 19102 15 co W Shrager, Spivey & Sachs By: Wayne R. Spivey, Esquire/Steven L. Chung, Esquire Identification Numbers: 31017/78834 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs VS. GEORGE E. JEFFERIES, M.D.; KUNDU N. SAMBHU, M.D.; CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC.; ADIB NAJIB KHOUZAMI, M.D.; CONEMAUGH OB GYN ASSOCIATES; CONEMAUGH HEALTH SYSTEM, INC.; and CONEMAUGH MEMORIAL MEDICAL CENTER. Defendants. CUMBERLAND COUNTY COURT OF COMMONPLEAS No.: 06-6421 Civil Term : JURY TRIAL DEMANDED PLAINTIFFS' ANSWER TO NEW MATTER OF DEFENDANT ADIB NAJIB KHOUZAMI M.D. Plaintiffs, by and through their attorneys, SHRAGER, SPIVEY & SACHS, hereby respond to Defendant Adib Najib Khouzami's New Matter as follows: 91.-106. Denied. The averment set forth in these paragraphs constitute conclusions of law to which no response is required. By way of further response, to the extent any such averments are deemed to constitute factual allegations, same are denied and strict proof thereof, to the extent relevant, is demanded at the time of trial. w WHEREFORE, Plaintiffs demand that Defendants New Matter be dismissed with prejudice. SHRAGER, SPIVEY & SACHS, P.C. By: WAYNE R. S IVEY STEVEN L. CHUNG Attorney for Plaintiffs Dated: l> 18 . VERIFICATION The undersigned counsel for Plaintiffs hereby states that the foregoing averments in the attached Answer to New Matter are true and correct to the best of his knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S.A. ? 4904, relating to unsworn falsification to authorities. Steven L. ng, quire a CERTIFICATE OF SERVICE I hereby certify that on this 18th day of June, 2007 a true and correct copy of Plaintiffs' Answer to New Matter was served via United States first-class mail, postage pre-paid, from Philadelphia to the following persons: Michael W. McGuckin Marshall, Dennehey, Warner Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Michael A. Sosnowski, Esquire McIntyre, Hartye & Schmitt P.O. Box 533 Hollidaysburg, PA 16648 Francis E. Marshall, Jr., Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 Patrick J. Stapleton, III, Esquire Patricia Haas Corll, Esquire Weber, Gallagher, Simpson, Stapleton, Fires & Newby 800 No. 3`d Street, 2nd Floor Harrisburg, PA 17102 Shrager, Spivey & Sachs B .' Y: Steve hung, Esquire Atto for Plaintiffs rya ?7ra ? 1fTl ?i7 J !! y ' may. ? ?; :.} IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY TAYLOR MAHER, A MINOR Vs. JEFFERIES, M.D., ET AL NO. 066421 CERTIFICATE PREREQUISITE 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 AARON S JAYMAN, 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: 07/04/07 File #: M342108 AARON S JAYMAN, 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) 335-4907 By: Nancy Sellers IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . 4 TAYLOR MAHER, A MINOR Vs. JEFFERIES, M.D., ET AL I No. 066421 TO: STEVEN CHUNG, ESQ (PLAINTIFF) MICHAEL MCGUCKIN MICHAEL SOSNOWSKI PATRICIA CORLL NOTICE OF INTENT 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: 06/12/07 AARON S JAYMAN, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-4907 By: Nancy Sellers Enc (s) : Copy of subpoena(s) Counsel return card File #: M342108 OF PENNSYLVANIA COMM OF !UAND TAYLOR MAHER, A MINOR Vs. , JEFFERIES, M.D., ET AL Fi le No. 066421 SUBPOENA TO PRODUCE DOCUMENTS OR TH BILLING REQUESTED FOR DISCOVERY PURSUANT TO RULE 4009.22 HOLY.SPIRIT HOSP, 503 N 21ST ST, CAMP HILL PA 17011 TO: ATTN: MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fo l lowing docLnmts orS th i ngt: at MEDICAL LEGAL REPRODUCTIONS (AgNts f940 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 camp1iance, to the party making thi= 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 thi, subpoena may seek a court ordei- oompelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: AARON S JAYMAN, ESQ ADDRESS: ' BYPASS TELEPHONE : 17 011 SUPREME COURT ID _# 215-335-3212 ATTORNEY FOR: DEFENDANT M342108-01 DATE : "'_ /'/, 490? S 1 of the Court BY THE COURT: fsr ale r4, ?-, ,el- ,Lean Prothonotary/Cl , Civil Division -- 1/7 uty (Eff. 7/97) ADDENDUM TO SUBPOENA TAYLOR MAHER,A MINOR Vs. No. 066421 JEFFERIES, M.D., ET AL CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSP ANY AND ALL COPIES OF MEDICAL RECORDS REGARDING JESSICA PFUHL FROM BEFORE 1/1/01 TO THE PRESENT.. TO INCLUDE BUT NOT LIMITED TO, ALL CORRESPONDENCE, MEDICAL CONSULTATIONS, MEDICAL RECORDS, MEDICAL BILLING AND RADIOLOGY REPORTS. PERTAINING TO: NAME: JESSICA PFUHL ADDRESS: DATE OF BIRTH: 09/15/01 SSAN: XXXXX9016 MEDICAL BILLING REQUESTED ALL FEES MIDST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 HOLY SPIRIT HOSP CUMBERLAND M342108-01 * * * SIGN AND RETURN THIS PAGE * * * ry%&r vMMT..TT4 OF PENNSYLVANIA axiNry OF cuMBERIAND TAYLOR MAHER, A MINOR Vs. Fi Is No. 066421 JEFFERIES, M.D., ET AL MEDICAL BILLING REQUESTED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR QISOOVERY PURSUANT TO RULE 4009.22 HERSHEY MED CTR, 500 UNIVERSITY DR, HERSHEY PA 17033 TO: ATTN: MEDICAL RECORDS DEPT (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 %&ngs,;, at _ ???? ?!. — AlddrisQ40 DISSTON ST., PHILA., MEDICAL LEGAL REPRODUCTIONS,( 44 You may deliver or mail legible copies of the docm.mments or produce things requested by this subpoena, together with the certificate of compliance, to the party making thi: request at the address listed above. You have the right to seek in advance the rea.onablE 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 (120) days after its service, the party serving thin, subpoena may seek a court orde>- onmmpe l l i ng you to oomp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: AARON S JAYMAN, ESQ ADDRESS: ono CAMP HIIzL BYPASS 17011 TELEPHONE: SUPREME COURT ID 215-335-3212 ATTORNEY FOR : DEFENDANT M342108-02 DATE : 1f ?? 7 al of the Court BY THE COURT: Prothonotary/C , Civil Division '?'?QC?yr ? ?,41 _ Deputy (Eff• 7/97) ADDENDUM TO SUBPOENA TAYLOR MAHER, A MINOR Vs. JEFFERIES, M.D., ET AL No. 066421 CUSTODIAN OF RECORDS FOR: HERSHEY MED CTR ANY AND ALL COPIES OF MEDICAL RECORDS REGARDING JESSICA PFUHL FROM BEFORE 1/1/01 TO THE PRESENT. TO INCLUDE BUT NOT LIMITED TO, ALL CORRESPONDENCE, MEDICAL CONSULTATIONS, MEDICAL RECORDS, MEDICAL BILLING AND RADIOLOGY REPORTS. PERTAINING TO: NAME: JESSICA PFUHL ADDRESS: DATE OF BIRTH: 09/15/01 SSAN: XXXXX9016 MEDICAL BILLING REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. 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 HERSHEY MED CTR CUMBERLAND M342108-02 * * * SIGN AND RETURN THIS PAGE GJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY TAYLOR MAHER, A MINOR Vs. JEFFERIES, M.D., ET AL NO. 066421 CERTIFICATE PREREQUISITE 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 AARON S JAYMAN, 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: 07/04/07 AARON S JAYMAN, 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) 335-4907 By: Nancy Sellers File #: M342065 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY TAYLOR MAHEi, A MINOR Vs. JEFFERIES, M.D., ET AL No. 066421 TO: STEVEN CHUNG, ESQ (PLAINTIFF) MICHAEL MCGUCKIN MICHAEL SOSNOWSKI PATRICIA CORLL NOTICE OF INTENT 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: 06/12/07 AARON S JAYMAN, ESQUIRE 1200 CAMP HILL BYPASS SUITE 205 CAMP HILL, PA 17011 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-4907 By: Nancy Sellers Enc (s) : Copy of subpoena(s) Counsel return card File #: M342065 C?COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TAYLOR MAHER, A MINOR Vs. JEFFERIES, M.D., ET AL File No. 066421 SUBPOENA TO PRODUCE DOCUMENTS N%% BILLING REQUESTED FOR DISCOVERY PURSUANT TO RULE 4009.22 HOLY SPIRIT HOSP, 503 N 21ST ST, CAMP HILL PA 17011 TO:_ ATTN: MEDICAL RECORDS DEPT (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: - SEE NUMBED ADDENDUM MEDICAL LEGAL REPRODUCTIONS (A Ssf940 DISSTON ST., PHILA., PA 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 thi= request at the address listed above. You have the right to seek in advance the rea,onablc- 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 orde;- ciai pe l l i ng you to carp 1 y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: AARON S JAYMAN, ESQ ADDRESS: 1290 GMP--WILII BYPASS TELEPHONE : CAMP killilif PA 17 011 SUPREME COURT ID #215 - 3 3 5- 3 212 ATTORNEY FOR: DEFENDANT M342065-01 DATE : .WAVI> figal of the Court BY THE COURT: "-g - ea" - Prothonotary/ erk, Civil Division _ 96- - off. Q2Z OF- Deputy (Eff. 1/97) ADDENDUM TO SUBPOENA TAYLOR MAHER, A MINOR Vs. JEFFERIES, M.D., ET AL No. 066421 CUSTODIAN OF RECORDS FOR : HOLY SPIRIT HOSP ANY AND ALL COPIES OF MEDICAL RECORDS REGARDING TAYLOR MAHER FROM BEFORE 1/1/01 TO THE PRESENT. TO INCLUDE BUT NOT LIMITED TO, ALL CORRESPONDENCE, MEDICAL CONSULTATIONS, MEDICAL RECORDS, MEDICAL BILLING AND RADIOLOGY REPORTS. PERTAINING TO: NAME: TAYLOR MAHER ADDRESS: DATE OF BIRTH: 09/15/01 SSAN: XXXXX MEDICAL BILLING REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. 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 HOLY SPIRIT HOSP CUMBERLAND M342065-01 * * * SIGN AND RETURN THIS PAGE COr?ALTH OF PE NJSYLVANIA OOUIyy OF QON ID TAYLOR MAHER, A MINOR Vs. JEFFERIES, M.D., ET AL Fi le No. 066421 SUBPOENA TO PRODUCE DOCUMENTS OR TH BILLING REQUESTED FOR DISCOVERY PURSUANT TO RULE 4009.22 HERSHEY MED CTR, 500 UNIVERSITY DR, HERSHEY PA 17033 T0: ATTN: MEDICAL RECORDS DEPT (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 things: SEE ATI-ACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS(AJ*%&sf940 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 ccrtpIiance, 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 thin subpoena may seek a court ordei- ompe l l i ng you to comp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAP'S: AARON S JAYMAN, ESQ ADDRESS: ! BYPASS TELEPHONE: CAMP RILL,-1W 17011 SUPREME OOURT ID 4 215-335-3212 ATTORNEY FOR: DEFENDANT BY THE COURT: M342065-02 DATE : l oZA97 eal of the Court --J- Prothonotary/Clerk, Civil Division Deputy (Eff. 7/97) W ADDENDUM TO SUBPOENA TAYLOR MAHER, A MINOR Vs. JEFFERIES, M.D., ET AL No. 066421 CUSTODIAN OF RECORDS FOR: HERSHEY MED CTR ANY AND ALL COPIES OF MEDICAL RECORDS REGARDING TAYLOR MAHER FROM BEFORE 1/1/01 TO THE PRESENT. TO INCLUDE BUT NOT LIMITED TO, ALL CORRESPONDENCE, MEDICAL CONSULTATIONS, MEDICAL RECORDS, MEDICAL BILLING AND RADIOLOGY REPORTS. PERTAINING TO: NAME: TAYLOR MAHER ADDRESS: DATE OF BIRTH: 09/15/01 SSAN: XXXXX MEDICAL BILLING REQUESTED ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. 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. [ l 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 HERSHEY MED CTR CUMBERLAND M342065-02 * * * SIGN AND RETURN THIS PAGE * * * c? N MICHAEL W. MCGUCKIN, ESQUIRE I.D. No. 49464 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3515 Attorney for Defendants TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs, V. GEORGE E. JEFFERIES, M.D., SAMBHU N. KUNDU, M.D., CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC., ADIB NAJIB KHOUZAMI, M.D. CONEMAUGH OB GYN ASSOCIATES, CONEMAUGH HEALTH SYSTEM, INC., and CONEMAUGH MEMORIAL MEDICAL CENTER, Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS No: 06-6421 CIVIL TERM JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANTS, GEORGE E. JEFFERIES, M.D., SAMBRU N. KUNDU, M.D., AND CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC., TO PLAINTIFF'S COMPLAINT A Complaint in this action was filed on or about October 26, 2006. 2. The claims stated in plaintiffs Complaint allegedly arise out of a course of medical treatment and care rendered to minor plaintiffs mother, Jessica Kuhl, during her pregnancy with Taylor Maher in 2001. A copy of plaintiffs Complaint is attached hereto as "Exhibit All. Plaintiff alleges that the moving defendants rendered care below the acceptable standard of care during the pregnancy. Specifically, plaintiff alleges that the moving defendant OB/GYN's failed to take adequate steps to prolong Jessica Pfuhl's pregnancy, and failed to take adequate steps to prevent Taylor Maher's premature delivery. See plaintiffs Complaint at Paragraphs 23-27. 4. Plaintiff has also brought suit against Co-defendant, Conemaugh Memorial Medical Center, and its alleged agents concerning the care and treatment rendered to minor plaintiffs mother on September 15, 2001 when she presented to Conemaugh Memorial Medical Center in Johnstown, Pennsylvania. Essentially, the argument against the co-defendant hospital, and the hospital's alleged employees, is that there was a delay in performing a required emergency cesarean section delivery. 5. Plaintiffs allegations against the moving defendants concern the care rendered in the offices of Central Pennsylvania OB/GYN, Inc. See Paragraphs 23-27 of Plaintiffs Complaint attached hereto as "Exhibit A". Demurrer - Motion to Strike - Paragraphs 52 (J), (K), (L), and (M) of Plaintiff s Complaint 6. In Paragraphs 52 6), (k), (1), and (m) of Plaintiffs Complaint, plaintiff attempts to assert a theory of liability against Defendant, Central Pennsylvania OB/GYN, Inc., based upon corporate negligence as set forth in the Pennsylvania Supreme Court case of Thompson v. Nason Hospital 527 Pa. 330, 591 A.2d, 703 (1991). 7. It is well established that liability under the doctrine of corporation negligence extends only to entities that undertake a duty to provide total healthcare to patients, such as hospitals and health maintenance organizations. 8. Liability under a corporate negligence theory may not be imposed upon physician group practices limited to the provisions of medical treatment and care in certain medical specialties. 2 9. Plaintiff has not alleged that Defendant, Central Pennsylvania Obstetrics- Gynecology, Inc., is an entity that undertakes to provide total healthcare to its patients akin to a hospital or health maintenance organization. 10. Paragraphs 52 0), (k), (1), and (m) of plaintiffs Complaint must be stricken and dismissed because physician practice groups are not subject to corporate negligence claims as pled. WHEREFORE, moving Defendants, George E. Jefferies, M.D., Sambhu N. Kundu, M.D., and Central Pennsylvania Obstetrics-Gynecology, Inc., respectfully request that this Honorable Court sustain their Preliminary Objections and strike Paragraphs 52 0), (k), (1) and (m) of Plaintiffs Complaint, with prejudice. Respectfully submitted, MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN By: 'Z&__7f Michael W. McGuckin, Esquire Attorney for Defendant Dr. Jefferies, Sambhu N. Kundu, M.D., and Central Pennsylvania Obstetrics-Gynecology, Inc. Date: -4 ft3l?- \05-A\LIAB\MWMCGUCKIN\TRLD\240297\MGWHITE\01012\00136 Shrager, Spivey & Sachs Bv: Wayne R. Spivey, Esquire/Steven L. Chung, Esquire Identification Numbers: 31017/78834 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, 108 Fieldstone Avenue Johnstown, PA 15904 and 20 N. 12`h Street Lemoyne, PA 17043 Plaintiffs VS. GEORGE E. JEFFERIES, M.D., 890 Poplar Church Road Camp Hill, PA 17011 and KUNDU N. SAMBHU, M.D., 890 Poplar Church Road Camp Hill, PA 17011 and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. 890 Poplar Church Road Camp Hill, PA 17011 and ADIB NAJIB KHOUZAMI, M.D. 1111 Franklin Street, Ste. 300 Johnstown, PA 15905 and CONEMAUGH OB GYN ASSOCIATES 1111 Franklin Street, Ste. 300 Johnstown, PA 15905 and CONEMAUGH HEALTH SYSTEM, INC. 1086 Franklin Street Johnstown, PA 15905 and CONEMAUGH MEMORIAL MEDICAL CENTER -1- CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. (s I UL l ?G2d'? ?` ' JURY TRIAL DEMANDED ,n. -TI C n r! c.? ' ?' - tV -=t 1086 Franklin Street Johnstown, PA 15905 Defendants. CIVIL ACTION COMPLAINT Plaintiffs, by their attorneys, Shrager, Spivey & Sachs, hereby demands damages of defendants herein, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest, costs, and damages for prejudgment delay upon causes of action whereof the following are statements: Plaintiffs, Taylor Maher, a minor, by and through Jessica Pfuhl and Jeremy Maher, her parents and natural guardians, are citizens of the Commonwealth of Pennsylvania, residing therein at 108 Fieldstone Avenue, Johnstown, Pennsylvania and 20 N. 12`h Street, Lemoyne, Pennsylvania, respectively. 2. Defendant, George E. Jefferies, M.D., (hereinafter "Dr. Jefferies"), an adult individual, is a citizen and resident of the Commonwealth of Pennsylvania and at all times pertinent hereto had been engaged in the practice of medicine, with an office and place of business located therein at 890 Poplar Church Road in Camp Hill, County of Cumberland. Plaintiffs are asserted a professional liability claim against this defendant. 3. At all times pertinent hereto, Dr. Jefferies was engaged in the practice of medicine, pursing the specialty of obstetrics/gynecology, and was obliged to bring to bear in the practice of his profession the professional skills, knowledge, and experience which he possessed or was obliged to possess, and to pursue her profession in accordance with reasonably safe and acceptable standards of care, in general, and obstetrics/gynecology, in particular. 4. Defendant, Kundu N. Sambhu, M.D., (hereinafter "Dr. Sambhu"), an adult individual, is -2- a citizen and resident of the Commonwealth of Pennsylvania and at all times pertinent hereto had been engaged in the practice of medicine, with an office and place of business located therein at 890 Poplar Church Road in Camp Hill, County of Cumberland. Plaintiffs are asserted a professional liability claim against this defendant. 5. At all times pertinent hereto, Dr. Sambhu was engaged in the practice of medicine, pursing the specialty of obstetrics/gynecology, and was obliged to bring to bear in the practice of his profession the professional skills, knowledge, and experience which he possessed or was obliged to possess, and to pursue her profession in accordance with reasonably safe and acceptable standards of care, in general, and obstetrics/gynecology, in particular. 6. Defendant, Central Pennsylvania Obstetrics-Gynecology, Inc. (hereinafter "Central Pa. Ob-Gyn"), is an incorporated entity, organized and existing under the laws of Pennsylvania, with an office and place of business located therein at 890 Poplar Church Road in Camp Hill, County of Cumberland. Plaintiffs are asserted a professional liability claim against this defendant. 7. At all times pertinent hereto, Central Pa. Ob-Gyn acted through its agents, apparent agents, servants, and/or employees, including Dr. Jefferies and Dr. Sambhu, and was responsible for the care and treatment rendered to the plaintiffs. At all times pertinent hereto, the agents, servants, and/or employees of Central Pa. Ob-Gyn, heretofore and hereinafter identified, were acting within the course and scope of their employment, agency or apparent agency in conjunction with the care and treatment rendered to the plaintiffs, as described in detail below. In addition to Dr. Jefferies and Dr. Sambhu, Central Pa. Ob-Gyn's agents, servants and employees included any other medical treatment providers employed by Central Pa. Ob-Gyn not specifically named herein nor readily identifiable in the medical records who rendered, or undertook to -3- render, medical care and treatment to the plaintiffs, as set forth below, including the nurses or administrative staff who cannot reasonably be identified from the records without conducting reasonable discovery. 9. Defendant, Adib Najib Khouzami, M.D., (hereinafter "Dr. Khouzami"), an adult individual, is a citizen and resident of the Commonwealth of Pennsylvania and at all times pertinent hereto had been engaged in the practice of medicine, with an office and place of business located therein at 1111 Franklin- Street, Ste. 300, Johnstown, PA. Plaintiffs are asserted a professional liability claim against this defendant. 10. At all times pertinent hereto, Dr. Khouzami was engaged in the practice of medicine, pursing the specialty of obstetrics/gynecology, and was obliged to bring to bear in the practice of his profession the professional skills, knowledge, and experience which he possessed or was obliged to possess, and to pursue her profession in accordance with reasonably safe and acceptable standards of care, in general, and obstetrics/gynecology, in particular. 11. Defendant, Conemaugh OB GYN Associates, is a corporation, organized and operating under the laws of the Commonwealth of Pennsylvania, with a business address and regularly conducting business at 1111 Franklin Street, Ste. 300, Johnstown, Pennsylvania. Plaintiffs are asserting a professional liability claim against this defendant. 12. It is believed and therefore averred that at all times pertinent hereto, Dr. Khouzami was an owner, shareholder, officer, agent, servant and/or employee of Conemaugh OB GYN Associates. 13. The agents, servants and employees of Conemaugh OB GYN Associates included Dr. Khouzami, as well as any other medical treatment providers employed by Conemaugh OB GYN Associates who rendered, or undertook to render, medical care and treatment to Plaintiff, as described in -4- detail below. 14. Defendant, Conemaugh Health System, Inc. ("Conemaugh"), is a corporation, organized and operating under the laws of the Commonwealth of Pennsylvania, with a business address and regularly conducting business at 1086 Franklin Street, Johnstown, Pennsylvania. Plaintiffs are asserting a professional liability claim against this defendant. 15. At all times pertinent hereto, Defendant Conemaugh held itself out in the community as being a full service medical care institution, properly equipped and staffed, and rendering quality medical care, acting through its departments, medical groups, staff members and other agents, servants and employees. 16. Defendant, Conemaugh Memorial Medical Center ("Conemaugh"), is a corporation, organized and operating under the laws of the Commonwealth of Pennsylvania, with a business address and regularly conducting business at 1086 Franklin Street, Johnstown, Pennsylvania. Plaintiffs are asserting a professional liability claim against this defendant. 17. At all times pertinent hereto, Defendant Conemaugh held itself out in the community as being a full service medical care institution, properly equipped and staffed, and rendering quality medical care, acting through its departments, medical groups, staff members and other agents, servants and employees. 18. At all times pertinent hereto, Dr. Khouzami was appointed and held out by Defendants Conemaugh as a physician in the labor and delivery department and, in that capacity, was the actual and/or ostensible agent, apparent agent, servant or employee of defendants Conemaugh, particularly with respect to his duties and responsibilities for the treatment and care of plaintiff and her mother. 19. Additionally, the actual or ostensible agents, servants, and employees of defendants -5- Conemaugh included those individuals in the hospital's labor and delviery department who were responsible for the implementation and execution of medical care pertaining to Plaintiff and her mother. This allegation is meant to include any and all persons who were responsible for implementing and carrying out the physician orders pertaining to Plaintiff and her mother. 20. At all times pertinent hereto, Defendants had a medical treater/patient relationship with the plaintiff; said defendants rendered and/or undertook to render medical treatment and care to plaintiff, individually and/or acting through its actual or ostensible agents, servants and employees. Defendants therefore had a legal duty to render such medical treatment and care in accordance with accepted standards of medicine. FACTUAL BACKGROUND 21. In or around March/April of 2001, plaintiff, Jessica Pf ihl, became pregnant with her first child. 22. On March 25, 2001 and April 14, 2001, Jessica Pfuhl presented to the emergency room at Holy Spirit Hospital and a pelvic sonogram identified the presence of a bicornuate uterus. 23. In or around May of 2001, Ms. Pfuhl came under the care of Dr. Jefferies, Dr. Sambhu and Central Pa. Ob-Gyn. 24. On or about June 11, 2001 an ultrasound performed on Ms. Pfuhl, at twelve (12) weeks gestation showed the presence of a live intrauterine pregnancy in the right horn of a bicornuate uterus. No specific treatment was given with respect to this diagnosis. 25. On or about September 14, 2001, Ms. Pfuhl, at approximately twenty five (25) weeks gestation, presented to the offices of Central Pa. Ob-Gyn with complaints of pinkish vaginal discharge and suprapubic pressure. Dr. Jefferies made a diagnosis of probable urinary tract infection and started -6- Ms. Pfuhl on the antibiotic Macrobid. 26. During this office visit, Ms. Kuhl informed Dr. Jefferies that she had plans to go to Johnstown, Pennsylvania for the weekend and asked him if there were any problems or concerns with her making this trip. 27. Dr. Jefferies approved Ms. Pfuhl's trip to Johnstown and scheduled her for an ultrasound to be performed at his office on September 17, 2001. 28. On or about the early morning hours of September 15, 2001, Ms. Pfuhl experienced sudden onset of vaginal bleeding and abdominal pain while in Johnstown. She went to Conemaugh Memorial Medical Center for emergency evaluation. 29. At Conemaugh Memorial Medical Center, Ms. Pfuhl was diagnosed at 10 centimeters dilated and placental abruption. 30. Dr. Khouzami was first beeped at 0210 hours. Repeated efforts to reach Dr. Khouzami took place every 5 to 10 minutes until he called in at 0232 hours. During that phone call, Dr. Khouzami was advised that Ms. Pfhul was in preterm labor at 26 weeks. She had a known history of bicornuate uterus. 31. An emergent cesarean section delivery was performed by Dr. Khoumazi at 0330 hours and Ms. Pfuhl delivered her daughter, Taylor Maher, a severely premature infant weighing 1 lb. 12 oz. at birth. 32. Taylor Maher was diagnosed with multiple complications associated with her premature delivery. 33. On or about October 14, 2001, Taylor Maher was transferred to Hershey Medical Center for patent ductus arteriosus ("PDA") repair surgery. 34. Following the PDA surgical repair, Taylor Maher remained at Hershey Medical Center -7- for several months for the management and treatment of the multiple complications associated with her premature delivery. COUNTI Plaintiff v. George E. Jeffries, M.D. 35. Paragraphs 1 through 34 are herein incorporated by reference as though fully set forth at length herein. 36. The negligence of defendant, Dr. Jefferies, in his individual capacity and in his capacity as actual or ostensible agents, servants and/or employees of defendant, Central Pa. Ob-Gyn, consisted of the following: (a) failing to perform an adequate physical examination on Jessica Pfuhl on September 14, 2001 when she presented with complaints of pinkish vaginal discharge and suprapubic pressure; (b) failing to take adequate steps to confirm or rule out the presumptive diagnosis of a urinary tract infection on September 14, 2001 when Jessica Pfuhl presented with complaints of pinkish vaginal discharge and suprapubic pressure; (c) failing to rule out the diagnosis of preterm labor on September 14, 2001 when Jessica Pfuhl presented with complaints of pinkish vaginal discharge and suprapubic pressure; (d) failing to take adequate steps to prolong Jessica Pfuhl's pregnancy, which was an acknowledged high-risk pregnancy in light of her bicomuate uterus; (e) failing to take adequate steps to prevent Taylor Maher's premature delivery, which was an acknowledged high-risk pregnancy in light of Jessica Pfuhl's bicornuate uterus; (f) failing to take adequate steps to prevent injury to Taylor Maher as a result of her extremely premature delivery; (g) failing to consult with a perinatologist; (h) failing to inform Jessica Pfuhl of the risks associated with bicornuate uterus; and (i) failing to admit Jessica Pfuhl into the hospital for observation and testing. -8- 37. As a result of the tortious conduct of the defendants, as more particularly hereinafter set forth, Taylor Maher has suffered and continues from injuries which are serious and permanent in nature including, but not limited to, significant and profound physical and mental developmental delay due to severe prematurity at birth, which could have been prevented. 38. As a further result of defendants' tortious conduct, Taylor Maher has suffered and will continue to suffer, severe physical pain, mental suffering, physical disability and disfigurement, depression, mental distress and anguish and severe shock to her nerves and nervous system. 39. As a further result of defendants' tortious conduct, Taylor Maher has suffered economic losses in the form of permanent impairment of earning capacity and she will continue to suffer such loss for an indefinite time. 40. As a further result of defendants' tortious conduct, Taylor Maher has been unable to attend to her usual activities and she will continue to be unable to do so for an indefinite time. 41. As a further result of defendants' tortious conduct, Taylor Maher has suffered a significant loss in her enjoyment of the pleasures of life and will continue to suffer such loss for an indefinite time. 42. As a further result of defendants' tortious conduct, plaintiff has incurred significant expenses for medical treatment, medical consultations, rehabilitation and other related expenses in an effort to treat the minor-plaintiff's condition and to maximize her rehabilitation, and she will continue to incur such expenses for an indefinite time. WHEREFORE, plaintiffs demand judgment against defendants, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs and damages for prejudgment delay. -9- COUNT II Plaintiff v. Kundu N. Sambhu, M.D. 43. Paragraphs 1 through 42 are herein incorporated by reference as though fully set forth at length herein. 44. The negligence of defendant, Dr. Sambhu, in his individual capacity and in his capacity as actual or ostensible agents, servants and/or employees of defendant, Central Pa. Ob-Gyn, consisted of the following: (a) failing to perform an adequate physical examination on Jessica Pfuhl on September 14, 2001 when she presented with complaints of pinkish vaginal discharge and suprapubic pressure; (b) failing to take adequate steps to confirm or rule out the presumptive diagnosis of a urinary tract infection on September 14, 2001 when Jessica Pfuhl presented with complaints of pinkish vaginal discharge and suprapubic pressure; (c) failing to rule out the diagnosis of pretenm labor on September 14, 2001 when Jessica Pfuhl presented with complaints of pinkish vaginal discharge and suprapubic pressure; (d) failing to take adequate steps to prolong Jessica Pfuhl's pregnancy, which was an acknowledged high-risk pregnancy in light of her bicornuate uterus; (e) failing to take adequate steps to prevent Taylor Maher's premature delivery, which was an acknowledged high-risk pregnancy in light of Jessica Pfuhl's bicornuate uterus; (f) failing to take adequate steps to prevent injury to Taylor Maher as a result of her extremely premature delivery; (g) failing to consult with a perinatologist; (h) failing to inform Jessica Kuhl of the risks associated with bicornuate uterus; and (i) failing to admit Jessica Pfuhl into the hospital for observation and testing. 45. As a result of the tortious conduct of the defendants, as more particularly hereinafter set forth, Taylor Maher has suffered and continues from injuries which are serious and permanent in nature -10- including, but not limited to, significant and profound physical and mental developmental delay due to severe prematurity at birth, which could have been prevented. 46. As a further result of defendants' tortious conduct, Taylor Maher has suffered and will continue to suffer, severe physical pain, mental suffering, physical disability and disfigurement, depression, mental distress and anguish and severe shock to her nerves and nervous system. 47. As a further result of defendants' tortious conduct, Taylor Maher has suffered economic losses in the form of permanent impairment of earning capacity and she will continue to suffer such loss for an indefinite time. 48. As a further result of defendants' tortious conduct, Taylor Maher has been unable to attend to her usual activities and she will continue to be unable to do so for an indefinite time. 49. As a further result of defendants' tortious conduct, Taylor Maher has suffered a significant loss in her enjoyment of the pleasures of life and will continue to suffer such loss for an indefinite time. 50. As a further result of defendants' tortious conduct, plaintiff has incurred significant expenses for medical treatment, medical consultations, rehabilitation and other related expenses in an effort to treat the minor-plaintiff's condition and to maximize her rehabilitation, and she will continue to incur such expenses for an indefinite time. WHEREFORE, plaintiffs demand judgment against defendants, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs and damages for prejudgment delay. -11- COUNT III Plaintiff v. Central Pa. Ob-Gyn 51. Paragraphs 1 through 50 are here incorporated by reference as though fully set forth at length herein. 52. The negligence of defendant, Central Pa. Ob-Gyn, acting through its actual or ostensible agents, servants and/or employees, consisted of the following: (a) failing to perform an adequate physical examination on Jessica Pfuhl on September 14, 2001 when she presented with complaints of pinkish vaginal discharge and suprapubic pressure; (b) failing to take adequate steps to confirm or rule out the presumptive diagnosis of a urinary tract infection on September 14, 2001 when Jessica Pfuhl presented with complaints of pinkish vaginal discharge and suprapubic pressure; (c) failing to rule out the diagnosis of preterm labor on September 14, 2001 when Jessica Pfuhl presented with complaints of pinkish vaginal discharge and suprapubic pressure; (d) failing to take adequate steps to prolong Jessica Pfuhl's pregnancy, which was an acknowledged high-risk pregnancy in light of her bicornuate uterus; (e) failing to take adequate steps to prevent Taylor Maher's premature delivery, which was an acknowledged high-risk pregnancy in light of Jessica Pfuhl's bicomuate uterus; (f) failing to take adequate steps to prevent injury to Taylor Maher as a result of her extremely premature delivery; (g) failing to consult with a perinatologist; (h) failing to inform Jessica Kuhl of the risks associated with bicornuate uterus; (i) failing to admit Jessica Pfuhl into the hospital for observation and testing; (j) failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to provide proper medical care to Jessica Pfuhl and Taylor Maher; (k). assigning physicians to care for patients who are not qualified to rendered -12- standard and acceptable medical care; (1). failing to adopt and/or enforce adequate rules, policies and procedures in order to assure that physicians, nurses and other healthcare providers who are not competent to render care and treatment to its patients are not allowed to practice within its facilities; and (m). failing to adopt and/or enforce adequate rules, policies and procedures to assure that adequate steps are taken to prevent injuries to patients such as the plaintiff. 53. As a result of the tortious conduct of the defendants, as more particularly hereinafter set forth, Taylor Maher has suffered and continues from injuries which are serious and permanent in nature including, but not limited to, significant and profound physical and mental developmental delay due to severe prematurity at birth, which could have been prevented. 54. As a further result of defendants' tortious conduct, Taylor Maher has suffered and will continue to suffer, severe physical pain, mental suffering, physical disability and disfigurement, depression, mental distress and anguish and severe shock to her nerves and nervous system. 55. As a further result of defendants' tortious conduct, Taylor Maher has suffered economic losses in the form of permanent impairment of earning capacity and she will continue to suffer such loss for an indefinite time. 56. As a further result of defendants' tortious conduct, Taylor Maher has been unable to attend to her usual activities and she will continue to be unable to do so for an indefinite time. 57. As a further result of defendants' tortious conduct, Taylor Maher has suffered a significant loss in her enjoyment of the pleasures of life and will continue to suffer such loss for an indefinite time. 58. As a further result of defendants' tortious conduct, plaintiff has incurred significant expenses for medical treatment, medical consultations, rehabilitation and other related expenses in an effort to treat the minor-plaintiff's condition and to maximize her rehabilitation, and she will continue to -13- incur such expenses for an indefinite time. WHEREFORE, plaintiffs demand judgment against defendants, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs and damages for prejudgment delay. COUNT IV Plaintiff v. Adib Najib Khouzami. M.D. 59. Paragraphs 1 through 58 are herein incorporated by reference as though fully set forth at length herein. 60. The negligence of defendant, Dr. Khouzami, in his individual capacity and in his capacity as actual or ostensible agents, servants and/or employees of defendants, Conemaugh and/or Conemaugh OB GYN Associates, consisted of the following: (a) failing to provide emergent medical care to Jessica Pfuhl on September 15, 2001 when she presented to the Labor & Delivery unit at Conemaugh Memorial Medical Center; (b) delaying for an inordinate period of time to tend to Jessica Pfuhl; (c) failing to timely assess Jessica Pfuhl's medical condition when she presented to the Labor & Delivery unit; (d) failing to appreciate the emergent need of Jessica Pfuhl's condition; (e) failing to timely respond to the numerous pages requesting that care be provided to Jessica Pfuhl; (f) failing to instruct the nurses and medical staff to provide interim medical care to Jessica Pfuhl; (g) failing to inquire into Jessica Pfuhl's condition during the time period in which he was being paged; and (h) failing to ensure that medical patients were not left unattended for an inordinate period of time while in the Labor & Delivery unit. -14- 61. As a result of the tortious conduct of the defendants, as more particularly hereinafter set forth, Taylor Maher has suffered and continues from injuries which are serious and permanent in nature including, but not limited to, significant and profound physical and mental developmental delay due to severe prematurity at birth, which could have been prevented. 62. As a further result of defendants' tortious conduct, Taylor Maher has suffered and will continue to suffer, severe physical pain, mental suffering, physical disability and disfigurement, depression, mental distress and anguish and severe shock to her nerves and nervous system. 63. As a further result of defendants' tortious conduct, Taylor Maher has suffered economic losses in the form of permanent impairment of earning capacity and she will continue to suffer such loss for an indefinite time. 64. As a further result of defendants' tortious conduct, Taylor Maher has been unable to attend to her usual activities and she will continue to be unable to do so for an indefinite time. 65. As a further result of defendants' tortious conduct, Taylor Maher has suffered a significant loss in her enjoyment of the pleasures of life and will continue to suffer such loss for an indefinite time. 66. As a further result of defendants' tortious conduct, plaintiff has incurred significant expenses for medical treatment, medical consultations, rehabilitation and other related expenses in an effort to treat the minor-plaintiff's condition and to maximize her rehabilitation, and she will continue to incur such expenses for an indefinite time. WHEREFORE, plaintiffs demand judgment against defendants, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs and damages for prejudgment delay. -15- !COUNT V Plaintiff v. Conemaugh OB GYN Associates 67. Paragraphs 1 through 66 are herein incorporated by reference as though fully set forth at length herein. 68. The negligence of defendant, Conemaugh OB GYN Associates acting through its actual or ostensible agents, servants and/or employees consisted of the following: (a) failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to properly interpret, identify and respond to Jessica Pfuhl's medical condition including pre- term labor; (b). failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to conduct appropriate examinations of Jessica Pfuhl to formulate an appropriate diagnosis of her medical condition; (c). failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to conduct appropriate examinations and/or tests of Jessica Pfuhl to formulate an appropriate diagnosis of her medical condition; (d). failure to create and implement a training program designed to insure that all labor and delivery patients of Conemaugh receive accepted and standard medical care by the assigned nursing staff and physicians; (e). assigning physicians and nurses to care for patients of the labor and delivery unit of Conemaugh who are not qualified to rendered standard and acceptable medical care; (f) failing to adequately staff the labor and delivery unit to ensure that patients of Conemaugh receive timely medical care, particularly on an emergent basis; (g), failing to adopt and/or enforce adequate rules, policies and procedures in order to assure that physicians, nurses and other healthcare providers who are not competent to render care and treatment to its patients are not allowed to practice within its facilities; (h). failing to adopt and/or enforce adequate rules, policies and procedures to assure that adequate steps are taken to prevent injuries to patients such as the plaintiff, -16- (i) failing to provide emergent medical care to Jessica Pfuhl on September 15, 2001 when she presented to the Labor & Delivery unit at Conemaugh Memorial Medical Center; 6) delaying for an inordinate period of time to tend to Jessica Pfuhl; (k) failing to timely assess Jessica Pfuhl's medical condition when she presented to the Labor & Delivery unit; (1) failing to appreciate the emergent need of Jessica Pfuhl's condition; (m) failing to timely respond to the numerous pages requesting that care be provided to Jessica Pfuhl; (n) failing to instruct the nurses and medical staff to provide interim medical care to Jessica Pfuhl; (o) failing to inquire into Jessica Pfuhl's condition during the time period in which he was being paged; and (p) failing to ensure that medical patients were not left unattended for an inordinate period of time while in the Labor & Delivery unit. 69. As a result of the tortious conduct of the defendants, as more particularly hereinafter set forth, Taylor Maher has suffered and continues from injuries which are serious and permanent in nature including, but not limited to, significant and profound physical and mental developmental delay due to severe prematurity at birth, which could have been prevented. 70. As a further result of defendants' tortious conduct, Taylor Maher has suffered and will continue to suffer, severe physical pain, mental suffering, physical disability and disfigurement, depression, mental distress and anguish and severe shock to her nerves and nervous system. 71. As a further result of defendants' tortious conduct, Taylor Maher has suffered economic losses in the form of permanent impairment of earning capacity and she will continue to suffer such loss for an indefinite time. 72. As a further result of defendants' tortious conduct, Taylor Maher has been unable to -17- attend to her usual activities and she will continue to be unable to do so for an indefinite time. 73. As a further result of defendants' tortious conduct, Taylor Maher has suffered a significant loss in her enjoyment of the pleasures of life and will continue to suffer such loss for an indefinite time. 74. As a further result of defendants' tortious conduct, plaintiff has incurred significant expenses for medical treatment, medical consultations, rehabilitation and other related expenses in an effort to treat the minor-plaintiff's condition and to maximize her rehabilitation, and she will continue to incur such expenses for an indefinite time. WHEREFORE, plaintiffs demand judgment against defendants, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs and damages for prejudgment delay. COUNT VI Plaintiff v. Conemaugh Health System. Inc. 75. Plaintiffs incorporate by reference paragraphs 1-74 above, as though set forth at length herein. 76. The negligent and careless conduct of defendant Conemaugh Health System, Inc. acting through its agents, servants and/or employees, consisted of the following: (a). failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to properly interpret, identify and respond to Jessica Pfuhl's medical condition including pre- term labor; (b). failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to conduct appropriate examinations of Jessica Pfuhl to formulate an appropriate diagnosis of her medical condition; (c). failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to conduct -18- appropriate examinations and/or tests of Jessica Pfuhl to formulate an appropriate diagnosis of her medical condition; (d). failure to create and implement a training program designed to insure that all labor and delivery patients of Conemaugh receive accepted and standard medical care by the assigned nursing staff and physicians; (e). assigning physicians and nurses to care for patients of the labor and delivery unit of Conemaugh who are not qualified to rendered standard and acceptable medical care; (f) failing to adequately staff the labor and delivery unit to ensure that patients of Conemaugh receive timely medical care, particularly on an emergent basis; (g). failing to adopt and/or enforce adequate rules, policies and procedures in order to assure that physicians, nurses and other healthcare providers who are not competent to render care and treatment to its patients are not allowed to practice within its facilities; (h). failing to adopt and/or enforce adequate rules, policies and procedures to assure that adequate steps are taken to prevent injuries to patients such as the plaintiff; (i) failing to provide emergent medical care to Jessica Pfuhl on September 15, 2001 when she presented to the Labor & Delivery unit at Conemaugh Memorial Medical Center; 0) delaying for an inordinate period of time to tend to Jessica Pfuhl; (k) failing to timely assess Jessica Pfuhl's medical condition when she presented to the Labor & Delivery unit; (1) failing to appreciate the emergent need of Jessica Pfuhl's condition; (m) failing to timely respond to the numerous pages requesting that care be provided to Jessica Pfuhl; (n) failing to instruct the nurses and medical staff to provide interim medical care to Jessica Pfuhl; (o) failing to inquire into Jessica Pfuhl's condition during the time period in which he was being paged; and (p) failing to ensure that medical patients were not left unattended for an inordinate period of time while in the Labor & Delivery unit. -19- 77. As a result of the tortious conduct of the defendants, as more particularly hereinafter set forth, Taylor Maher has suffered and continues from injuries which are serious and permanent in nature including, but not limited to, significant and profound physical and mental developmental delay due to severe prematurity at birth, which could have been prevented. 78. As a further result of defendants' tortious conduct, Taylor Maher has suffered and will continue to suffer, severe physical pain, mental suffering, physical disability and disfigurement, depression, mental distress and anguish and severe shock to her nerves and nervous system. 79.. As a further result of defendants' tortious conduct, Taylor Maher has suffered economic losses in the form of permanent impairment of earning capacity and she will continue to suffer such loss for an indefinite time. 80. As a further result of defendants' tortious conduct, Taylor Maher has been unable to attend to her usual activities and she will continue to be unable to do so for an indefinite time. 81. As a further result of defendants' tortious conduct, Taylor Maher has suffered a significant loss in her enjoyment of the pleasures of life and will continue to suffer such loss for an indefinite time. 82. As a further result of defendants' tortious conduct, plaintiff has incurred significant expenses for medical treatment, medical consultations, rehabilitation and other related expenses in an effort to treat the minor-plaintiff's condition and to maximize her rehabilitation, and she will continue to incur such expenses for an indefinite time. WHEREFORE, plaintiffs demand judgment against defendants, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs and damages for prejudgment delay. -20- COUNT VII Plaintiff v. Conemaughh Memorial Medical Center 83. Plaintiffs incorporate by reference paragraphs 1-82 above, as though set forth at length herein. 84. The negligent and careless conduct of defendant Conemaugh Memorial Medical Center acting through its agents, servants and/or employees, consisted of the following: (a). failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to properly interpret, identify and respond to Jessica Pfuhl's medical condition including pre- term labor; (b). failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to conduct appropriate examinations of Jessica Pfuhl to formulate an appropriate diagnosis of her medical condition; (c). failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to conduct appropriate examinations and/or tests of Jessica Pfuhl to formulate an appropriate diagnosis of her medical condition; (d). failure to create and implement a training program designed to insure that all labor and delivery patients of Conemaugh receive accepted and standard medical care by the assigned nursing staff and physicians; (e). assigning physicians and nurses to care for patients of the labor and delivery unit of Conemaugh who are not qualified to rendered standard and acceptable medical care; (f) failing to adequately staff the labor and delivery unit to ensure that patients of Conemaugh receive timely medical care, particularly on an emergent basis; (g). failing to adopt and/or enforce adequate rules, policies and procedures in order to assure that physicians, nurses and other healthcare providers who are not competent to render care and treatment to its patients are not allowed to practice within its facilities; (h). failing to adopt and/or enforce adequate rules, policies and procedures to assure that adequate steps are taken to prevent injuries to patients such as the plaintiff; -21- (i) failing to provide emergent medical care to Jessica Pfuhl on September 15, 2001 when she presented to the Labor & Delivery unit at Conemaugh Memorial Medical Center; 6) delaying for an inordinate period of time to tend to Jessica Pfuhl; (k) failing to timely assess Jessica Pfuhl's medical condition when she presented to the Labor & Delivery unit; (1) failing to appreciate the emergent need of Jessica Pfuhl's condition; (m) failing to timely respond to the numerous pages requesting that care be provided to Jessica Pfuhl; (n) failing to instruct the nurses and medical staff to provide interim medical care to Jessica Pfuhl; (o) failing to inquire into Jessica Pfuhl's condition during the time period in which he was being paged; and (p) failing to ensure that medical patients were not left unattended for an inordinate period of time while in the Labor & Delivery unit. 85. As a result of the tortious conduct of the defendants, as more particularly hereinafter set forth, Taylor Maher has suffered and continues from injuries which are serious and permanent in nature including, but not limited to, significant and profound physical and mental developmental delay due to severe prematurity at birth, which could have been prevented. 86. As a further result of defendants' tortious conduct, Taylor Maher has suffered and will continue to suffer, severe physical pain, mental suffering, physical disability and disfigurement, depression, mental distress and anguish and severe shock to her nerves and nervous system. 87. As a further result of defendants' tortious conduct, Taylor Maher has suffered economic losses in the form of permanent impairment of earning capacity and she will continue to suffer such loss for an indefinite time. 88. As a further result of defendants' tortious conduct, Taylor Maher has been unable to -22- attend to her usual activities and she will continue to be unable to do so for an indefinite time. 89. As a further result of defendants' tortious conduct, Taylor Maher has suffered a significant loss in her enjoyment of the pleasures of life and will continue to suffer such loss for an indefinite time. 90. As a further result of defendants' tortious conduct, plaintiff has incurred significant expenses for medical treatment, medical consultations, rehabilitation and other related expenses in an effort to treat the minor-plaintiffs condition and to maximize her rehabilitation, and she will continue to incur such expenses for an indefinite time. WHEREFORE, plaintiffs demand judgment against defendants, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs and damages for prejudgment delay. SHRAGER S1pVEY & SACHS, P.C. 1 By: WAY SPIVEY STEV Nt' CHUNG Attor s for Plaintiffs -23- VERIFICATION Jessica Pfuhl hereby states that she is one of the plaintiffs in the foregoing action and that the foregoing averments in the Complaint are true and correct to the best of her knowledge, information and belief. The language of said averments is that of counsel and not of plaintiff. Plaintiff has read the Complaint and to the extent that it is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the language of the Complaint is that of counsel, she has relied upon counsel in making this verification. This Statement is made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. l VERIFICATION Jeremy Maher hereby states that he is one of the plaintiffs in the foregoing action and that the foregoing averments in the Complaint are true and correct to the best of his knowledge, information and belief. The language of said averments is that of counsel and not of plaintiff. Plaintiff has read the Complaint and to the extent that it is based upon information which she has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the language of the Complaint is that of counsel, he has relied upon counsel in making this verification. This Statement is made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. REMY MAHER v' MICHAEL W. MCGUCKIN, ESQUIRE I.D. No. 49464 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3515 Attorney for Defendants TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs, V. GEORGE E. JEFFERIES, M.D., SAMBHU N. KUNDU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC., ADIB NAJIB KHOUZAMI, M.D. CONEMAUGH OB GYN ASSOCIATES, CONEMAUGH HEALTH SYSTEM, INC., and CONEMAUGH MEMORIAL HOSPITAL MEDICAL CENTER, Defendants CERTIFICATE OF SERVICE CUMBERLAND COUNTY COURT OF COMMON PLEAS No: 06-6421 CIVIL TERM JURY TRIAL DEMANDED The undersigned hereby certifies that a true and correct copy of the foregoing PRELIMINARY OBJECTIONS OF DEFENDANTS GEORGE E. JEFFERIES, M.D., SAMBHY N. KUNDU, M.D. AND CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC.'S TO PLAINTIFF'S COMPLAINT AND BRIEF IN SUPPORT THEREOF has been served upon the following known counsel of record this 23rd day of July, 2007, by: X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Hand Delivery Overnight Mail Fax Transmission Electronic Mail at the following address(es) and/or number(s): Wayne R. Spivey, Esquire Shrager, Spivey & Sachs 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 John L. McIntyre, Esquire Michael A. Sosnowski, Esquire MCINTYRE, HARTYE & SCHMITT P.O. Box 533 Hollidaysburg, Pennsylvania 16648 Patricia Haas Corll, Esquire WEBER, GALLAGHER, SIMPSON, STAPLETON, FIRES AND NEWBY, LLP 800 North 3rd Street, 2nd Floor Harrisburg, Pennsylvania 17102 Aaron S. Jayman, Esquire Francis E. Marshall, Jr., Esquire DICKIE MCCAMEY 1200 Camp Hill Bypass, Suite 205 Camp Hill, Pennsylvania 17011-3700 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: CHAEL W. MCGUCKIN, ESQUIRE Attorney for Defendants W Shrager, Spivey & Sachs By: Wayne R. Spivey, Esquire/Steven L. Chung, Esquire Identification Numbers: 31017/78834 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs VS. GEORGE E. JEFFERIES, M.D.; KUNDU N. SAMBHU, M.D.; CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC.; ADIB NAJIB KHOUZAMI, M.D.; CONEMAUGH OB GYN ASSOCIATES; CONEMAUGH HEALTH SYSTEM, INC.; and CONEMAUGH MEMORIAL MEDICAL CENTER. Defendants. CUMBERLAND COUNTY COURT OF COMMONPLEAS : No.: 06-6421 Civil Term JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Steven L. Chung only on behalf of Plaintiffs. SHRAGER, SPIVEY & SACHS (? -- I STEVEN . C UN Shrager, Spivey & Sachs By: Wayne R. Spivey, Esquire/Steven L. Chung, Esquire Identification Numbers: 31017/78834 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through : CUMBERLAND COUNTY JESSICA PFUHL and JEREMY MAHER, her : COURT OF COMMONPLEAS parents and natural guardians, vs. GEORGE E. JEFFERIES, M.D.; KUNDU N. SAMBHU, M.D.; CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC.; ADIB NAJIB KHOUZAMI, M.D.; CONEMAUGH OB GYN ASSOCIATES; CONEMAUGH HEALTH SYSTEM, INC.; and CONEMAUGH MEMORIAL MEDICAL CENTER. : No.: 06-6421 Civil Term : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that on this 318` day of July, 2007, a true and correct copy of the Withdrawl of Appearance of Steven L. Chung was served via United States first-class mail, postage pre-paid, from Philadelphia to the following persons: Michael W. McGuckin Marshall, Dennehey, Warner Coleman & Goggin 4200 Crums NO Road, Suite B Harrisburg, PA 17112 Michael A. Sosnowski, Esquire McIntyre, Hartye & Schmitt P.O. Box 533 Hollidaysburg, PA 16648 Francis E. Marshall, Jr., Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 Patrick J. Stapleton, III, Esquire Patricia Haas Corll, Esquire Weber, Gallagher, Simpson, Stapleton, Fires & Newby 800 No. Yd Street, 2"d Floor Harrisburg, PA 17102 Shmger, Spivey & D. Houck, Paralegal -z1 -ra r? G Y?"' ? t !? ?' ,.may / 5 4 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the written matter for the next Argument Court. --------------------------------------------------------------------------------------------------------------------- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY CUMBERLAND COUNTY MAHER, her parents and natural guardians, COURT OF COMMONPLEAS V. Plaintiffs, GEORGE E. JEFFERIES, M.D., SAMBHU N. KUNDU, M.D., and No: 06-6421 CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC., CIVIL TERM ADIB NAJIB KHOUZAMI, M.D. CONEMAUGH OB GYN ASSOCIATES, CONEMAUGH HEALTH SYSTEM, INC., and CONEMAUGH MEMORIAL JURY TRIAL DEMANDED HOSPITAL MEDICAL CENTER, Defendants State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): PRELIMINARY OBJECTIONS OF DEFENDANTS DR. JEFFERIES, SAMBHU N. KUNDU, M.D., AND CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC.., TO PLAINTIFF'S COMPLAINT Identify counsel who will argue cases: (a) for plaintiff: Wayne R. Spivey, Esq., Shrager, Spivey & Sachs, 32nd floor, Two Commerce Square 2001 Market Street, Philadelphia, PA 19013 (Name and Address) (b) for defendant: Marshall, Dennehey, Warner, Coleman & Goggin, By: Craig A. Stone Esquire and Michael W. McGuckin, Esquire, 4200 Crums Mill Road, Suite B Harrisburg PA 17112 (Name and Address) I will notify all parties in writing within two days that this case has been listed for argument. Craig, A. Stone Print your name Date: 41 o-1 Michael W. McGuckin Print your name Attorneys for Defendants GEORGE E. JEFFERIES, M.D., SAMBHU N. KUNDU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. 4. Argument Court Date: -ion a?• ter: -7- Shrager, Spivey & Sachs By: Wayne R. Spivey/Christopher A. Bradley Identification Numbers: 31017/84818 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 Attorneys for Plaintiffs TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs VS. GEORGE E. JEFFERIES, M.D.; KUNDU N. SAMBHU, M.D.; CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC.; ADIB NAJIB KHOUZAMI, M.D.; CONEMAUGH OB GYN ASSOCIATES; CONEMAUGH HEALTH SYSTEM, INC.; and CONEMAUGH MEMORIAL MEDICAL CENTER. Defendants. CUMBERLAND COUNTY COURT OFCOMMONPLEAS : No.: 06-6421 Civil Term : JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as co-counsel for Plaintiffs in the above-captioned matter. Shrager, Spivey & Sachs Date: October 8, 2007 By: Christopher A. Bradley, Esquire Attorneys for Plaintiffs ' " . ? CO 1 r=y C . r . COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs vs. GEORGE E. JEFFERIES, M.D., KUNDU N. SAMBHU, M.D., CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC., ADIB NAJIB KHOUZAMI, M.D., CONEMAUGH OB GYN ASSOCIATES, CONEMAUGH HEALTH SYSTEM, INC., and CONEMAUGH MEMORIAL MEDICAL CENTER, Defendants JURY TRIAL DEMANDED I HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF THE WITHIN WAS MAILED TO ALL COUNSEL OF RECORD THIS 27TH DAY OF NOVEMBER, 2007. r?r Attorneys for Named Defendant No. 06 - 6421 ISSUE: Notice of Service of Answers to Plaintiffs' Supplemental Interrogatories - Set I Addressed to Conemaugh Health System, Inc. Filed on behalf of Defendant, CONEMAUGH HEALTH SYSTEM, INC. Counsel of Record: Michael A. Sosnowski, Esquire PA I . D. #67207 McINTYRE, HARTYE & SCHMITT P.O. Box 533 Hollidaysburg, PA 16648 (814) 696-3581 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TAYLOR MAHER, a minor, by and through No. 06 - 6421 JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs vs. GEORGE E. JEFFERIES, M.D., KUNDU N. SAMBHU, M.D., CENTRAL PENNSYLVANIA : OBSTETRICS-GYNECOLOGY, INC., ADIB NAJIB KHOUZAMI, M.D., CONEMAUGH OB GYN ASSOCIATES, CONEMAUGH HEALTH SYSTEM, INC., and CONEMAUGH MEMORIAL MEDICAL CENTER, Defendants JURY TRIAL DEMANDED NOTICE OF SERVICE OF ANSWERS TO PLAINTIFFS' SUPPLEMENTAL INTERROGATORIES - SET I ADDRESSED TO CONEMAUGH HEALTH SYSTEM INC. TO: PROTHONOTARY You are hereby notified that on the 27th day of November, 2007 defendant, Conemaugh Health System, Inc. served Answers to Plaintiffs' Supplemental Interrogatories - Set I Addressed to Conemaugh Health System, Inc., by mailing the original of same via First Class U.S. Mail, postage prepaid, addressed to the following: Wayne R. Spivey, Esquire Shrager, Spivey & Sachs 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, PA 19103 McINTYRE, HARTYE & SCHMITT By q??5? - - - IAJ:::?k Attorneys f4De da nt, Conemaugh Healthy System, Inc. Michael A. Sosnowski, Esquire PA ID # 67207 P.O. Box 533 Hollidaysburg, PA 16648 (814) 696-3581 (814) 696-9399 - Fax s Shrager, Spivey & Sachs By: Wayne R. Spivey/Christopher A. Bradley Identification Numbers: 31017/84818 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 Attorneys for Plaintiffs TAYLOR MAHER, a minor, by and through CUMBERLAND COUNTY JESSICA PFUHL and JEREMY MAHER, her : COURT OF COMMONPLEAS parents and natural guardians, Plaintiffs No.: 06-6421 Civil Term VS. GEORGE E. JEFFERIES, M.D.; JURY TRIAL DEMANDED KUNDU N. SAMBHU, M.D.; CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC.; ADIB NAJIB KHOUZAMI, M.D.; CONEMAUGH OB GYN ASSOCIATES; CONEMAUGH HEALTH SYSTEM, INC.; and CONEMAUGH MEMORIAL MEDICAL CENTER. : Defendants. PETITION TO WITHDRAW AS COUNSEL Wayne R. Spivey, Esquire, Christopher A. Bradley, Esquire, petitioners herein, request leave of court to withdraw as counsel of record for the plaintiffs and in support thereof, aver the following: 1. This medical negligence action arises out of care and treatment related to Jessica Pfuhl's prenatal care, labor and delivery of her daughter, Taylor Maher, who was alleged to have suffered developmental delays due to severe prematurity at birth. 2. On November 3, 2006, a Complaint was filed in the Cumberland County Court of Common Pleas, minor-plaintiff, Taylor Maher, by and through Jessica Pfuhl and Jeremy Maher, her S parents and natural guardians, and naming all apparently responsible healthcare providers as defendants. A copy of the Complaint is attached hereto as Exhibit "A". 3. Subsequently, on December 7, 2007, petitioner wrote to plaintiffs regarding this litigation, and informed plaintiffs that petitioner intended to withdraw as counsel of record in this matter; and inquiring of plaintiffs' intention to retain replacement counsel (since this letter contains confidential attorney-client privileged communications, a copy of this letter is not attached to the instant petition; however, counsel is prepared to produce the letter for the court's inspection, if necessary). Petitioner also agreed to meet with the plaintiffs and explain in detail why petitioner was seeking withdraw. 4. Plaintiffs did not respond to petitioner's December 7, 2007 correspondence. 5. On January 14, 2008, petitioner again wrote to plaintiffs indicating that a motion to withdraw as counsel would be filed in thirty days unless they either provided the name of another law firm who had agreed to take over the case or agreed to the dismissal of the action. 6. To date, plaintiffs have not responded to petitioner's correspondence or retained replacement counsel. 7. Petitioners can no longer proceed in their representation of plaintiffs due to irreconcilable differences between they and plaintiffs, as set forth in the aforementioned correspondence, those reasons having previously been explained to the plaintiffs. 8. The undersigned counsel seeks leave of Court to withdraw as counsel for plaintiffs. However, in order to protect plaintiffs' interest and afford new counsel (if any) time to familiarize him or herself with the file, petitioners further respectfully request that the court stay all further proceedings in this case for sixty (60) days, absent word from new counsel that a stay is not necessary. 9. Plaintiffs counsel has sought the concurrence of opposing counsel in filing the instant motion. Defense counsel would like to add a provision to the Order that upon the expiration of the proposed sixty (60) day stay, if plaintiffs do not locate new counsel this case will be dismissed upon application to the Court. Correspondence from counsel for Defendant, Conemaugh Health System, counsel for defendant Conemaugh Medical Center and counsel for defendant, Adib Najib Khouzami, M.D. is attached hereto as Exhibit "B". Counsel for Defendants, George E. Jefferies, M.D., Kundu N. Sambhu, M.D. and Central Pennsylvania Obstetrics- Gynecology, Inc. have not stated their concurrence or objection to this Petition. 10. This Petition seeking leave of court is filed in accordance with Rule 1012 of the Pennsylvania Rules of Civil Procedure. Pa. R.C.P. 1012 (b)(1) and 1012(c). 11. Upon information and belief, the current address for minor-plaintiff, Taylor Maher and her mother, Jessica Pfuhl, is 108 Fieldstone Avenue, Johnstown, Pennsylvania 15904 and her father, Jeremy T. Maher, is 244 Silver Spring Road, Mechanicsburg, Pennsylvania. 12. Pursuant to Rule 1012, a copy of this Petition has been served in the manner provided by Rule 440 upon Ms. Pfuhl, Mr. Maher and all counsel. A Certificate of Service is attached hereto. WHEREFORE, is it respectfully requested that this Honorable Court grant this Petition for Leave of Court to Withdraw as Counsel and staying all proceedings for sixty (60) days and enter the proposed order attached hereto. Date: March 13, 2008 By: Vayne Spivey, Esquire Attorney for Plaintiffs Shrager, Spivey & Sachs Christ er A. Bradley, Esquire Shrager, Spivey & Sachs By: Wayne R. Spivey/Christopher A. Bradley Attorneys for Plaintiffs Identification Numbers: 31017/84818 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through CUMBERLAND COUNTY JESSICA PFUHL and JEREMY MAHER, her : COURT OF COMMONPLEAS parents and natural guardians, Plaintiffs No.: 06-6421 Civil Term VS. GEORGE E. JEFFERIES, M.D.; JURY TRIAL DEMANDED KUNDU N. SAMBHU, M.D.; CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC.; ADIB NAJIB KHOUZAMI, M.D.; CONEMAUGH OB GYN ASSOCIATES; CONEMAUGH HEALTH SYSTEM, INC.; and CONEMAUGH MEMORIAL MEDICAL CENTER. : Defendants. CERTIFICATE OF SERVICE I, Wayne R. Spivey, hereby certify that a true and correct copy of Plaintiffs' Petition for Leave of Court to Withdraw as Counsel was served upon the following, via Federal Express, 2°d Day V4 Delivery, this /-3 day of March 2008: Ms. Jessica Pfuhl 108 Fieldstone Avenue Johnstown, PA 15904 E. Chandler Hosmer, Esquire Marshall, Dennehey, Warner Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Mr. Jeremy T. Maher 244 Silver Spring Road Mechanicsburg, PA 17050 Michael A. Sosnowski, Esquire McIntyre, Hartye & Schmitt P.O. Box 533 Hollidaysburg, PA 16648 Francis E. Marshall, Jr., Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 Patrick J. Stapleton, III, Esquire Weber, Gallagher, Simpson, Stapleton, Fires & Newby 800 No. 3`d Street, 2°d Floor Harrisburg, PA 17102 Shrager, Spivey & Sachs By: &--]Z /? . 4<-Aefn Wayne Spivey, Esquire Attornfor Plaintiffs VERIFICATION The undersigned counsel hereby states that the foregoing averments are true and correct to the best of his knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Shrager, Spivey & Sachs Date: March 13, 2008 BY: Wayne. Spivey Attor v for Plaintiffs Shrager, Spivey & Sachs By: Wayne R. Spivey, Esquire/Steven L. Chung, Esquire Identification Numbers: 31017/78834 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, 108 Fieldstone Avenue Johnstown, PA 15904 and 20 N. 12`h Street Lemoyne, PA 17043 Plaintiffs vs. GEORGE E. JEFFERIES, M.D., 890 Poplar Church Road Camp Hill, PA 17011 and KUNDU N. SAMBHU, M.D., 890 Poplar Church Road Camp Hill, PA 17011 and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC. 890 Poplar Church Road Camp Hill, PA 17011 and ADIB NAJIB KHOUZAMI, M.D. 1111 Franklin Street, Ste. 300 Johnstown, PA 15905 and CONEMAUGH OB GYN ASSOCIATES 1111 Franklin Street, Ste. 300 Johnstown, PA 15905 and CONEMAUGH HEALTH SYSTEM, INC. 1086 Franklin Street Johnstown, PA 15905 and CONEMAUGH MEMORIAL MEDICAL CENTER CUMBERLAND COUNTY COURT OF COMMONPLEAS CIVIL DIVISION :No. 0(10 U 1. : JURY TRIAL DEMANDED N C71 w :v r? n T tl •ti -1- 1086 Franklin Street Johnstown, PA 15905 Defendants. CIVIL ACTION COMPLAINT Plaintiffs, by their attorneys, Shrager, Spivey & Sachs, hereby demands damages of defendants herein, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest, costs, and damages for prejudgment delay upon causes of action whereof the following are statements: Plaintiffs, Taylor Maher, a minor, by and through Jessica Kuhl and Jeremy Maher, her parents and natural guardians, are citizens of the Commonwealth of Pennsylvania, residing therein at 108 Fieldstone Avenue, Johnstown, Pennsylvania and 20 N. 12`h Street, Lemoyne, Pennsylvania, respectively. 2. Defendant, George E. Jefferies, M.D., (hereinafter "Dr. Jefferies"), an adult individual, is a citizen and resident of the Commonwealth of Pennsylvania and at all times pertinent hereto had been engaged in the practice of medicine, with an office and place of business located therein at 890 Poplar Church Road in Camp Hill, County of Cumberland. Plaintiffs are asserted a professional liability claim against this defendant. 3. At all times pertinent hereto, Dr. Jefferies was engaged in the practice of medicine, pursing the specialty of obstetrics/gynecology, and was obliged to bring to bear in the practice of his profession the professional skills, knowledge, and experience which he possessed or was obliged to possess, and to pursue her profession in accordance with reasonably safe and acceptable standards of care, in general, and obstetrics/gynecology, in particular. 4. Defendant, Kundu N. Sambhu, M.D., (hereinafter "Dr. Sambhu"), an adult individual, is -2- a citizen and resident of the Commonwealth of Pennsylvania and at all times pertinent hereto had been engaged in the practice of medicine, with an office and place of business located therein at 890 Poplar Church Road in Camp Hill, County of Cumberland. Plaintiffs are asserted a professional liability claim against this defendant. 5. At all times pertinent hereto, Dr. Sambhu was engaged in the practice of medicine, pursing the specialty of obstetrics/gynecology, and was obliged to bring to bear in the practice of his profession the professional skills, knowledge, and experience which he possessed or was obliged to possess, and to pursue her profession in accordance with reasonably safe and acceptable standards of care, in general, and obstetrics/gynecology, in particular. 6. Defendant, Central Pennsylvania Obstetrics-Gynecology, Inc. (hereinafter "Central Pa. Ob-Gyn"), is an incorporated entity, organized and existing under the laws of Pennsylvania, with an office and place of business located therein at 890 Poplar Church Road in Camp Hill, County of Cumberland. Plaintiffs are asserted a professional liability claim against this defendant. 7. At all times pertinent hereto, Central Pa. Ob-Gyn acted through its agents, apparent agents, servants, and/or employees, including Dr. Jefferies and Dr. Sambhu, and was responsible for the care and treatment rendered to the plaintiffs. At all times pertinent hereto, the agents, servants, and/or employees of Central Pa. Ob-Gyn, heretofore and hereinafter identified, were acting within the course and scope of their employment, agency or apparent agency in conjunction with the care and treatment rendered to the plaintiffs, as described in detail below. 8. In addition to Dr. Jefferies and Dr. Sambhu, Central Pa. Ob-Gyn's agents, servants and employees included any other medical treatment providers employed by Central Pa. Ob-Gyn not specifically named herein nor readily identifiable in the medical records who rendered, or undertook to -3- render, medical care and treatment to the plaintiffs, as set forth below, including the nurses or administrative staff who cannot reasonably be identified from the records without conducting reasonable discovery. 9. Defendant, Adib Najib Khouzami, M.D., (hereinafter "Dr. Khouzami"), an adult individual, is a citizen and resident of the Commonwealth of Pennsylvania and at all times pertinent hereto had been engaged in the practice of medicine, with an office and place of business located therein at 1111 Franklin Street, Ste. 300, Johnstown, PA. Plaintiffs are asserted a professional liability claim against this defendant. 10. At all times pertinent hereto, Dr. Khouzami was engaged in the practice of medicine, pursing the specialty of obstetrics/gynecology, and was obliged to bring to bear in the practice of his profession the professional skills, knowledge, and experience which he possessed or was obliged to possess, and to pursue her profession in accordance with reasonably safe and acceptable standards of care, in general, and obstetrics/gynecology, in particular. 11. Defendant, Conemaugh OB GYN Associates, is a corporation, organized and operating under the laws of the Commonwealth of Pennsylvania, with a business address and regularly conducting business at 1111 Franklin Street, Ste. 300, Johnstown, Pennsylvania. Plaintiffs are asserting a professional liability claim against this defendant. 12. It is believed and therefore averred that at all times pertinent hereto, Dr. Khouzami was an owner, shareholder, officer, agent, servant and/or employee of Conemaugh OB GYN Associates. 13. The agents, servants and employees of Conemaugh OB GYN Associates included Dr. Khouzami, as well as any other medical treatment providers employed by Conemaugh OB GYN Associates who rendered, or undertook to render, medical care and treatment to Plaintiff, as described in -4- detail below. 14. Defendant, Conemaugh Health System, Inc. ("Conemaugh"), is a corporation, organized and operating under the laws of the Commonwealth of Pennsylvania, with a business address and regularly conducting business at 1086 Franklin Street, Johnstown, Pennsylvania. Plaintiffs are asserting a professional liability claim against this defendant. 15. At all times pertinent hereto, Defendant Conemaugh held itself out in the community as being a full service medical care institution, properly equipped and staffed, and rendering quality medical care, acting through its departments, medical groups, staff members and other agents, servants and employees. 16. Defendant, Conemaugh Memorial Medical Center ("Conemaugh"), is a corporation, organized and operating under the laws of the Commonwealth of Pennsylvania, with a business address and regularly conducting business at 1086 Franklin Street, Johnstown, Pennsylvania. Plaintiffs are asserting a professional liability claim against this defendant. 17. At all times pertinent hereto, Defendant Conemaugh held itself out in the community as being a full service medical care institution, properly equipped and staffed, and rendering quality medical care, acting through its departments, medical groups, staff members and other agents, servants and employees. 18. At all times pertinent hereto, Dr. Khouzami was appointed and held out by Defendants Conemaugh as a physician in the labor and delivery department and, in that capacity, was the actual and/or ostensible agent, apparent agent, servant or employee of defendants Conemaugh, particularly with respect to his duties and responsibilities for the treatment and care of plaintiff and her mother. 19. Additionally, the actual or ostensible agents, servants, and employees of defendants -5- Conemaugh included those individuals in the hospital's labor and delviery department who were responsible for the implementation and execution of medical care pertaining to Plaintiff and her mother. This allegation is meant to include any and all persons who were responsible for implementing and carrying out the physician orders pertaining to Plaintiff and her mother. 20. At all times pertinent hereto, Defendants had a medical treater/patient relationship with the plaintiff; said defendants rendered and/or undertook to render medical treatment and care to plaintiff, individually and/or acting through its actual or ostensible agents, servants and employees. Defendants therefore had a legal duty to render such medical treatment and care in accordance with accepted standards of medicine. FACTUAL BACKGROUND 21. In or around March/April of 2001, plaintiff, Jessica Pfuhl, became pregnant with her first child. 22. On March 25, 2001 and April 14, 2001, Jessica Pfuhl presented to the emergency room at Holy Spirit Hospital and a pelvic sonogram identified the presence of a bicornuate uterus. 23. In or around May of 2001, Ms. Pfuhl came under the care of Dr. Jefferies, Dr. Sambhu and Central Pa. Ob-Gyn. 24. On or about June 11, 2001 an ultrasound performed on Ms. Pfuhl, at twelve (12) weeks gestation showed the presence of a live intrauterine pregnancy in the right horn of a bicornuate uterus. No specific treatment was given with respect to this diagnosis. 25. On or about September 14, 2001, Ms. Pfuhl, at approximately twenty five (25) weeks gestation, presented to the offices of Central Pa. Ob-Gyn with complaints of pinkish vaginal discharge and suprapubic pressure. Dr. Jefferies made a diagnosis of probable urinary tract infection and started -6- Ms. Pfuhl on the antibiotic Macrobid. 26. During this office visit, Ms. Pfuhl informed Dr. Jefferies that she had plans to go to Johnstown, Pennsylvania for the weekend and asked him if there were any problems or concerns with her making this trip. 27. Dr. Jefferies approved Ms. Pfuhl's trip to Johnstown and scheduled her for an ultrasound to be performed at his office on September 17, 2001. 28. On or about the early morning hours of September 15, 2001, Ms. Pfuhl experienced sudden onset of vaginal bleeding and abdominal pain while in Johnstown. She went to Conemaugh Memorial Medical Center for emergency evaluation. 29. At Conemaugh Memorial Medical Center, Ms. Pfuhl was diagnosed at 10 centimeters dilated and placental abruption. 30. Dr. Khouzami was first beeped at 0210 hours. Repeated efforts to reach Dr. Khouzami took place every 5 to 10 minutes until he called in at 0232 hours. During that phone call, Dr. Khouzami was advised that Ms. Pfuul was in preterm labor at 26 weeks. She had a known history of bicomuate uterus. 31. An emergent cesarean section delivery was performed by Dr. Khoumazi at 0330 hours and Ms. Pfuhl delivered her daughter, Taylor Maher, a severely premature infant weighing 1 lb. 12 oz. at birth. 32. Taylor Maher was diagnosed with multiple complications associated with her premature delivery. 33. On or about October 14, 2001, Taylor Maher was transferred to Hershey Medical Center for patent ductus arteriosus ("PDA") repair surgery. 34. Following the PDA surgical repair, Taylor Maher remained at Hershey Medical Center -7- for several months for the management and treatment of the multiple complications associated with her premature delivery. COUNTI Plaintiff v. George E. Jeffries, M.D. 35. Paragraphs 1 through 34 are herein incorporated by reference as though fully set forth at length herein. 36. The negligence of defendant, Dr. Jefferies, in his individual capacity and in his capacity as actual or ostensible agents, servants and/or employees of defendant, Central Pa. Ob-Gyn, consisted of the following: (a) failing to perform an adequate physical examination on Jessica Pfuhl on September 14, 2001 when she presented with complaints of pinkish vaginal discharge and suprapubic pressure; (b) failing to take adequate steps to confirm or rule out the presumptive diagnosis of a urinary tract infection on September 14, 2001 when Jessica Pfuhl presented.with complaints of pinkish vaginal discharge and suprapubic pressure; (c) failing to rule out the diagnosis of preterm labor on September 14, 2001 when Jessica Pfuhl presented with complaints of pinkish vaginal discharge and suprapubic pressure; (d) failing to take adequate steps to prolong Jessica Pfuhl's pregnancy, which was an acknowledged high-risk pregnancy in light of her bicomuate uterus; (e) failing to take adequate steps to prevent Taylor Maher's premature delivery, which was an acknowledged high-risk pregnancy in light of Jessica Pfuhl's bicomuate uterus; (f) failing to take adequate steps to prevent injury to Taylor Maher as a result of her extremely premature delivery; (g) failing to consult with a perinatologist; (h) failing to inform Jessica Pfuhl of the risks associated with bicomuate uterus; and (1) failing to admit Jessica Pfuhl into the hospital for observation and testing. -8- i 37. As a result of the tortious conduct of the defendants, as more particularly hereinafter set forth, Taylor Maher has suffered and continues from injuries which are serious and permanent in nature including, but not limited to, significant and profound physical and mental developmental delay due to severe prematurity at birth, which could have been prevented. 38. As a further result of defendants' tortious conduct, Taylor Maher has suffered and will continue to suffer, severe physical pain, mental suffering, physical disability and disfigurement, depression, mental distress and anguish and severe shock to her nerves and nervous system. 39. As a further result of defendants' tortious conduct, Taylor Maher has suffered economic losses in the form of permanent impairment of earning capacity and she will continue to suffer such loss for an indefinite time. 40. As a further result of defendants' tortious conduct, Taylor Maher has been unable to attend to her usual activities and she will continue to be unable to do so for an indefinite time. 41. As a further result of defendants' tortious conduct, Taylor Maher has suffered a significant loss in her enjoyment of the pleasures of life and will continue to suffer such loss for an indefinite time. 42. As a further result of defendants' tortious conduct, plaintiff has incurred significant expenses for medical treatment, medical consultations, rehabilitation and other related expenses in an effort to treat the minor-plaintiff's condition and to maximize her rehabilitation, and she will continue to incur such expenses for an indefinite time. WHEREFORE, plaintiffs demand judgment against defendants, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs and damages for prejudgment delay. -9- COUNT II Plaintiff v. Kundu N. Sambhu, M.D. 43. Paragraphs 1 through 42 are herein incorporated by reference as though fully set forth at length herein. 44. The negligence of defendant, Dr. Sambhu, in his individual capacity and in his capacity as actual or ostensible agents, servants and/or employees of defendant, Central Pa. Ob-Gyn, consisted of the following: (a) failing to perform an adequate physical examination on Jessica Kuhl on September 14, 2001 when she presented with complaints of pinkish vaginal discharge and suprapubic pressure; (b) failing to take adequate steps to confirm or rule out the presumptive diagnosis of a urinary tract infection on September 14, 2001 when Jessica Pfuhl presented with complaints of pinkish vaginal discharge and suprapubic pressure; (c) failing to rule out the diagnosis of preterm labor on September 14, 2001 when Jessica Pfuhl presented with complaints of pinkish vaginal discharge and suprapubic pressure; (d) failing to take adequate steps to prolong Jessica Pfuhl's pregnancy, which was an acknowledged high-risk pregnancy in light of her bicornuate uterus; (e) failing to take adequate steps to prevent Taylor Maher's premature delivery, which was an acknowledged high-risk pregnancy in light of Jessica Pfuhl's bicornuate uterus; (f) failing to take adequate. steps_to prevent injury to Taylor Maher as a result of her extremely premature delivery; (g) failing to consult with a perinatologist; (h) failing to inform Jessica Pfuhl of the risks associated with bicornuate uterus; and (i) failing to admit Jessica Kuhl into the hospital for observation and testing. 45. As a result of the tortious conduct of the defendants, as more particularly hereinafter set forth, Taylor Maher has suffered and continues from injuries which are serious and permanent in nature -10- including, but not limited to, significant and profound physical and mental developmental delay due to severe prematurity at birth, which could have been prevented. 46. As a further result of defendants' tortious conduct, Taylor Maher has suffered and will continue to suffer, severe physical pain, mental suffering, physical disability and disfigurement, depression, mental distress and anguish and severe shock to her nerves and nervous system. 47. As a further result of defendants' tortious conduct, Taylor Maher has suffered economic losses in the form of permanent impairment of earning capacity and she will continue to suffer such loss for an indefinite time. 48. As a further result of defendants' tortious conduct, Taylor Maher has been unable to attend to her usual activities and she will continue to be unable to do so for an indefinite time. 49. As a further result of defendants' tortious conduct, Taylor Maher has suffered a significant loss in her enjoyment of the pleasures of life and will continue to suffer such loss for an indefinite time. 50. As a further result of defendants' tortious conduct, plaintiff has incurred significant expenses for medical treatment, medical consultations, rehabilitation and other related expenses in an effort to treat the minor-plaintiff's condition and to maximize her rehabilitation, and she will continue to incur such expenses for an indefinite time. WHEREFORE, plaintiffs demand judgment against defendants, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs and damages for prejudgment delay. -11- J a COUNT III Plaintiff v. Central Pa. Ob-Gyn 51. Paragraphs 1 through 50 are here incorporated by reference as though fully set forth at length herein. 52. The negligence of defendant, Central Pa. Ob-Gyn, acting through its actual or ostensible agents, servants and/or employees, consisted of the following: (a) failing to perform an adequate physical examination on Jessica Pfuhl on September 14, 2001 when she presented with complaints of pinkish vaginal discharge and suprapubic pressure; (b) failing to take adequate steps to confirm or rule out the presumptive diagnosis of a urinary tract infection on September 14, 2001 when Jessica Pfuhl presented with complaints of pinkish vaginal discharge and suprapubic pressure; (c) failing to rule out the diagnosis of preterm labor on September 14, 2001 when Jessica Pfuhl presented with complaints of pinkish vaginal discharge and suprapubic pressure; (d) failing to take adequate steps to prolong Jessica Pfuhl's pregnancy, which was an acknowledged high-risk pregnancy in light of her bicomuate uterus; (e) failing to take adequate steps to prevent Taylor Maher's premature delivery, which was an acknowledged high-risk pregnancy in light of Jessica Pfuhl's bicornuate uterus; (f) failing to take adequate steps to prevent injury to Taylor Maher as a result of her extremely premature delivery; (g) failing to consult with a perinatologist; (h) failing to inform Jessica Pfuhl of the risks associated with bicornuate uterus; (i) failing to admit Jessica Pf ihl into the hospital for observation and testing; (j) failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to provide proper medical care to Jessica Pfuhl and Taylor Maher; (k). assigning physicians to care for patients who are not qualified to rendered -12- standard and acceptable medical care; (1). failing to adopt and/or enforce adequate rules, policies and procedures in order to assure that physicians, nurses and other healthcare providers who are not competent to render care and treatment to its patients are not allowed to practice within its facilities; and (m). failing to adopt and/or enforce adequate rules, policies and procedures to assure that adequate steps are taken to prevent injuries to patients such as the plaintiff. 53. As a result of the tortious conduct of the defendants, as more particularly hereinafter set forth, Taylor Maher has suffered and continues from injuries which are serious and permanent in nature including, but not limited to, significant and profound physical and mental developmental delay due to severe prematurity at birth, which could have been prevented. 54. As a further result of defendants' tortious conduct, Taylor Maher has suffered and will continue to suffer, severe physical pain, mental suffering, physical disability and disfigurement, depression, mental distress and anguish and severe shock to her nerves and nervous system. 55. As a further result of defendants' tortious conduct, Taylor Maher has suffered economic losses in the form of permanent impairment of earning capacity and she will continue to suffer such loss for an indefinite time. 56. As a further result of defendants' tortious conduct, Taylor Maher has been unable to attend to her usual activities and she will continue to be unable to do so for an indefinite time. 57. As a further result of defendants' tortious conduct, Taylor Maher has suffered a significant loss in her enjoyment of the pleasures of life and will continue to suffer such loss for an indefinite time. 58. As a further result of defendants' tortious conduct, plaintiff has incurred significant expenses for medical treatment, medical consultations, rehabilitation and other related expenses in an effort to treat the minor-plaintiff's condition and to maximize her rehabilitation, and she will continue to -13- incur such expenses for an indefinite time. WHEREFORE, plaintiffs demand judgment against defendants, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs and damages for prejudgment delay. COUNT IV Plaintiff v. Adib Najib Khouzami. M.D. 59. Paragraphs 1 through 58 are herein incorporated by reference as though fully set forth at length herein. 60. The negligence of defendant, Dr. Khouzami, in his individual capacity and in his capacity as actual or ostensible agents, servants and/or employees of defendants, Conemaugh and/or Conemaugh OB GYN Associates, consisted of the following: (a) failing to provide emergent medical care to Jessica Pfuhl on September 15, 2001 when she presented to the Labor & Delivery unit at Conemaugh Memorial Medical Center; (b) delaying for an inordinate period of time to tend to Jessica Pfuhl; (c) failing to timely assess Jessica Pfuhl's medical condition when she presented to the Labor & Delivery unit; (d) failing to appreciate the emergent need of Jessica Pfuhl's condition; (e) failing to timely respond to the numerous pages requesting that care be provided to Jessica Pfuhl; (f) failing to instruct the nurses and medical staff to provide interim medical care to Jessica Pfuhl; (g) failing to inquire into Jessica Pfuhl's condition during the time period in which he was being paged; and (h) failing to ensure that medical patients were not left unattended for an inordinate period of time while in the Labor & Delivery unit. -14- 61. As a result of the tortious conduct of the defendants, as more particularly hereinafter set forth, Taylor Maher has suffered and continues from injuries which are serious and permanent in nature including, but not limited to, significant and profound physical and mental developmental delay due to severe prematurity at birth, which could have been prevented. 62. As a further result of defendants' tortious conduct, Taylor Maher has suffered and will continue to suffer, severe physical pain, mental suffering, physical disability and disfigurement, depression, mental distress and anguish and severe shock to her nerves and nervous system. 63. As a further result of defendants' tortious conduct, Taylor Maher has suffered economic losses in the form of permanent impairment of earning capacity and she will continue to suffer such loss for an indefinite time. 64. As a further result of defendants' tortious conduct, Taylor Maher has been unable to attend to her usual activities and she will continue to be unable to do so for an indefinite time. 65. As a further result of defendants' tortious conduct, Taylor Maher has suffered a significant loss in her enjoyment of the pleasures of life and will continue to suffer such loss for an indefinite time. 66. As a further result of defendants' tortious conduct, plaintiff has incurred significant expenses for medical treatment, medical consultations, rehabilitation and other related expenses in an effort to treat the minor-plaintiff s condition and to maximize her rehabilitation, and she will continue to incur such expenses for an indefinite time. WHEREFORE, plaintiffs demand judgment against defendants, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs and damages for prejudgment delay. -15- COUNT V Plaintiff v. Conemaugh OB GYN Associates 67. Paragraphs 1 through 66 are herein incorporated by reference as though fully set forth at length herein. 68. The negligence of defendant, Conemaugh OB GYN Associates acting through its actual or ostensible agents, servants and/or employees consisted of the following: (a) failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to properly interpret, identify and respond to Jessica Pfuhl's medical condition including pre- term labor; (b). failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to conduct appropriate examinations of Jessica Pfuhl to formulate an appropriate diagnosis of her medical condition; (c). failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to conduct appropriate examinations and/or tests of Jessica Pfiahl to formulate an appropriate diagnosis of her medical condition; (d). failure to create and implement a training program designed to insure that all labor and delivery patients of Conemaugh receive accepted and standard medical care by the assigned nursing staff and physicians; (e). assigning physicians and nurses to care for patients of the labor and delivery unit of Conemaugh who are not qualified to rendered standard and acceptable medical care; (f) failing to adequately staff the labor and delivery unit to ensure that patients of Conemaugh receive timely medical care, particularly on an emergent basis; (g). failing to adopt and/or enforce adequate rules, policies and procedures in order to assure that physicians, nurses and other healthcare providers who are not competent to render care and treatment to its patients are not allowed to practice within its facilities; (h). failing to adopt and/or enforce adequate rules, policies and procedures to assure that adequate steps are taken to prevent injuries to patients such as the plaintiff; -16- (i) failing to provide emergent medical care to Jessica Pfuhl on September 15, 2001 when she presented to the Labor & Delivery unit at Conemaugh Memorial Medical Center; 0) delaying for an inordinate period of time to tend to Jessica Pfuhl; (k) failing to timely assess Jessica Pfuhl's medical condition when she presented to the Labor & Delivery unit; (1) failing to appreciate the emergent need of Jessica Pfuhl's condition; (m) failing to timely respond to the numerous pages requesting that care be provided to Jessica Pfuhl; (n) failing to instruct the nurses and medical staff to provide interim medical care to Jessica Pfuhl; (o) failing to inquire into Jessica Pfuhl's condition during the time period in which he was being paged; and (p) failing to ensure that medical patients were not left unattended for an inordinate period of time while in the Labor & Delivery unit. 69. As a result of the tortious conduct of the defendants, as more particularly hereinafter set forth, Taylor Maher has suffered and continues from injuries which are serious and permanent in nature including, but not limited to, significant and profound physical and mental developmental delay due to severe prematurity at birth, which could have been prevented. 70. As a further result of defendants' tortious conduct, Taylor Maher has suffered and will continue to suffer, severe physical pain, mental suffering, physical disability and disfigurement, depression, mental distress and anguish and severe shock to her nerves and nervous system. 71. As a further result of defendants' tortious conduct, Taylor Maher has suffered economic losses in the form of permanent impairment of earning capacity and she will continue to suffer such loss for an indefinite time. 72. As a further result of defendants' tortious conduct, Taylor Maher has been unable to -17- attend to her usual activities and she will continue to be unable to do so for an indefinite time. 73. As a further result of defendants' tortious conduct, Taylor Maher has suffered a significant loss in her enjoyment of the pleasures of life and will continue to suffer such loss for an indefinite time. 74. As a further result of defendants' tortious conduct, plaintiff has incurred significant expenses for medical treatment, medical consultations, rehabilitation and other related expenses in an effort to treat the minor-plaintiff's condition and to maximize her rehabilitation, and she will continue to incur such expenses for an indefinite time. WHEREFORE, plaintiffs demand judgment against defendants, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs and damages for prejudgment delay. COUNT VI Plaintiff v. Conemaugh Health System. Inc 75. Plaintiffs incorporate by reference paragraphs 1-74 above, as though set forth at length herein. 76. The negligent and careless conduct of defendant Conemaugh Health System, Inc. acting through its agents, servants and/or employees, consisted of the following: (a). failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to properly interpret, identify and respond to Jessica Pfuhl's medical condition including pre- term labor; (b). failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to conduct appropriate examinations of Jessica Pfuhl to formulate an appropriate diagnosis of her medical condition; (c). failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to conduct -18- appropriate examinations and/or tests of Jessica Pfuhl to formulate an appropriate diagnosis of her medical condition; (d). failure to create and implement a training program designed to insure that all labor and delivery patients of Conemaugh receive accepted and standard medical care by the assigned nursing staff and physicians; (e). assigning physicians and nurses to care for patients of the labor and delivery unit of Conemaugh who are not qualified to rendered standard and acceptable medical care; (f) failing to adequately staff the labor and delivery unit to ensure that patients of Conemaugh receive timely medical care, particularly on an emergent basis; (g). failing to adopt and/or enforce adequate rules, policies and procedures in order to assure that physicians, nurses and other healthcare providers who are not competent to render care and treatment to its patients are not allowed to practice within its facilities; (h). failing to adopt and/or enforce adequate rules, policies and procedures to assure that adequate steps are taken to prevent injuries to patients such as the plaintiff; (i) failing to provide emergent medical care to Jessica Pfuhl on September 15, 2001 when she presented to the Labor & Delivery unit at Conemaugh Memorial Medical Center; 0) delaying for an inordinate period of time to tend to Jessica Pfuhl; (k) failing to timely assess Jessica Pfuhl's medical condition when she presented to the Labor & Delivery unit; (1) failing to appreciate the emergent need of Jessica Pfuhl's condition; (m) failing to timely respond to the numerous pages requesting that care be provided to Jessica Pfuhl; (n) failing to instruct the nurses and medical staff to provide interim medical care to Jessica Pfuhl; (o) failing to inquire into Jessica Pfuhl's condition during the time period in which he was being paged; and (p) failing to ensure that medical patients were not left unattended for an inordinate period of time while in the Labor & Delivery unit. -19- 77. As a result of the tortious conduct of the defendants, as more particularly hereinafter set forth, Taylor Maher has suffered and continues from injuries which are serious and permanent in nature including, but not limited to, significant and profound physical and mental developmental delay due to severe prematurity at birth, which could have been prevented. 78. As a further result of defendants' tortious conduct, Taylor Maher has suffered and will continue to suffer, severe physical pain, mental suffering, physical disability and disfigurement, depression, mental distress and anguish and severe shock to her nerves and nervous system. 79. As a further result of defendants' tortious conduct, Taylor Maher has suffered economic losses in the form of permanent impairment of earning capacity and she will continue to suffer such loss for an indefinite time. 80. As a further result of defendants' tortious conduct, Taylor Maher has been unable to attend to her usual activities and she will continue to be unable to do so for an indefinite time. 81. As a further result of defendants' tortious conduct, Taylor Maher has suffered a significant loss in her enjoyment of the pleasures of life and will continue to suffer such loss for an indefinite time. 82. As a further result of defendants' tortious conduct, plaintiff has incurred significant expenses for medical treatment, medical consultations, rehabilitation and other related expenses in an effort to treat the minor-plaintiff's condition and to maximize her rehabilitation, and she will continue to incur such expenses for an indefinite time. WHEREFORE, plaintiffs demand judgment against defendants, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs and damages for prejudgment delay. -20- COUNT VII Plaintiff v. Conemaugh Memorial Medical Center 83. Plaintiffs incorporate by reference paragraphs 1-82 above, as though set forth at length herein. 84. The negligent and careless conduct of defendant Conemaugh Memorial Medical Center acting through its agents, servants and/or employees, consisted of the following: (a). failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to properly interpret, identify and respond to Jessica Pfuhl's medical condition including pre- term labor; (b). failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to conduct appropriate examinations of Jessica Pfuhl to formulate an appropriate diagnosis of her medical condition; (c). failing to select and retain only competent physicians, nurses and technicians, in particular physicians, nurses and technicians competent and able to conduct appropriate examinations and/or tests of Jessica Pfuhl to formulate an appropriate diagnosis of her medical condition; (d). failure to create and implement a training program designed to insure that all labor and delivery patients of Conemaugh receive accepted and standard medical care by the assigned nursing staff and physicians; (e). assigning physicians and nurses to care for patients of the labor and delivery unit of Conemaugh who are not qualified to rendered standard and acceptable medical care; (f) failing to adequately staff the labor and delivery unit to ensure that patients of Conemaugh receive timely medical care, particularly on an emergent basis; (g). failing to adopt and/or enforce adequate rules, policies and procedures in order to assure that physicians, nurses and other healthcare providers who are not competent to render care and treatment to its patients are not allowed to practice within its facilities; (h). failing to adopt and/or enforce adequate rules, policies and procedures to assure that adequate steps are taken to prevent injuries to patients such as the plaintiff, -21- (i) failing to provide emergent medical care to Jessica Pfuhl on September 15, 2001 when she presented to the Labor & Delivery unit at Conemaugh Memorial Medical Center; 0) delaying for an inordinate period of time to tend to Jessica Pfuhl; (k) failing to timely assess Jessica Pfuhl's medical condition when she presented to the Labor & Delivery unit; (1) failing to appreciate the emergent need of Jessica Pfuhl's condition; (m) failing to timely respond to the numerous pages requesting that care be provided to Jessica Pfuhl; (n) failing to instruct the nurses and medical staff to provide interim medical care to Jessica Pfuhl; (o) failing to inquire into Jessica Pfuhl's condition during the time period in which he was being paged; and (p) failing to ensure that medical patients were not left unattended for an inordinate period of time while in the Labor & Delivery unit. 85. As a result of the tortious conduct of the defendants, as more particularly hereinafter set forth, Taylor Maher has suffered and continues from injuries which are serious and permanent in nature including, but not limited to, significant and profound physical and mental developmental delay due to severe prematurity at birth, which could have been prevented. 86. As a further result of defendants' tortious conduct, Taylor Maher has suffered and will continue to suffer, severe physical pain, mental suffering, physical disability and disfigurement, depression, mental distress and anguish and severe shock to her nerves and nervous system. 87. As a further result of defendants' tortious conduct, Taylor Maher has suffered economic losses in the form of permanent impairment of earning capacity and she will continue to suffer such loss for an indefinite time. 88. As a further result of defendants' tortious conduct, Taylor Maher has been unable to -22- I #k attend to her usual activities and she will continue to be unable to do so for an indefinite time. 89. As a further result of defendants' tortious conduct, Taylor Maher has suffered a significant loss in her enjoyment of the pleasures of life and will continue to suffer such loss for an indefinite time. 90. As a further result of defendants' tortious conduct, plaintiff has incurred significant expenses for medical treatment, medical consultations, rehabilitation and other related expenses in an effort to treat the minor-plaintiff's condition and to maximize her rehabilitation, and she will continue to incur such expenses for an indefinite time. WHEREFORE, plaintiffs demand judgment against defendants, jointly and severally, for a sum in excess of Fifty Thousand Dollars ($50,000.00), together with interest, costs and damages for prejudgment delay. SHRAGER SPIVEY & SACHS, P.C. By: WAYN ?"r SPIVEY STE r?`L• CHUNG Attor s for Plaintiffs -23- VERIFICATION Jessica Pfuhl hereby states that she is one of the plaintiffs in the foregoing action and that the foregoing averments in the Complaint are true and correct to the best of her knowledge, information and belief. The language of said averments is that of counsel and not of plaintiff. Plaintiff has read the Complaint and to the extent that it is based upon information which she has given to her counsel, it is true and correct to the best of her knowledge, information and belief. To the extent that the language of the Complaint is that of counsel, she has relied upon counsel in making this verification. This Statement is made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. .- " JESS?CA P UHL t. VERIFICATION Jeremy Maher hereby states that he is one of the plaintiffs in the foregoing action and that the foregoing averments in the Complaint are true and correct to the best of his knowledge, information and belief. The language of said averments is that of counsel and not of plaintiff. Plaintiff has read the Complaint and to the extent that it is based upon information which she has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the language of the Complaint is that of counsel, he has relied upon counsel in making this verification. This Statement is made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. REMY MAHER Feb.28. 2008 1:09PM DICKIE McCAMEY 717 731 4803 No.8981 P. 1/1 261117 Aaron S. Jayman Attornesy-at-Law Admitted in PA I Dickie February 28, 2008 Via Facsimile (215) 5687495 Wayne R. Spivey, Esquire Shrager, Spivey & Sachs Two Commerce Square, 32nd Floor 2001 Market Street Philadelphia, PA 19103 RE: Maher v. Conemaugh Memorial Medical Center, et al. Docket No.: 06-6421 Our File No.: PA-261 (0051384.0302427) Dear Mr. Spivey: Direct Dial: 717-7314800 Direct Fax: 717.731-4803 aiayman@dmclaw.com 1 am in receipt of your draft Petition for Leave of Court to withdraw as counsel for Plaintiffs in the above-referenced matter. Please be advised that on behalf of Conemaugh Memorial Medical center, we will not oppose your Petition. I would suggest, however, that language be included in the Petition to indicate that upon the expiration of the proposed sixty (60) day stay, if Plaintiffs do not locate new counsel then this case will be dismissed upon application to the Court. As always, if you have any questions or comments, please do not hesitate to contact me or Mr. Marshall. Very truly yours, DICKIE, MCCAMEY & CHILCOTE, P.C. Aaro . yman ASJ/bac cc: Patricia Baas Coril, Esquire (Via Facsimile (717) 237-6949) Michael W. McGuckin, Esquire (Via Facsimile (717) 651-9630) John L. McIntyre, Esquire (Via Facsimile (814) 696-9399) Michael A. Sosnowski, Esquire (Via Facsimile (814) 696-9399) OKNIE, McCAMEY 6 CHILCOTE, P.C. 1 ATTORNEYS AT LAW MAIW717,7314100 FAX: 717.731.4103 Pmsburgh I Harrisburg I Philodelpha I Washirpton,D.C. 1!00 CAMP HILL BYPASS, SUITE 205 1 CAMP HILL, PA 170113700 I WWW,DAACLAW.COM bw loner i North Carolina I Ohio I West Virginia 02/28/20O E3 14:14 18146969399 MDHS LAW NIIIL?5 McIntyre, Hartye 1-k Schmitt . LAw onna s - . February 28, 008 PAGE 02/02 Our Reference: CHA 060 MH VIA FACSIMILE (215) 568-7495 Wayne R. Spivey, Esquire Shrager. Spivey & Sachs 32Ad Floor, Two Commerce square 2001 Market Street Philadelphia, PA 19103 Re: Taylor Maher, a minor, by and through Jessica Muhl and Jeremy Maher, her parents and natural guardi: tns vs. George E. Jefferies, M.D., Kundu N. Sambhu, M.D., Centre I Pennsylvania Obstetrics- Gynecology, Inc., Adib Najib Khouzarr I, M.D., Conemaugh Ob Gyn Associates, Conemaugh Health Systel n, Inc., and Conemaugh Memorial Medical Center No. 2006 - 6421 Cumberland County Dear Mr. Spivey: I received your draft Petition for Leave of Cou t to withdraw as counsel for Plaintiffs. I also received Aaron Jayman's fax letter of today sugfesting that language be included In the petition to indicate that, upon the expiration of the proposed sixty (60) day stay, if Plaintiffs do not locate new counsel, then the case will be dismiss A upon application to the Court. On behalf of Conemaugh'Health System, I do not oppose your Petition if that language Is added. Very truIv yours, r , W1 a Michael A. Sosnowski MAS cc: Patricia H. Corli, Esquire (Via Facsimile - f 717) 237-6949) Aaron S. Jayman, Esquire (Via Facsimile - (717) 731-4803) Michael W. McGuckln, Esquire (Via Facsimile - (717) 651-9630) Johri L Win" I Frank J. Hanye i Louis C, Schmitt, Jr. 1. -leather A. Harringtorl l : Michael .A S6anowski, P0: Box $33, Hollidaysburg, PA 16648 1 814-696-3581 l., -'ax 814-696-93991 'WrnhsiawCrlri .com MAR. 3. 2008 3; 58PM WEBER GALLAGHER SIMPSON WEBERGALLAGHER, SIMPSON STAPLETON FIRES &NEWBYLLP March 3, 2008 VIA ,Facsimile (215) 568-7495 Wayne 1L Spivey, Esquire Dirm Dial: Sbrager Spivey Sachs & Weinstock fta: pw_, Two Commerce Square 2001 Market St.-32nd fl. Philadelphia, Pa 19103 NO. 512 N, 1 237.6947 RE: Taylor Maher, a minor, et al. v, A.dib Najib Khouzami, M.D., e' aI. No.: 06-6421 Civil Term Insurer Claim Number: Our File Number: 0035074 Dear Mr. Spivey; I am in receipt of your draft Petition for Leave of Court to Withdraw as ( Plaintiffs. I have also received correspondence from Nk. Sosnovvsla and Mr. Jai with Mi. Jayman's language. I too, would like to add a provision be included in indicate that if upon expiration of the proposed sixty (60) days, Plaintiffs do not counsel, then this case may be dismissed with prejudice upon application to the t Given that additional language I do not oppose your Petition, Should questions please do not hesitate to contact the undersigned Very truly yours, PI3C/kw Patricia sus Cor . cc: Aaron Jayman, Esquire (via facsimile 717-7314803) Michael A. Sosaowski (via facsimile 814-696-9399) Michael McGuekin, Esquire (via facsimile 717-651-9630) PHILADELPEMA NEW YORK PITTSBURGH NEWARK HARRISBURG SCRAN'T'ON CHERR 800 North 3rd Street • 2nd Floor • Harrisburg, PA 17102 (717) 237-6940 - (717) 237-6949 (fax) v www.wglaw.com nsel from L I concur Petition to :ate new any RML LONDON ra TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs, V. GEORGE E. JEFFERIES, M.D., SAMBHU N. KUNDU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC., ADIB NAJIB KHOUZAMI, M.D. CONEMAUGH OB GYN ASSOCIATES, CONEMAUGH HEALTH SYSTEM, INC., and CONEMAUGH MEMORIAL HOSPITAL MEDICAL CENTER, Defendants STIPULATION OF COUNSEL CUMBERLAND COUNTY COURT OF COMMON PLEAS No: 06-6421 CIVIL TERM JURY TRIAL DEMANDED It is hereby stipulated by the undersigned counsel that paragraphs 52 0), (k), (1), and (m) of Plaintiffs Complaint are stricken. Plaintiffs claim against Central Pennsylvania Obstetrics- Gynecology, Inc. based upon its alleged vicarious liability for Drs. Jeffries and Kundu remains. LL Wayne R. Spivey, Esquire Chris A. Bradley, Esquire Shrager, Spivey & Sachs 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 Attorneys for Plaintiff M-61 I 1jFcL ,-`Michael W. McGuckin, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Attorney for Defendants George Jeffries, M.D.,Sambhu N. Kundu, M.D., and Central Pennsylvania Obstetrics-Gynecology, Inc. By: 311-7 1 aK cp ?:? TAYLOR MAHER, A MINOR, BY AND IN THE COURT OF COMMON PLEAS OF THROUGH JESSICA PFUHL AND CUMBERLAND COUNTY, PENNSYLVANIA JEREMY MAHER, HER PARENTS AND NATURAL GUARDIANS, PLAINTIFFS V. GEORGE E. JEFFERIES, M.D.; KUNDU N. SAMBHU, M.D., CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC.; ADIB NAJIB KHOUZAMI, M.D.; CONEMAUGH OB GYN ASSOCIATES; : CONEMAUGH HEALTH SYSTEM, INC.;: AND CONEMAUGH MEMORIAL MEDICAL CENTER, DEFENDANTS 06-6421 CIVIL TERM ORDER OF COURT AND NOW, this I 00A day of March, 2008, a Rule is entered against plaintiffs and defendants to show cause why plaintiffs' counsel should not be allowed to withdraw. Rule returnable by way of an answer within fifteen (15) days of service. I r? I ? - "', E=: (j 1 - vi bq a o I r, , ,Wayne R. Spivey, Esquire /E. Chandler Hosmer, Esquire ? Michael A. Sosnowski, Esquire /Patrick J. Stapleton, III, Esquire Francis E. Marshall, Jr., Esquire /Craig Stone, Esquire /Jeremy T. Maher 244 Silver Spring Road Mechanicsburg, PA 17050 ,Jessica Pfuhl 108 Fieldstone Avenue Johnstown, PA 15904 :sal cop ,'E s rn .21 CRAIG A. STONE, ESQUIRE I.D. No. 15907 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3515 Attorney for Defendants TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs, V. GEORGE E. JEFFERIES, M.D., SAMBHU N. KUNDU, M.D., and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC., ADIB NAJIB KHOUZAMI, M.D. CONEMAUGH OB GYN ASSOCIATES, CONEMAUGH HEALTH SYSTEM, INC., and CONEMAUGH MEMORIAL HOSPITAL MEDICAL CENTER, Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS No: 06-6421 CIVIL TERM JURY TRIAL DEMANDED RESPONSE OF DEFENDANTS GEORGE E. JEFFRIES, M.D., SAMBHU N KUNDU, M.D. AND CENTRAL PENNSYLVANIA OBSTETRICS/GYNECOLOGY INC. TO PLAINTIFF'S COUNSEL'S PETITION TO WITHDRAW AS COUNSEL AND NOW come the defendants, George E. Jeffries, M.D., Sambhu N. Kundu, M.D. and Central Pennsylvania Obstetrics/Gynecology, Inc. (hereinafter referred to as "Respondents") by their attorneys Marshall, Dennehey, Warner, Coleman & Goggin who respond to plaintiffs counsel's Petition to Withdraw as Counsel as follows: 1. - 2. Admitted. 3.- 7. After reasonable investigation, Respondents are without information or knowledge sufficient to form a belief as to the truth of the averments of the corresponding paragraph of plaintiffs counsel's Petition. 8. Admitted. s, 9. Denied. Rather, undersigned counsel for Respondents George E. Jeffries, M.D., Sambhu N. Kundu, M.D. and Central Pennsylvania Obstetrics/Gynecology, Inc. wrote to plaintiffs counsel on March 3, 2008 concurring in the Petition and asking that plaintiff be given sixty (60) days to retain new counsel, proceed pro se or discontinue the action. A copy of said letter is attached hereto, made a part hereof and marked as Exhibit A. 10. Admitted. 11. - 12. After reasonable investigation Respondents are without information or knowledge sufficient to form a belief as to the truth of the averments of the corresponding paragraphs. WHEREFORE, undersigned counsel for defendants George E. Jeffries, M.D., Sambhu N. Kundu, M.D. and Central Pennsylvania Obstetrics/Gynecology, Inc. concur in plaintiffs counsel's Petition. Respectfully submitted, COLgSA11Li I??G NEY, WARNER, By: CRAIGr A. SYO? ESQUIRE Attorney foq D endants CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Response to Plaintiffs Counsel' Petition to Withdraw has been served upon the following known counsel of record this 19th day of March, 2008, by: X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Hand Delivery Overnight Mail Fax Transmission Electronic Mail at the following address(es) and/or number(s): Wayne R. Spivey, Esquire Shrager, Spivey & Sachs 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 John L. McIntyre, Esquire Michael A. Sosnowski, Esquire MCINTYRE, HARTYE & SCHMITT P.O. Box 533 Hollidaysburg, Pennsylvania 16648 Patricia Haas Corll, Esquire Aaron S. Jayman, Esquire WEBER, GALLAGHER, SIMPSON, DICKIE MCCAMEY STAPLETON, FIRES AND NEWBY, LLP 1200 Camp Hill Bypass, Suite 205 800 North 3rd Street, 2°d Floor Camp Hill, Pennsylvania 17011-3700 Harrisburg, Pennsylvania 17102 MARSHALL, P?E N I COLEMANGGjY' WARNER, By: CRAIG A $TON4, ESQUIRE Attorney fok Defe dants 05/384805.0 (, ?j4- A REGIONAL DEFENSE LITIGATION LAW FIRM MARSHALL, DENNEHEY, WARNBR, COLEMAN 8 GocGiN A P R O F E S S I O N A L C O R P O R A T I O N www.n2mhalldemehey.com 4200 Crums Mill Road, Suite B - Harrisburg, PA 17112 (717) 651-3500 - Fax (717) 651-9630 Michael A. Sosnowski, Esquire McIntyre, Hartye & Schmitt PO Box 533 Hollidaysburg, PA 16648 DELAWARE Wilmington Omo Akron Direct Dial: 717-651-3502 Email: castone@mdwcg.com Chris A. Bradley, Esquire Shrager, Spivey & Sachs 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, PA 19103 Francis E. Marshall, Jr., Esquire Dickie McCamey 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA. 17011-3700 RE: Maher v Jefferies, et aL Cumb. Co. CCP No. 06-6421 MDWCG File No. 01012-00136.A55 Gentlemen: PRIvNSnvANIA Bethlehem Doylestown Erie Harrisburg King of Prussia Philadelphia Pittsburgh Scranton Williamsport NEW JERSEY Chesty Hill Roseland FLARmA Ft. Lauderdale Jacksonville Orlando Tampa Patrick J. Stapleton, III, Esquire WEBER, GALLAGHER, SIMPSON, STAPLETON, FIRES AND NEWBY, LLP 800 North 3rd Street, 2nd Floor Harrisburg, PA 17102 As you may know, Michael McGuckin recently resigned from our firm. Accordingly, I will be assuming the defense of Drs. Jeffries, Kundu and their group. My appearance has already been entered on the docket. Please direct future correspondence to me. We concur in plaintiffs counsel's Motion to Withdraw, but ask that plaintiff be given sixty (60) days to retain new counsel, proceed pro se or discontinue action. V9ty spy March 3, 2008 CAS/sad 05/380660.v1 r . TV n tai w ?: t 289937 DICKIE, MCCAMEY & CHILCOTE, P.C. BY Francis E. Marshall, Jr., Esquire ATTORNEY FOR: DEFENDANT ATTORNEY I.D. NO. 27594 CONEMAUGH MEMORIAL MEDICAL BY Aaron S. Jayman, Esquire CENTER ATTORNEY I.D. NO. 85651 1200 Camp 11111 Bypass, Suite 205 Camp Hill, PA 17011 (717)7314800 (Te1e) 717)7314803 Fax TAYLOR MAHER, A MINOR, BY AND IN THE COURT OF COMMON PLEAS THROUGH JESSICA PFUHL AND OF CUMBERLAND COUNTY, JEREMY MAHER, HER PARENTS AND PENNSYLVANIA NATURAL GUARDIANS, NO. 06-6421 Plaintiffs MEDICAL MALPRACTICE ACTION V. GEORGE E. JEFFERIES, M.D., KUNDU N. SAMBHU, M.D., CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC., ADIB NAJIB KHOUZAMI, M.D., CONEMAUGH OB GYN ASSOCIATES, CONEMAUGH HEALTH SYSTEM, INC., CONEMAUGH MEMORIAL MEDICAL CENTER, JURY TRIAL DEMANDED Defendants AND NOW, comes Defendant, Conemaugh Memorial Medical Center (hereinafter referred to as "Respondent") by and through its counsel Dickie, McCamey & Chilcote, P.C. and responds to Plaintiffs' counsel's petition to withdraw as counsel as follows: 1. Admitted. 2. Admitted. 3. - 7. After reasonable investigation, Respondent is without information or knowledge sufficient to form a belief as to the truth of the averments of the corresponding paragraphs of Plaintiffs' counsel's petition. 8. Admitted. 9. Admitted. By way of further response, Respondent respectfully requests that upon the expiration of the proposed sixty (60) day stay, if Plaintiffs do not locate new counsel and this case will be dismissed upon application to the Court. 10. Admitted. IL-12. After reasonable investigation, Respondent is without information or knowledge sufficient to form a belief as to the truth of the averments of the corresponding paragraphs. WHEREFORE, Defendant, Conemaugh Memorial Medical Center concurs in Plaintiffs' counsel's petition so long as upon expiration of the proposed sixty (60) day stay, if Plaintiffs do not locate new counsel then this case will be dismissed upon application to the Court. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: March 2008 By: Francis E. M W60, Jr., Esquire ATTORNEY I.D. NO. 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 Defendant, Conemaugh Memorial Medical Center 2 CERTIFICATE OF SERVICE AND NOW, March A,, 2008, 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: Wayne R. Spivey, Esquire SHRAGER, SPIVEY & SACHS Two Commerce Square, 32nd Floor 2001 Market Street Philadelphia, PA 19103 (Counsel for Plaintiff) Michael W. McGuckin, Esquire MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Counsel for George E. Jefferies, M.D., Kundu N. Sambhu, M.D. and Central Pennsylvania Obstetrics-Gynecology, Inc.) John L. McIntyre, Esquire Michael A. Sosnowski, Esquire MCINTYRE, HARTYE & SCHMITT P.O. Box 533 Hollidaysburg, PA 16648 (Counsel for Conemaugh OB GYN Associates, Conemaugh Health System, Inc.) Patricia Haas Corll, Esquire WEBER GALLAGHER SIMPSON STAPLETON, FIRES AND NEWBY, LLP 800 North 3rd Street, 2nd Floor Harrisburg, PA 17102 (Counsel for Adib Najib Khouzami, M.D.) Aar . a an, Esquire 4? r°? " ;°, ?:a t i ?' ? ? C"1 i -,?-r i r? j ,, ? ? .. ??, Shrager, Spivey & Sachs By: Wayne R. Spivey/Christopher A. Bradley Identification Numbers: 31017/84818 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs VS. GEORGE E. JEFFERIES, M.D.; KUNDU N. SAMBHU, M.D.; CENTRAL PENNSYLVANIA OBSTETRICS- Attorneys for Plaintiffs CUMBERLAND COUNTY COURT OF COMMON PLEAS : No.: 06-6421 Civil Term JURY TRIAL DEMANDED GYNECOLOGY, INC.; ADIB NAJIB KHOUZAMI, M.D.; CONEMAUGH OB GYN ASSOCIATES; CONEMAUGH HEALTH SYSTEM, INC.; and CONEMAUGH MEMORIAL MEDICAL CENTER. : Defendants. CERTIFICATE OF SERVICE I, Christopher A. Bradley, hereby certify that a true and correct copy of this Court's March 19, 2008 Order entering a Rule returnable by way of an answer within fifteen (15) days of service was served upon the following, via Federal Express, 2"d Day Delivery, this 25`'' day of March 2008: Ms. Jessica Pfuhl 108 Fieldstone Avenue Johnstown, PA 15904 Mr. Jeremy T. Maher 222 W. Simpson Street Mechanicsburg, PA 17055 upon the following, via telecopier transmission and first class mail this 25`h day of March 2008: Craig Stone, Esquire Michael A. Sosnowski, Esquire Marshall, Dennehey, Warner McIntyre, Hartye & Schmitt Coleman & Goggin P.O. Box 533 4200 Crums Mill Road, Suite B Hollidaysburg, PA 16648 Harrisburg, PA 17112 Francis E. Marshall, Jr., Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 Patrick J. Stapleton, III, Esquire Weber, Gallagher, Simpson, Stapleton, Fires & Newby 800 No. 3`d Street, 2nd Floor Harrisburg, PA 17102 Shrager, Spivey & Sachs By: ristopher A. Bradley Attorney for Plaintiffs WAYNE R. SPIVEY *ROBERT L. SACHS, JR. MICHAEL W. McGUCKIN * CHARLES J. GALVIN * CHRISTOPHER A. BRADLEY t VICTORIA J. KOURY Of Counsel Ms. Jessica Pfuhl 108 Fieldstone Avenue Johnstown, PA 15904 E. Chandler Hosmer, Esquire Marshall, Dennehey, Warner Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Francis E. Marshall, Jr., Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 TWO COMMERCE SQUARE 32nd FLOOR 2001 MARKET STREET PHILADELPHIA, PA 19103 (215) 568-7771 (215) 568-7495 tax www.shragerlaw.com DAVID S. SHRAGER 1935-2005 Mr. Jeremy T. Maher 222 W. Simpson Street Mechanicsburg, PA 17055 Michael A. Sosnowski, Esquire McIntyre, Hartye & Schmitt P.O. Box 533 Hollidaysburg, PA 16648 Patrick J. Stapleton, III, Esquire Weber, Gallagher, Simpson, Stapleton, Fires & Newby 800 No. 3`' Street, 2"a Floor Harrisburg, PA 17102 Re: Maher/ Pfuhl v. M.D., et al. CCP No. 06-6421 Civil Term Enclosed please find a copy of the Rule Returnable regarding our Petition to Withdraw as Counsel. All opposition to the Petition must be received by the Court no later than April 3, 2008. Very truly yours, (?N Christopher A. Bradley CAB\cdh Enclosure *also member New Jersey Bar Shrager Spivey Sachs ATTORNEYS AT L4W March 25, 2008 O talso member Colorado Bar 7 TAYLOR MAHER, A MINOR, BY AND IN THE COURT OF COMMON PLEAS OF THROUGH JESSICA PFUHL AND CUMBERLAND COUNTY, PENNSYLVANIA JEREMY MAHER, HER PARENTS AND NATURAL GUARDIANS, PLAINTIFFS V. GEORGE E. JEFFERIES, M.D.; KUNDU N. SAMBHU, M.D., CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC.; ADIB NAJIB KHOUZAMI, M.D.; CONEMAUGH OB GYN ASSOCIATES; : CONEMAUGH HEALTH SYSTEM, INC.;: AND CONEMAUGH MEMORIAL MEDICAL CENTER, DEFENDANTS 06-6421 CIVIL TERM ORDER OF COURT AND NOW, this '%N day of March, 2008, a Rule is entered against plaintiffs and defendants to show cause why plaintiffs' counsel should not be allowed to withdraw. Rule returnable by way of an answer within fifteen (15) days of service. Edgar B. ley, J Wayne R. Spivey, Esquire E. Chandler Hosmer, Esquire Michael A. Sosnowski, Esquire Patrick J. Stapleton, III, Esquire Francis E. Marshall, Jr., Esquire Craig Stone, Esquire Jeremy T. Maher 244 Silver Spring Road Mechanicsburg, PA 17050 Jessica Pfuhl 108 Fieldstone Avenue Johnstown, PA 15904 sal ?_ .-? ?? ? .? [a3 ?'; 1 C..> i _J. ?`'?? ?,? ?` ..P WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Leah M. Clark, Esquire ID# 207045 By: Patrick J. Stapleton, III, Esquire ID# 38057 800 North 3rd Street 2nd Floor Harrisburg, PA 17102 (717) 237-6940 Attorney for Defendant, Adib Najib Khouzami, M.D. TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians vs. GEORGE E. JEFFERIES, M.D., KUNDU N. SAMBHU, M.D., CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC., ADIB NAJIB KHOUZAMI, M.D. CONEMAUGH OB GYN ASSOCIATES. ET AL. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY 06-6421 Civil Term Jury trial demanded RESPONSE OF DEFENDANT, ADIB NAJIB KHOUZAMI, M.D. TO PLAINTIFFS' COUNSEL'S PETITION TO WITH AS COUNSEL AND NOW, comes Defendant, ADIB NAJIB KHOUZAMI, M.D. by and through his counsel WEBER, GALLAGHER, SIMPSON, STAPLETON, FIRES & NEWBY and responds to Plaintiffs' counsel's Petition to Withdraw as follows: 1. Admitted. 2. Admitted. 3-7. After resonable investigation, Respondent is without information or knowledge sufficient to form a belief as to the truth of the averments of the corresponding paragraphs of Plaintiffs' counsel's Petition. 8. Admitted. 9. Admitted. By way of father response, Respondent respectfully requests that upon expiration of the proposed sixty (60) day stay, if Plaintiffs do not locate new counsel, then this case will be dismissed upon application to the Court. 10. Admitted. 11-12. After reasonable investigation, Respondent is without information or knowledge sufficient to form a belief as to the truth of the averments of the corresponding paragraphs. WHEREFORE, Defendant, Adib Najib Khozami, M.D. concurs in Plaintiffs' counsel's Petition so long that it is ORDERED that upon expiration of the proposed sixty (60) day stay, if Plaintiffs do not locate new counsel, then this case will be dismissed upon application to the Court. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NE Y, LLP By: [Offk)K Leah M. Clark, Esquire Patrick J. Stapleton, Esquire Attorneys for Defendant, Adib Najib Khozami, M.D. Date: CERTIFICATE OF SERVICE I, Leah M. Clark, Esquire, hereby certify that a tru and correct copy of the foregoing has been furnished via U.S. Mail, postage prepaid this day of April, 2008 to: Wayne R. Spivey, Esquire Shrager Spivey Sachs & Weinstock Two Commerce Square 2001 Market St.32nd Fl. Philadelphia, Pa 19103 Michael A. Sosnowski, Esquire McIntyre, Dugas, Hartye & Schmitt P.O. Box 533, Hollidaysburg, PA 16648-0533 Aaron S. Jayman, Esq Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass Suite 205, Camp Hill, PA 17011 Craig A. Stone, Esquire Marshall Dennehey Warner Coleman & Goggin 4200 Crums Mill Road, Ste. B Harrisburg, PA 17112 caut, r Leah M. Clark, Esquire Patrick J. Stapleton, Esquire Attorneys for Defendant, Adib Najib Khozami, M.D. yy „/"(,P Xi 4*3 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs : No. 06 - 6421 ISSUE: RESPONSE OF DEFENDANT, CONEMAUGH HEALTH SYSTEM, INC. TO PLAINTIFFS' COUNSEL'S PETITION TO WITHDRAW AS COUNSEL vs. GEORGE E. JEFFERIES, M.D., KUNDU N. SAMBHU, M.D., CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC., ADIB NAJIB KHOUZAMI, M.D., CONEMAUGH OB GYN ASSOCIATES, CONEMAUGH HEALTH SYSTEM, INC., and CONEMAUGH MEMORIAL MEDICAL CENTER, Defendants Filed on behalf of Defendant, CONEMAUGH HEALTH SYSTEM, INC. Counsel of Record: Michael A. Sosnowski, Esquire PA I. D. #67207 McINTYRE, HARTYE & SCHMITT P.O. Box 533 Hollidaysburg, PA 16648 (814) 696-3581 JURY TRIAL DEMANDED I HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF THE WITHIN WAS MAILED TO ALL COUNSEL OF RECORD THIS 1ST DAY OF APRIL, 2008. ! ? ??_ J? go dt& - t Attorneys for Na ed Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TAYLOR MAHER, a minor, by and through No. 06 - 6421 JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs vs. GEORGE E. JEFFERIES, M.D., KUNDU N. SAMBHU, M.D., CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC., ADIB NAJIB KHOUZAMI, M.D., CONEMAUGH OB GYN ASSOCIATES, CONEMAUGH HEALTH SYSTEM, INC., and CONEMAUGH MEMORIAL MEDICAL CENTER, Defendants : JURY TRIAL DEMANDED Defendant, CONEMAUGH HEALTH SYSTEM, INC., through its counsel, McINTYRE, HARTYE & SCHMITT, responds to Plaintiffs' Counsel's Petition to Withdraw as Counsel as follows. 1. Admitted. 2. Admitted. 1-7. After reasonable investigation, this defendant is without information or knowledge sufficient to form a belief as to the truth of the averments in paragraphs 3 through 7 of Plaintiffs' Counsel's Petition. 8. Admitted. 9. Admitted. By way of additional response, this defendant respectfully requests that, upon the expiration of the proposed sixty (60) day stay, if plaintiffs do not locate new counsel this case will be dismissed upon application to the Court. 10. Admitted. 11.-12. After reasonable investigation, this defendant is without information or knowledge, sufficient to form a belief as to the truth of the averments of the corresponding paragraphs. WHEREFORE, defendant, Conemaugh Health System, Inc. concurs in plaintiffs' counsel's Petition so long as this case may be dismissed upon application to the Court if plaintiffs do not locate new counsel by the time of exploration for the proposed sixty (60) day stay. Respectfully submitted, McINTYRE, HARTYE & SCHMITT Attorneys for D fendant CONEMAUGH HEALTH STYSTEM, INC. Michael A. Sosnowski, Esquire PA ID# 67207 P.O. Box 533 Hollidaysburg, PA 16648 (814) 696-3581 (814) 696-9399 FAX COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL DIVISION TAYLOR MAHER, a minor, by and through No. 06 - 6421 JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs VS. GEORGE E. JEFFERIES, M.D., KUNDU N. SAMBHU, M.D., CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC., ADIB NAJIB KHOUZAMI, M.D., CONEMAUGH OB GYN ASSOCIATES, CONEMAUGH HEALTH SYSTEM, INC., and CONEMAUGH MEMORIAL MEDICAL CENTER, Defendants : JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2008, upon consideration of the Petition for Leave of Court to Withdraw as Counsel for Plaintiffs, it is hereby ordered that the Petition is Granted. It is further ordered that Wayne R. Spivey, Esquire, Christopher A. Bradley, Esquire and Shrager, Spivey & Sachs are granted leave to withdraw their appearance in this matter. It is further that all proceedings in this action are STAYED for a period of sixty (60) days from the date of this Order to provide plaintiffs with adequate time to obtain new counsel. It is further Ordered that, upon exploration of this sixty (60) days stay, if Plaintiffs have not located new counsel, this case will be dismissed upon application to the Court by any party. BY THE COURT: J. c 9 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Leah M Clark, Esquire ID# 207045 By: Patrick J. Stapleton, III, Esquire ID# 38057 800 North 3rd Street 2nd Floor Harrisburg, PA 17102 (717) 237-6940 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians vs. GEORGE E. JEFFERIES, M.D., KUNDU N. SAMBHU, M.D., CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC., ADIB NAJIB KHOUZAMI, M.D. CONEMAUGH OB GYN ASSOCIATES, ET AL. Attorney for Defendant, Adib Najib Khouzami, M.D. COURT OF COMMON PLEAS CUMBERLAND COUNTY 06-6421 Civil Term JURY TRIAL DEMANDED Entry of Appearance TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant, ADIB NAJIB KHOUZAMI, M.D. and withdraw the appearance of Patricia H. Corll. Patrick J. Stapleton, Esquire remains as an attorney of record. Respectfully submitted, Date: -qsl 6? WEBER GALLAGHER SIMPSON STAPLET N FIRES & NEWBY, LLP By: .i4A A e 0 &J-' Leah M. Clark, Esquire Patrick J. Stapleton, Esquire Attorneys for Defendant, Adib Najib Khozami, M.D. CERTIFICATE OF SERVICE I, Leah M. Clark, Esquire, hereby certify that a true and correct copy of the foregoing has been furnished via U.S. Mail, postage prepaid this day of April, 2008 to: Wayne R. Spivey, Esquire Shrager Spivey Sachs & Weinstock Two Commerce Square 2001 Market St.32nd Fl. Philadelphia, Pa 19103 Michael A. Sosnowski, Esquire McIntyre, Dugas, Hartye & Schmitt P.O. Box 533, Hollidaysburg, PA 16648-0533 Aaron S. Jayman, Esq Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass Suite 205, Camp Hill, PA 17011 Craig A. Stone, Esquire Marshall Dennehey Warner Coleman & Goggin 4200 Crums Mill Road, Ste. B Harrisburg, PA 17112 A? P. (0? Leah M. Clark, squire Patrick J. Stapleton, Esquire Attorneys for Defendant, Adib Najib Khozami, M.D. 1 TAYLOR MAHER, A MINOR, BY AND THROUGH JESSICA PFUHL AND JEREMY MAHER, HER PARENTS AND NATURAL GUARDIANS, Plaintiffs IIhR E7 POOt? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6421 MEDICAL MALPRACTICE ACTION V. GEORGE E. JEFFERIES, M.D., KUNDU N. SAMBHU, M.D., CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC., ADIB NAJIB KHOUZAMI, M.D., CONEMAUGH OB GYN ASSOCIATES, CONEMAUGH HEALTH SYSTEM, INC., CONEMAUGH MEMORIAL MEDICAL CENTER, JURY TRIAL DEMANDED Defendants ORDER AND NOW, this day of 1 , 2008, upon consideration of the Petition for Leave of Court to Withdraw as Counsel for Plaintiffs, it is hereby ORDERED that the Petition is GRANTED. It is further ORDERED that Wayne R. Spivey, Esquire, Christopher A. Bradley, Esquire and Shrager, Spivey & Sachs are granted leave to withdraw their appearance on this matter. It is further ORDERED that all proceedings in this action are stayed for a period of sixty (60) days from the date of this Order in order to provide Plaintiffs with adequate time to obtain new counsel. ft is faid "t-p-n-vxpiratiou of the ?:,,:! d. r rS '? ? ?, 19.?u CL ? t,? ? ?U V N Distribution Wayne R. Spivey, Esquire SHRAGER, SPIVEY & SACHS Two Commerce Square, 32nd Floor 2001 Market Street Philadelphia, PA 19103 (Counsel for Plaintiff) Michael W. McGuckin, Esquire MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Counsel for George E. Jefferies, M.D., Kundu N. Sambhu, M.D. and Central Pennsylvania Obstetrics-Gynecology, Inc.) John L. McIntyre, Esquire Michael A. Sosnowski, Esquire MCINTYRE, HARTYE & SCHMITT P.O. Box 533 Hollidaysburg, PA 16648 (Counsel for Conemaugh OB GYN Associates, Conemaugh Health System, Inc.) Patricia Haas Corll, Esquire WEBER GALLAGHER SIMPSON STAPLETON, FIRES AND NEWBY, LLP 800 North 3rd Street, 2nd Floor Harrisburg, PA 17102 (Counsel for Adib Najib Khouzami, M.D.) Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (Counsel for Conemaugh Memorial Medical Center) Shrager, Spivey & Sachs By: Wayne R. Spivey/Christopher A. Bradley Identification Numbers: 31017/84818 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 Attorneys for Plaintiffs TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs Vs. GEORGE E. JEFFERIES, M.D.; KUNDU N. SAMBHU, M.D.; CENTRAL PENNSYLVANIA OBSTETRICS- CUMBERLAND COUNTY COURT OF COMMON PLEAS No.: 06-6421 Civil Term JURY TRIAL DEMANDED GYNECOLOGY, INC.; ADIB NAJIB KHOUZAMI, M.D.; CONEMAUGH OB GYN ASSOCIATES; CONEMAUGH HEALTH SYSTEM, INC.; and CONEMAUGH MEMORIAL MEDICAL CENTER. : Defendants. PRAECIPE TO WITHDRAWAL AS PLAINTIFFS' COUNSEL TO THE PROTHONOTARY: Kindly withdraw the appearance of Wayne R. Spivey and Christopher A. Bradley, as counsel for plaintiffs in the above-captioned case pursuant to the Orders of the Honorable Edgar B. Bayley dated April 9, 2008 (a copy of which is attached hereto). Shrager, Spivey & Sachs Date: April 14, 2008 By: Wayne I/. Spivey, Esquire Shrager, Spivey & Sachs By: Wayne R. Spivey/Christopher A. Bradley Identification Numbers: 31017/84818 32nd Floor, Two Commerce Square 2001 Market Street Philadelphia, Pennsylvania 19103 (215) 568-7771 Attorneys for Plaintiffs TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, Plaintiffs VS. GEORGE E. JEFFERIES, M.D.; KUNDU N. SAMBHU, M.D.; CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC.; ADIB NAJIB KHOUZAMI, M.D.; CONEMAUGH OB GYN ASSOCIATES; CONEMAUGH HEALTH SYSTEM, INC.; and CONEMAUGH MEMORIAL MEDICAL CENTER. : Defendants. CUMBERLAND COUNTY COURT OF COMMON PLEAS No.: 06-6421 Civil Term JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Wayne R. Spivey, hereby certify that a true and correct copy of the Praecipe to Withdrawal as Plaintiffs' Counsel was served upon the following, via overnight delivery, this 14`h day of April 2008: Ms. Jessica Pfuhl 108 Fieldstone Avenue Johnstown, PA 15904 Mr. Jeremy T. Maher 222 W. Simpson Street Mechanicsburg, PA 17055 upon the following, via first class mail this 14`h day of April 2008: Craig Stone, Esquire Michael A. Sosnowski, Esquire Marshall, Dennehey, Warner McIntyre, Hartye & Schmitt Coleman & Goggin P.O. Box 533 4200 Crums Mill Road, Suite B Hollidaysburg, PA 16648 Harrisburg, PA 17112 Francis E. Marshall, Jr., Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 Patrick J. Stapleton, 111, Esquire Weber, Gallagher„ Simpson, Stapleton, Fires & Newby 800 No. 3" Street, 2" Floor Harrisburg, PA '17102 Shrager, Spivey & Sachs By MAR 27 2008 TAYLOR MAHER, A MINOR, BY AND THROUGH JESSICA PFUHL AND JEREMY MAHER, HER PARENTS AND NATURAL GUARDIANS, Plaintiffs V. GEORGE E. JEFFERIES, M.D., KUNDU N. SAMBHU, M.D., CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC., ADIB NAJIB KHOUZAMI, M.D., CONEMAUGH OB GYN ASSOCIATES, CONEMAUGH HEALTH SYSTEM, INC., CONEMAUGH MEMORIAL MEDICAL CENTER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6421 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED Defendants ORDER AND NOW, this % day of 2008, upon consideration of the Petition for Leave of Court to Withdraw as Counsel for Plaintiffs, it is hereby ORDERED that the Petition is GRANTED. It is further ORDERED that Wayne R. Spivey, Esquire, Christopher A. Bradley, Esquire and Shrager, Spivey & Sachs are granted leave to withdraw their appearance on this matter. It is further ORDERED that all proceedings in this action are stayed for a period of sixty (60) days from the date of this Order in order to provide Plaintiffs with adequate time to obtain new counsel. F_66 A0 not BY THE COURT: A Distribution Wayne R. Spivey, Esquire SHRAGER, SPIVEY & SACHS Two Commerce Square, 32nd Floor 2001 Market Street Philadelphia, PA 19103 (Counsel for Plaintiff) Michael W. McGuckin, Esquire MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Counsel for George E. Jefferies, M.D., Kundu N. Sambhu, M.D, and Central Pennsylvania Obstetrics-Gynecology, Inc.) John L. McIntyre, Esquire Michael A. Sosnowski, Esquire MCINTYRE, HARTYE & SCHMITT P.O. Box 533 Hollidaysburg, PA 16648 (Counsel for Conemaugh OB GYN Associates, Conemaugh Health System, Inc.) Patricia Haas Corll, Esquire WEBER GALLAGHER SIMPSON STAPLETON, FIRES AND NEWBY, LLP 800 North 3rd Street, 2nd Floor Harrisburg, PA 17102 (Counsel for Adib Najib Khouzami, M.D.) Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (Counsel for Conemaugh Memorial Medical Center) 1 .T ?? c :.. `? ; a.. JUN IT 20 Craig A. Stone, Esquire ID No: 15907 Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3515 Attorney for Defendants TAYLOR MAHER, a minor, by and through CUMBERLAND COUNTY JESSICA PFUHL and JEREMY MAHER, her COURT OF COMMON PLEAS parents and natural guardians, Plaintiffs, V. No: 06-6421 GEORGE E. JEFFERIES, M.D., SAMBHU N. KUNDU, M.D., CIVIL TERM and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC., JURY TRIAL DEMANDED ADIB NAJIB KHOUZAMI, M.D. CONEMAUGH OB GYN ASSOCIATES, CONEMAUGH HEALTH SYSTEM, INC., and CONEMAUGH MEMORIAL HOSPITAL MEDICAL CENTER, Defendants MOTION OF DEFENDANTS GEORGE E. JEFFERIES, M.D., SAMBIJU N. KUNDU, M.D. AND CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC. FOR CASE MANAGEMENT OR A STATUS CONFERENCE And now come the Defendants George E. Jefferies, M.D., Sambhu N. Kundu, M.D. (incorrectly styled as Kundu N. Sambhu, M.D.) and Central Pennsylvania Obstetrics- Gynecology, hereinafter collectively referred to as "Moving Defendants" by their attorneys, Marshall, Dennehey, Warner, Coleman & Goggin, and move as follows: 1. The above captioned matter was commenced with the filing of a Complaint on or about November 3, 2006. The claims set forth in the Complaint are medical malpractice claims based upon an alleged failure of Defendants to comply with the applicable standard of care during a course of treatment of care rendered to minor plaintiff. 2. On or about March 13, 2008, previous counsel for Plaintiffs, Shrager, Spivey & Sachs, filed a Motion to Withdraw as counsel for plaintiffs. 3. On April 9, 2008, an Order was issued by the Honorable Edgar B. Bayley granting leave for Wayne R. Spivey, Esquire, Christopher A. Bailey, Esquire and Shrager, Spivey & Sachs to withdraw their appearance. It was further ordered that all proceedings in the action would be stayed for a period of sixty (60) days from the date of the Order in order to provide Plaintiffs with adequate time to obtain new counsel. A copy of said Order is attached hereto, made a part hereof and marked as Exhibit A. 4. These same Plaintiffs had previously filed civil actions against Moving Defendants arising from the same facts to number 05-670 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania and to number 05-1964 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania. 5. On May 26, 2005, Moving Defendants filed an Answer with New Matter to Plaintiffs Complaint filed to number 05-1964 Civil Term. 6. After commencing the above captioned claim, on November 15, 2006, Plaintiffs filed a Praecipe to Dismiss, without prejudice, in the action against Moving Defendants to number 05-1964 Civil Term. 7. Substantial discovery had been completed in case number 05-1964 Civil Term and case number 06-6421 Civil Term. Moving Defendants filed expert discovery to Plaintiffs in the action docketed to number 05-1964 Civil Term to which no substantive information has been received. 2 9. Pursuant to Pennsylvania Rules of Civil Procedure 1042.41 and because Plaintiff may be attempting to proceed pro se in a complicated matter, Moving Defendants respectfully request that an Order be forthcoming scheduling a Case Management Conference. Respectfully subTitted, Y, WARNER, IN By: C',RA . S O 'DES UIRE 4200 Crums ill Road, Suite B Harrisburg, 17112 (717) 651-35 Attorney for Defendants CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Motion for Status Conference has been served upon the following known counsel of record this day of June, 2008, by: X First Class Mail, Postage Pre-Paid Certified Mail, Return Receipt Requested Hand Delivery Overnight Mail Fax Transmission at the following address(es) and/or number(s): Jessica Pfuhl Jeremy Maher 108 Fieldstone Avenue 244 Silver Spring Road Johnstown, PA 15904 Mechanicsburg, PA 17050-2858 (Via Certified Mail and Regular Mail) (Via Certified Mail and Regular Mail) Leah M. Lewis, Esquire Aaron S. Jayman, Esquire WEBER, GALLAGHER, SIMPSON, DICKIE MCCAMEY STAPLETON, FIRES AND NEWBY, LLP 1200 Camp Hill Bypass, Suite 205 800 North 3rd Street, 2°d Floor Camp Hill, Pennsylvania 17011-3700 Harrisburg, Pennsylvania 17102 Michael A. Sosnowski, Esquire MCINTYRE, HARTYE & SCHMITT P.O. Box 533 Hollidaysburg, Pennsylvania 16648 05/407236.v l Taylor Maher c/o Jessica Pfuhl 108 Fieldstone Avenue Johnstown, PA 15904 (Via Certified Mail and Regular Mail) MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: 4 Craig A. Stone, Esquire No 21 mre TAYLOR MAHER, A MINOR, BY AND THROUGH JESSICA PFUHL AND JEREMY MAHER, HER PARENTS AND NATURAL GUARDIANS, Plaintiffs V. GEORGE E. JEFFERIES, M.D., KUNDU N. SAMBHU, M.D., CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC., ADIB NAJIB KHOUZA1%4l, M.D., CONEMAUGH OB GYN ASSOCIATES, CONEMAUGH HEALTH SYSTEM, INC., CONEMAUGH MEMORIAL MEDICAL CENTER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6421 MEDICAL MALPRACTICE ACTION JURY TRIAL DEMANDED ORDER AND NOW, this _? day of 2008, upon consideration of the Petition for Leave of Court to Withdraw as Counsel for Plaintiffs, it is hereby ORDERED that the Petition is GRANTED. It is further ORDERED that Wayne R. Spivey, Esquire, Christopher A. Bradley, Esquire and Shrager, Spivey & Sachs are granted leave to withdraw their appearance on this matter. It is further ORDERED that all proceedings in this action are stayed for a period of sixty (60) days from the date of this Order in order to provide Plaintiffs with adequate time to obtain new counsel. it is f---half n°mT'?ERa .,REF) t,°* *i-^^ of the it is rm cazv:-vx Ef3B BY THE COURT: 4 J. 7""" Distribution Wayne R. Spivey, Esquire SHRAGER, SPIVEY & SACHS Two Commerce Square, 32nd Floor 2001 Market Street Philadelphia, PA 19103 (Counsel for Plaintiff) Michael W. McGuckin, Esquire MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Counsel for George E. Jefferies, M.D., Kundu N. Sambhu, M.D. and Central Pennsylvania Obstetrics-Gynecology, Inc.) John L. McIntyre, Esquire Michael A. Sosnowski, Esquire MCINTYRE, HARTYE & SCHMITT P.O. Box 533 Hollidaysburg, PA 16648 (Counsel for Conemaugh OB GYN Associates, Conemaugh Health System, Inc.) Patricia Haas Corl], Esquire WEBER GALLAGHER SIMPSON STAPLETON, FIRES AND NEWBY, LLP 800 North 3rd Street, 2nd Floor Harrisburg, PA 17102 (Counsel for Adib Najib Khouzami, M.D.) Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C. 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (Counsel for Conemaugh Memorial Medical Center) C s "T7 g jy ?... .sv s 77 JUL DY 2008,.E a TAYLOR MAHER, a minor, by; and through CUMBERLAND COUNTY JESSICA PFUHL and JEREMY MAHER, her COURT OF COMMON PLEAS parents and natural guardians, Plaintiffs, w. No: 06-6421 GEORGE E. JEFFERIES, M.D.? SAMBHU N. KUNDU, M.D., CIVIL TERM and CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC., JURY TRIAL DEMANDED ADIB NAJIB KHOUZAMI, M.P. CONEMAUGH OB GYN ASSOCIATES, CONEMAUGH HEALTH SYS? EM, INC., and CONEMAUGH MEMORIAL HOSPITAL MEDICAL CENTER, Defendants ORDER AND NOW this 1 'day of , 2008 upon consideration of the Motion of Defendants George Jefferies, D., Sambhu N. Kundu, M.D. and Central Pennsylvania Obstetrics-Gynecology, Inc. for Case Management or a Status Conference, the same is GRANTED and the Conference is scheduled before the undersigned judge on 2008 5 / •1y1 •, vn J. >- r- M CL-C GL ej 1a ?LLU ?1 r LU 5: C= C N hJ C. ? C7 c:r 1l ' 72 f Distribution Wayne R. Spivey, Esquire SHRAGER, SPIVEY & SACHS Two Commerce Square, 32nd Floor 7- 2001 Market Street - Philadelphia, PA 19103 (Counsel for Plaintiff) Michael W. McGuckin, Esquire MARSHALL, DENNEHEY, WA?, NER, COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Counsel for George E. Jefferies, M.D., Kundu N. Sambhu, M.D. and Central Obstetrics-Gynecology, Inc.) John L. McIntyre, Esquire Michael A. Sosnowski, Esquire MCINTYRE, HARTYE & SCHMITT P.O. Box 533 Hollidaysburg, PA 16648 (Counsel for Conemaugh OB GYl4I Associates, Conemaugh Health System, Inc.) Patricia Haas Cori], Esquire WEBER GALLAGHER SIMPSO? STAPLETON, FIRES AND NEWBY, LLP 800 North 3rd Street, 2nd Floor Harrisburg, PA 17102 (Counsel for Adib Najib Khouzam?, M.D.) Aaron S. Jayman, Esquire Dickie, McCamey & Chilcote, P.C? 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011 (Counsel for Conemaugh Memoria? Medical Center) 11-of Pennsylvania P -` TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, PLAINTIFFS V. GEORGE E. JEFFERIES, M.D., SAMBHU N. KUNDU, M.D., CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC., ADIB NAJIB KHOUZAMI, M.D., CONEMAUGH OB GYN ASSOCIATES, : CONEMAUGH HEALTH SYSTEM, INC.,: AND CONEMAUGH MEMORIAL HOSPITAL MEDICAL CENTER, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-6421 CIVIL TERM ORDER OF COURT AND NOW, this day of August, 2008, plaintiffs shall provide defendants with expert reports not later than 120 days from this date. By the Edgar. Bayley, J. .r' 'N y N -? I -• 't C.? N - 41h /Jeremy Maher, Pro se 425 Burryberry Lane Mount Wolf, PA 17347 vdessica Pfuhl, Pro se 108 Fieldstone Avenue Johnstown, PA 15904 ?Qames Hartline, Esquire For Adib Najib Khouzami, M.D. Aichael A. Sosnowski, Esquire For Conemaugh OB GYN Associates and Conemaugh Health System, Inc. ,.Aaron Jayman, Esquire For Conemaugh Memorial Medical Center. f raig Stone, Esquire For George E. Jefferies, M.D., Kundu N. Sambhu, M.D. and Central Pennsylvania Obstetrics-Gynecology, Inc. :sal TAYLOR MAHER, a minor, by and IN THE COURT OF COMMON PLEAS OF through JESSICA PFUHL and CUMBERLAND COUNTY, PENNSYLVANIA JEREMY MAHER, her parents : and natural guardians, PLAINTIFFS V. GEORGE E. JEFFERIES, M.D., SAMBHU N. KUNDU, M.D., CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC., ADIB NAJIB KHOUZAMI, M.D., CONEMAUGH OB GYN ASSOCIATES, : CONEMAUGH HEALTH SYSTEM, INC.,: AND CONEMAUGH MEMORIAL HOSPITAL MEDICAL CENTER, DEFENDANTS 06-6421 CIVIL TERM STATUS CONFERENCE A status conference was called this date. The minor's father, Jeremy Maher, was present pro se. The mother, Jessica Pfuhl, was not present. James Hartline, Esquire was present for Adib Najib Khouzami, M.D. Michael A. Sosnowski, Esquire was present for Conemaugh OB GYN Associates and Conemaugh Health System, Inc. Aaron Jayman, Esquire was present for Conemaugh Memorial Medical Center. Craig Stone, Esquire was present for George E. Jefferies, M.D., Kundu N. Sambhu, M.D. and Central Pennsylvania Obstetrics-Gynecology, Inc. Counsel for plaintiffs has withdrawn. Jeremy Maher stated that he and the mother intend to retain new counsel. Defendants want the case, which was filed in 2006, to proceed. A separate order will be entered directing plaintiffs to providp, defendants with expert reports not later than 120 days fr is ?° ;- (a l te) Edga ayley, J. O ,?. 5 ` ? ? - eremy Maher, Pro se 425 Burryberry Lane Mount Wolf, PA 17347 ssica Pfuhl, Pro se 108 Fieldstone Avenue Johnstown, PA 15904 ,,a mes Hartline, Esquire For Adib Najib Khouzami, M.D. , W,-Ichael A. Sosnowski, Esquire For Conemaugh OB GYN Associates and Conemaugh Health System, Inc. (Aaron Jayman, Esquire For Conemaugh Memorial Medical Center. ?Lraig Stone, Esquire For George E. Jefferies, M.D., Kundu N. Sambhu, M.D. and Central Pennsylvania Obstetrics-Gynecology, Inc. :sal PRAECIPE FOR LISTING CASE FOR ARGUMENT 0? -blla I (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) Taylor Maher, a minor, by and through Jessica Pfuhl and Jeremy Maher, her parents and natural guardians vs. George E. Jefferies, M.D., Kundu N. Sambhu, M.D., Central Pennsylvania Obstetrics- Gynecology, Inc., Adib Najib Khouzami, M.D., Conemaugh OB-GYN Associates, Conemaugh Health System, Inc., Conemaugh Memorial Medical Center No. 2006 , 6421 Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendants' Joint Motion for Summary Judgment 2. Identify all counsel who will argue cases: (a) for plaintiffs: Jeremy Maher, Pro se, 425 Burryberry Lane, Mount Wolf, PA 17347 Jessica Pfuhl, Pro se, 108 Fieldstone Avenue, Johnstown, PA 15904 (Name and Address) (b) for defendants: Aaron S. Jayman, Esquire, 1200 Camp Hill Bypass, Suite 205, Camp Hill, PA 17011 (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: February 4 2009 . Jayman, Esquire Print your name Conemaugh Memorial Medical Center Attorney for Date: December 18, 2008 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 relisted. ?..?. ? Y ?? ..++?? ?..l -vJ ? t,..? ? t _., }? -t "°7 +. . TAYLOR MAHER, A MINOR, BY AND THROUGH JESSICA PFUHL AND JEREMY MAHER, HER PARENTS AND NATURAL GUARDIANS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6421 MEDICAL MALPRACTICE ACTION V. GEORGE E. JEFFERIES, M.D., KUNDU N. SAMBHU, M.D., CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC., ADIB NAJIB KHOUZAMI, M.D., CONEMAUGH OBGYN ASSOCIATES, CONEMAUGH HEALTH SYSTEM, INC., CONEMAUGH MEMORIAL MEDICAL CENTER, JURY TRIAL DEMANDED Defendants DEFENDANTS' JOINT MOTION FOR SUMMARY JUDGMENT AND NOW, come the Defendants, George E. Jefferies, M.D., Sambhu N. Kundu, M.D., Central Pennsylvania Obstetrics-Gynecology, Inc., Adib Najib Khouzami, M.D., Conemaugh OB-GYN Associates, Conemaugh Health System, Inc. and Conemaugh Memorial Medical Center, hereinafter collectively referred to as ("Moving Defendants"), by and through their respective counsel and move this Honorable Court as follows: 1. This complex medical professional liability action arises out of the care and treatment related to Jessica Pfuhl's pre-natal care and labor and delivery of her daughter, Taylor Maher, who was alleged to have suffered developmental delays due to severe prematurity at birth. 2. A Complaint was filed against the Moving Defendants on November 3, 2006. 3. These same Plaintiffs had previously filed civil actions against Defendants, George E. Jefferies, M.D., Sambhu N. Kundu, M.D. and Central Pennsylvania Obstetrics- 1 Gynecology, Inc., only, arising from the same set of facts to Cumberland County Docket No. 05- 670 and Cumberland County Docket No. 05-1964. 4. Plaintiffs dismissed Cumberland County Docket No 05-1964 after initiating the instant action against the Moving Defendants. 5. The parties then engaged in motions practice as well as substantial discovery in the instant action. 6. However, previous counsel for Plaintiffs, Shrager, Spivey and Sachs, filed a Motion to Withdraw as counsel for Plaintiffs on or about March 13, 2008. 7. On April 9, 2008, an order was issued by the Honorable Edgar B. Bayley, granting leave for Wayne R. Spivey, Esquire, Christopher A. Bailey, Esquire and Shrager, Spivey and Sachs to withdraw their appearance. It was further ordered that all proceedings in the action would be stayed for a period of sixty (60) days in order to provide Plaintiffs with adequate time to obtain new counsel. 8. Moving Defendants petitioned this Court for status conference following the expiration of the sixty (60) day stay. 9. A status conference was held before the Honorable Edgar B. Bayley on August 11, 2008. 10. At that time, Plaintiffs did not obtain new counsel. The minor's father, Jeremy Maher, was present, pro se. The mother, Jessica Pfuhl, was not present. Moving Defendants requested Plaintiffs' expert report and indicated a desire for this case to proceed since little activity had taken place for almost a year. A copy of the Status Conference Order is attached hereto as Exhibit "A". 2 11. The Honorable Edgar B. Bayley entered an order following the status conference that directed the Plaintiffs to provide expert reports within 120 day, i.e., on or before December 10, 2008. A copy of the Order of Court is attached hereto as Exhibit "B". 12. To date, Plaintiffs have not supplied Moving Defendants with any expert reports and are in violation of this Honorable Court's Order dated August 11, 2008. 13. Plaintiffs have also failed to obtain substitute counsel. 14. The failure to comply with an order of court to produce expert reports must necessarily result in the dismissal of Plaintiffs' claims. 15. Plaintiffs cannot meet their burden of proof at trial without expert testimony to support their medical negligence claims. 16. The Plaintiffs' burden of proof with respect to the standard of care and causation must be established by expert testimony. Nogowski v. Alemo-Hammad, 691 A.2d 950 (Pa. Super. 1997), alloc. denied, 704 A.2d 638 (Pa. 1997). 17. In order for the Plaintiffs to prevail in their action against the Moving Defendants, the Plaintiffs were required to prove by the greater weight and preponderance of credible expert testimony that the Moving Defendants were negligent. More specifically: Plaintiffs must establish that (1) the physician owed a duty to the patient; (2) the physician breached that duty; (3) the breach was the approximate cause of, or a substantial factor in, bringing about the harm suffered by the patients; and (4) the patient's damages were a direct result of that harm. Eaddy v. Hamaty, 694 A.2d 639, 642 (Pa. Super. 1997). In general, expert testimony is essential to proving malpractice. The Plaintiff must provide expert testimony to establish, to a reasonable degree of medical certainty, that the acts of a physician deviated from acceptable medical standards, that such deviation was the approximate cause of the harm suffered. Noizowski v. Alemo-Hammad, 691 A.2d 950 (Pa. Super. 1997) (citations omitted). 3 18. Plaintiffs must prove through expert testimony what the prevailing standard of medical care is and, in addition, prove that the care given to the patient fell below that standard. 19. In addition, the Plaintiffs' expert witnesses must prove within a reasonable degree of medical certainty that the alleged injuries stemmed from the negligent conduct of the Moving Defendants. Brannan v. Lankenau Hospital, 417 A.2d 196 (Pa. 1999). 20. In a complex medical malpractice case such as this, the above burden can only be satisfied by the testimony of an expert medical doctor. The issue is not "so obvious as to be within the range of experience and comprehension of lay persons." Toogood v. Owen J. Rogal, DDS, 824 A.2d 1140, 1145 (Pa. 2003). 21. Expert testimony is clearly needed in this case and Plaintiffs are now precluded from producing any expert testimony to support their claims. 22. This Court has provided Plaintiffs with more than sufficient time to produce expert reports and obtain new counsel. 23. Plaintiffs' disregard of this Court's order has prejudiced Moving Defendants. 24. This case has been pending since 2006. The case has also been subject to a sixty (60) day stay of proceedings for Plaintiffs to obtain new counsel, and more recently, another 120 day stay for Plaintiffs to produce expert reports. 25. Plaintiffs have not taken any action to move this case to the prejudice of Moving Defendants. 26. The Honorable Court is permitted to exercise its discretion and enter judgment in favor of Moving Defendants for Plaintiffs' failure to produce any expert reports in support of their claims. Kurian v. Anisman, 851 A.2d 152 (Pa. Super. 2004)(the Superior Court found that the defendants were prejudiced by the late filing of the expert report and that the trial court's 4 preclusion was proper as was the entry of summary judgment because plaintiff could not meet burden of proof at trial without expert testimony). 27. Any additional delay of this case under the circumstances "would disrupt the efficient and just administration of justice and would send a blatant message that case management deadlines are meaningless." Id. at 162. 28. Moving Defendants are mindful that this case involves a minor-Plaintiff. However, the dismissal of a minor's cause of action with prejudice is permitted under these circumstances. Gray v. Magee, 864 A.2d 560 (Pa.Super. 2004). 29. In Gray, the parents filed a medical malpractice action on behalf of their minor son against a physician and hospital. The parents failed to file any expert reports in support of their claims after the court granted them thirty (30) day extensions to do so. Dr. Magee then filed a motion for summary judgment because the parents could not maintain a cause of action for medical malpractice because they failed to procure an expert witness. The trial court granted summary judgment in favor of Dr. Magee and dismissed all claims, with prejudice. The parents appealed but the Superior Court affirmed the dismissal with prejudice and reasoned as follows: "Appellants' cause of action against Dr. Magee has been pending for five years in the Court of Common Pleas of Blair County, and, after numerous attempts to procure an expert witness and the trial court's repeated extensions of the discovery period, Appellants have failed to procure an expert witness to testify regarding their theory of liability in this case. Accordingly, Appellees have already experienced unreasonable inconvenience and expense in having to retain counsel and undertake discovery to defend themselves in a cause of action for which Appellants could not provide evidentiary support during the previous five years." Id. at 565-566. 5 30. It is important to note that both the trial court and Superior Court rejected the parents' attempt to have the case voluntarily dismissed so that the minor court, after producing an expert report in the future, re-file a case at a later date pursuant to the Minority Tolling Statute, 42 Pa.C.S.A. § 5333(b). Id. 31. Moving Defendants request that the instant motion be assigned to Judge Bayley's panel for argument because of his prior involvement in the case. WHEREFORE, Moving Defendants, respectfully request that this Honorable Court grant Summary Judgment in favor of the Moving Defendants and dismiss Plaintiffs' Complaint, with prejudice, for failure to produce any expert report necessary to meet their burden of proof at trial. Respectfully Submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: December 18, 2008 By: Francis . r all, Jr., Esquire Aaron S. Jayman, Esquire 1200 Camp Hill Bypass, Suite 205 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendants, Conemaugh Memorial Medical Center 6 Date: By: CO Y, WARNER, 4200 Crums Mill Road, Suite B Harrisburg, I A 7112 (717) 651-35 (Counsel for George E. defferies, M.D., Kundu N. Sambhu, M.D. and Central Pennsylvania Obstetrics-Gynecology, Inc.) MCINTYRE, HARTYE & SCHMITT Date: t a i z 10 2r By: Michael A. Sosnowski, Esquire P.O. Box 533 Hollidaysburg, PA 16648 (814) 696-3581 (Counsel for Conemaugh OB GYN Associates, Conemaugh Health System, Inc.) 8 WEBER, GALLAGHER, SIMPSON, STAPLETON, FIRES & NEWBY of Date: B - y: James Hartline, Esquire 800 North 3rd Street 2nd Floor Harrisburg, PA 17102 (717) 237-2095 (Counsel for Adib Najib Khouzami, M.D) 9 TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, PLAINTIFFS V. GEORGE E. JEFFERIES, M.D., SAMBHU N. KUNDU, M.D., CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC., ADIB NAJIB KHOUZAMI, M.D., CONEMAUGH OB GYN ASSOCIATES, : CONEMAUGH HEALTH SYSTEM, INC.,: AND CONEMAUGH MEMORIAL HOSPITAL MEDICAL CENTER, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-6421 CIVIL TERM STATUS CONFERENCE A status conference was called this date. The minor's father, Jeremy Maher, was present pro se. The mother, Jessica Pfuhl, was not present. James Hartline, Esquire was present for Adib Najib Khouzami, M.D. Michael A. Sosnowski, Esquire was present for Conemaugh OB GYN Associates and Conemaugh Health System, Inc. Aaron Jayman, Esquire was present for Conemaugh Memorial Medical Center. Craig Stone, Esquire was present for George E. Jefferies, M.D., Kundu N. Sambhu, M.D. and Central Pennsylvania Obstetrics-Gynecology, Inc. Counsel for plaintiffs has withdrawn. Jeremy Maher stated that he and the mother intend to retain new counsel. Defendants want the case, which was filed in 2006, to proceed. A separate order will be entered directing plaintiffs to prov defendants with expert reports not later than 120 days A I4 ?- v -7-WT Edgar (bate) Jeremy Maher, Pro se 425 Burryberry Lane Mount Wolf, PA 17347 Jessica Pfuhl, Pro se 108 Fieldstone Avenue Johnstown, PA 15904 James Hartline, Esquire For Adib Najib Khouzami, M.D. Michael A. Sosnowski, Esquire For Conemaugh OB GYN Associates and Conemaugh Health System, Inc. Aaron Jayman, Esquire For Conemaugh Memorial Medical Center. Craig Stone, Esquire For George E. Jefferies, M.D., Kundu N. Sambhu, M.D. and Central Pennsylvania Obstetrics-Gynecology, Inc. sal TAYLOR MAHER, a minor, by and through JESSICA PFUHL and JEREMY MAHER, her parents and natural guardians, PLAINTIFFS V. GEORGE E. JEFFERIES, M.D., SAMBHU N. KUNDU, M.D., CENTRAL PENNSYLVANIA OBSTETRICS-GYNECOLOGY, INC., ADIB NAJIB KHOUZAMI, M.D., CONEMAUGH OB GYN ASSOCIATES, : CONEMAUGH HEALTH SYSTEM, INC.,: AND CONEMAUGH MEMORIAL HOSPITAL MEDICAL CENTER, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-6421 CIVIL TERM ORDER OF COURT AND NOW, this 1 / day of August, 2008, plaintiffs shall provide defendants with expert reports not later than 120 days from this date. By the Edgar. Bayley, J. Jeremy Maher, Pro se 425 Burryberry Lane Mount Wolf, PA 17347 Jessica Pfuhl, Pro se 108 Fieldstone Avenue Johnstown, PA 15904 James Hartline, Esquire For Adib Najib Khouzami, M.D. Michael A. Sosnowski, Esquire For Conemaugh OB GYN Associates and Conemaugh Health System, Inc. Aaron Jayman, Esquire For Conemaugh Memorial Medical Center. Craig Stone, Esquire For George E. Jefferies, M.D., Kundu N. Sambhu, M.D. and Central Pennsylvania Obstetrics-Gynecology, Inc. :sal CERTIFICATE OF SERVICE AND NOW, this 18th day of December, 2008, I, Aaron S. Jayman, Esquire, hereby certify that I did serve a true and correct copy of the foregoing DEFENDANTS' JOINT MOTION FOR SUMMARY JUDGMENT 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: Jeremy Maher 425 Burryberry Lane Mount Wolf, PA 17347 (Pro Se Plaintiff) Via certified and regular mail Jessica Pfuhl 108 Fieldstone Avenue Johnstown, PA 15902 (Pro Se Plaintiff) Via certified and regular mail Craig Stone, Esquire MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (Counsel for George E. Jefferies, M.D., Kundu N. Sambhu, M.D. and Central Pennsylvania Obstetrics-Gynecology, Inc.) Michael A. Sosnowski, Esquire MCINTYRE, HARTYE & SCHMITT P.O. Box 533 Hollidaysburg, PA 16648 (Counsel for Conemaugh OB GYN Associates, Conemaugh Health System, Inc.) James Hartline, Esquire WEBER, GALLAGHER, SIMPSON, STAPLETON, FIRES & NEWBY 800 North 3`d Street 2"d Floor Harrisburg, PA 17102 (Counsel for Adib Najib Khouzami, M.D.) -IlLal-w- Aaron 0.j an, Esquire ?` na .> :7 _ r? e. t E. ?. TAYLOR MAHER, A MINOR, BY AND THROUGH JESSICA PFUHL AND JEREMY MAHER, HER PARENTS AND NATURAL GUARDIANS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6421 MEDICAL MALPRACTICE ACTION V. GEORGE E. JEFFERIES, M.D., KUNDU N. SAMBHU, M.D., CENTRAL PENNSYLVANIA OBSTETRICS- GYNECOLOGY, INC., ADIB NAJIB KHOUZAMI, M.D., CONEMAUGH OB GYN ASSOCIATES, CONEMAUGH HEALTH SYSTEM, INC., CONEMAUGH MEMORIAL MEDICAL CENTER, JURY TRIAL DEMANDED Defendants ORDER AND NOW, this '4' day of , 200 , upon consideration of the Defendants' Joint Motion for Summary Judgment, it is hereby ordered that Judgment is entered in favor of the Defendants. Plaintiffs' Complaint is hereby DISMISSED with prejudice. Di tribution List: Jeremy Maher, Pro se 425 Burryberry Lane Mount Wolf, PA 17347 Jessica Pfuhl, Pro se 108 Fieldstone Avenue Johnstown, PA 15904 BY THE COURT S Z •B WV S- 93J AdVjo 2H.L0dd BHi ?O 3W-4(` 14 James Hartline, Esquire For Adib Najib Khouzami, M.D. Michael A. Susnowski, Esquire For Conemaugh OB GYNAssociates and Conemaugh Health System, Inc. Craig Stone, Esquire For George E. Jefferies, M.D., Kundu N. Sambhu, M.D., and Central Pennsylvania Obstetrics- Gynecology, Inc. Aaron Jayrnan, Esquire For Conemaugh Memorial Medical Center L" tyz"a C LL a?slDY 2