HomeMy WebLinkAbout94-01068
MAJOR JJRY MATTER.
M. MARK MENDEL, LTD.
BY, George F. Schoener, Jr., Esquire
I.D. NO.: 28644
1620 Locust Street
Philadelphia, PA 19103
(215) 732-7200
Fax: 546-3277
DAVID G. LEE, Administrator
of the ESTATE OF JANET M.
KING, Deceased
7032 Wertzvi1le Road
Mechanicsburg, PA 17055
vs.
PRESBYTERIAN HOMES, INC.
d/b/a FOREST PARK HEALTH
CENTER
700 Walnut Bottom Road
Carlisle, PA 17013-3699
and
DAVID P. ALBRIGHT, M.D.
850 Walnut Bottom Road
Carlisle, PA 17013-3699
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO.
lOb 8
&~L 1911-
COMPLAINT--CIVIL ACTION
NOTICE TO DEFEND
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MAJ.)R JURY MATTER
M. MARK MENDEL, LTD.
BY: George F. Schoener, Jr., Esquire
I.D. NO., 28644
1620 Locust Street
Philadelphia, PA 19103
(215) 732-7200
Fax: 546-3277
DAVID G. LEE, Administrator
of the ESTATE OF JANET M.
KING, Deceased
7032 Wertzvil1e Road
Mechanicsburg, PA 17055
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
vs.
PRESBYTERIAN HOMES, INC.
d/b/a FOREST PARK HEALTH
CENTER
700 Walnut Bottom Road
Carlisle, PA 17013-3699
and
DAVID P. ALBRIGHT, M.D.
850 Walnut Bottom Road
Carlisle, PA 17013-3699
NO.
COMPLAINT--CIVIL ACTION
Plaintiff, David G. Lee, Administrator of the Estate of
Janet M. King, deceased, hereby claims damages of the defendants
herein and, in support thereof, alleges the following:
1. Plaintiff is an individual who resides at the above
address.
On September 21, 1992, Mr. Lee was appointed the
Administrator of the Estate of Janet M. King, deceased, by the
Register of wills of Cumberland County, PA.
2. Defendant Presbyterian Homes, Inc. d/b/a Forest Park
Health Center (hereinafter referred to as "Forest Park"), is a
business entity organized and existing under the laws of the
E:\GFS\Complalnts\Hedlcal\C_lcc
Commonwealth of Pennsylvania and at all times hereto was engaged
in the business of operating a health care/nursing home at the
above address.
3. Defendant Forest Park, at all times material hereto,
acted not only through its agents, servants, workmen and/or
employees, and those who appeared to be such, but also through
independent contractors all of whom were engaged in its business
and were acting in the course and scope of their employment
and/or authority.
4. Defendant, David P. Albright, M.D. (hereinafter
referred to as "Albright"), is, and all times material hereto,
was a physician duly organized to practice medicine under the
laws of the Commonwealth of Pennsylvania. At all material times
hereto, he held himself out to the public in general, and to the
plaintiff'S decedent, as a specialist in internal medicine and
geriatric care.
5. At all material times hereto, defendant Albright acted
in his individual capacity and/or as to the actual or apparent
agent of defendant Forest Park.
6. On or about June through August, 1992, plaintiff's
decedent was treated at the Carlisle Hospital, on several
occasions, for, inter alia, exacerbation of chronic obstructive
pulmonary disease.
7. On or about September 3, 1992, plaintiff's decedent was
discharged from the Carlisle Hospital and transferred to
defendant Forest Park for immediate care.
E:\GFS\Complalnls\Hedlcal\C_Lee
2
8. Upon arrival at defendant Forest Park's facility,
defendant Albright undertook treatment of plaintiff's decedent as
her primary care physician.
9. On or about September 21,' 1992, plaintiff's decedent
died, with defendant Albright diagnosing the cause of death as
"pulmonary edema.1I
10. At the time plaintiff's decedent was transferred to
defendant Forest Park, she was seen by defendant Albright on
September 3, 1992.
11. Defendant Albright did not next see the plaintiff's
decedent until September 21, 1992.
12. Plaintiff's decedent's injuries and ultimate death
resulted from the negligence, carelessness and recklessness of
the defendants, their agents, servants, workmen and/or employees
and/or independent contractors and were due in no manner
whatsoever to any act or failure to act on the part of the
plaintiff's decedent.
13. As a proximate result of the defendants' negligence,
carelessness and recklessness, plaintiff's decedent was exposed
to a substantial increased risk of harm and sustained injuries
and/or harm that lead to her death.
14. The injuries and medical complications sustained by the
plaintiff's decedent, which eventually led to her death, occurred
as a direct result of the negligence, carelessness and
recklessness of defendant Forest Park, its agents, servants,
E:\GFS\Cooplalntl\Hedlcal\C_L..
3
workmen, employees and those who appeared to be such and/or
independent contractors as follows:
a. substantially increasing the risk of harm to
the plaintiff's decedent;
b. failing to hire employees and/or independent
contractors who had the degree of skill and
knowledge required under the circumstances;
c. failing to render proper medical care and
treatment;
d. failure of its employees and/or independent
contractors to exercise good medical
judgment;
e. failing to take necessary and proper medical
precautions;
f. failing to properly monitor plaintiff's
decedent's condition;
g. failing to properly supervise its medical
and nursing personnel and staff;
h. failing to render nursing home and medical
care according to the reasonable standards
of nursing home/medical practice:
i. failing to properly examine and recognize
the plaintiff's decedent's conditionr
j . failing to exercise due care in selecting
and employing its medical and nursing staff
and personnel;
k.
failing to take proper steps to
health and welfare of the
decedent;
protect the
plaintiff's
1. improperly temporizing the care given to the
plaintiff's decedent;
m. causing and/or permitting improperly and/or
inadequately trained personnel to care for
the plaintiff's decedent;
n. failing to exercise due and proper care for
the protection of the plaintiff's decedent
E:\GFS\Complalnt.\Medlcal\C_loo
4
whose care was within the sole custody and
control of all defendants;
failing to properly oversee plaintiff's
decedent's overall medical care;
o.
,
,
,
p.
failing to call in
specia1ist(s) for the
plaintiff's decedent;
q. failing to properly treat the plaintiff's
decedent's pulmonary edema.
the proper medical
care and treatment of
r. failing to order intravenous diuresis for
the plaintiff's decedent.
15. At all times material hereto, defendant Forest Park had
the right and duty to control, monitor and supervise the
activities of its agents, servants, workmen and employees and of
independent contractors in its employ.
16. The injuries and medical complications sustained by the
plaintiff's decedent, which eventually led to her death, occurred
as a direct result of the negligence, carelessness and
recklessness of defendant Albright as follows:
a. substantially increasing the risk of harm to
the plaintiff'S decedent;
b. failing to render proper medical care and
treatment;
c. failing to take necessary and proper medical
precautions;
d. failing to properly monitor plaintiff'S
decedent's condition;
e. failing to properly examine and recognize
the plaintiff'S decedent's condition;
f.
failing to take proper steps to
health and welfare of the
decedent;
protect the
plaintiff's
E:\GFS\Complelnts\Medlcel\C_Lee
5
g. failing to visit his patient to determine
her medical needs;
h.
the proper medical
care and treatment of
failing to call in
specialist(s) for the
plaintiff's decedent;
i. failing to order intravenous diuresis for
the plaintiff's decedent.
COUNT I
(WRONGFUL DEATH ACTION)
17. plaintiff incorporates by reference paragraph one
through sixteen of this Complaint as if fully set forth at length
herein.
18. Solely by reason of the defendant's negligence,
carelessness and recklessness, the plaintiff's decedent suffered
serious medical injuries and complications which caused her death
on September 21, 1992.
19. Plaintiff's decedent left surviving her the following:
David G. Lee--son
Randy S. Lee--son
20. Plaintiff claims damages from the defendants for the
pecuniary losses sustained by the decedent's survivors and for
medical and funeral bills incurred.
21. Solely as a result of the defendant's negligence,
carelessness and recklessness, and the resultant death of
plaintiff's decedent, the survivors have suffered the loss of
companionship, consortium, joy, affection, comfort, services,
society and support which they would have received from her had
she lived.
E:\GFS\Complatnts\Hedlcal\C_l..
6
22. Plaintiff's decedent did not bring an action during her
lifetime and no other action on behalf of the decedent for the
death of the decedent has heretofore been instituted.
23. Plaintiff, David G. Lee, Administrator of the Estate of
Janet M. King, brings this wrongful death action under and by
virtue of 42 Pa. C.S. ~8301, et seq. and Pennsylvania Rules of
Civil Procedure 2201, et seq. and he claims all benefits thereof
on behalf of himself and all persons entitled to recover under
the law.
WHEREFORE, plaintiff claims of the defendants, and each of
them, a sum in excess of Fifty Thousand Dollars ($50,000.00) and
compensatory damages, together with delay damages, interest and
costs.
COUNT II
(SURVIVAL ACTION)
24. Plaintiff incorporates by reference paragraphs one
through twenty-three of this Complaint as if fully set forth at
length herein.
25. Plaintiff also brings this action on behalf of the
Estate of Janet M. King, Deceased, to recover all benefits and
damages recoverable under the Survival Act, 42 Pa. C.S. ~8302, et
seq. including, but not limited to, the damages suffered by
reason of the serious personal injuries, the anxiety, fear, pain
and suffering plaintiff's decedent underwent prior to her death,
the decedent's loss of life, the loss of earning capacity of the
decedent, the loss of inheritance and the total limitation and
E:\GFS\CompI8Ints\Medlc81\C_lee
7
deprivation of her normal activities and the loss of her
opportunity to pursue the ordinary pleasures of life from the
date of her accident until such time in the future as she
probably would have lived had she not died as a result of the
negligence, carelessness and recklessness of the defendants, and
each of them as set forth above.
WHEREFORE, plaintiff claims of the defendants, and each of
them, a sum in excess of Fifty Thousand Dollars ($50,000.00) and
compensatory damages, together with delay damages, interest and
costs.
M. MARK MENDEL, LTD.
_ 1J. ~~AAI^, er
EOR F. SCHOENER, .
DATE, February 10, 1994
E:\GFS\CompI8Intl\Medlcll\C_l88
8
VERIPICATION
DAVID G. LEE, Administrator of the Estate of Janet M. King,
Deceased, hereby states that he is the plaintiff in this action and
verifies that the statements made in the foregoing COMPLAINT--CIVIL
ACTION are true and correct to the best of his knowledge,
information and belief.
The undersigned understands that the
statements therein are made subject to the penalties of 18 Pa. C.S.
~4904 relating to unsworn falsification to authorities.
i~~~ ~2-<--
DAV D G. LEE
Date,
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YORK FAMIlX PRACTICE
THOMAS M. HART CENTER
-&t;P1)ence with Caring-
(717) 851-3038
FAX (717) 851.3535
,f
March 20, 1995
YORK HOSPITAL
Ouzimuzn tmd Residency
- r-'UNIMII Diredot'
Richard W. Sloan, M,D.,R.PIr.
FQQJ/Jy
Bruce M. Buslrwick, M.D.
Cathy P. Carpenter, M.D.
Wanda D. Filer, M.D.
Kevin H. Mosser, M.D.
J:J",ntlO'JDl Sp<<1nl1<<
MOI)'-Beth H. Taylor, M.Ed.
Dindor
Christine D. Kroll
Peter J. CUrry
Thomas, Thomas & Hafer
Attorneys at Law
305 North Front street
sixth Floor
P.O. Box 999
Harrisburg, PA 17108
re: King v. Albright
Dear Mr. curry:
I have reviewed at your request the records surrounding the
above-mentioned case. These records included the following: 1)
office records of Dr. Albright from september 12, 1986 until August
28, 1992, 2) key documents including the discharge summary,
emergency medicine record, and progress notes from a carlisle
Hospital admission dated August 30, 1992 until September 3, 1992,
3) the records of the Forest Park Health Center, 4) the plaintiff's
complaint and 5} the plaintiff's expert's report. I am happy to
render an expert opinion in this case and feel qualified to do so.
I am the chairman and Residency Program Director in the Department
of Family practice for the York (PA) Health System. In this
capacity, I am responsible for monitoring the quality of care of
over 90 family physicians.
Janet King was a 63-year-old white female with severe, end-
stage, oxygen-dependent chronic obstructive pulmonary disease
(COPD) . The severity and chronicity of her lung disease is
confirmed by the following findings: 1} hypoxia requiring oxygen
administration, 2} exercise tolerance limited to 20 to 30 feet, 3)
oxygen desaturation on two liters of oxygen demonstrated by an
exercise oxygen evaluation on April 28, 1992 which occurred when
the patient walked less than 100 feet, 4} hypercarbia (retained
carbon dioxide), 5} elevated serum bicarbonate level, 6} pulmonary
function test dated April, 1992, demonstrating an FEVl of 18t and
a FEV1/FVC of 36t, and 7) cor pulmonale. These findings indicate
IIKlI SOlrrlIGI'OIlGESTREI:r YOIU,.I'ENNSYLVANIA 17-U15.719H 717,85I,!.3,15
vt+^ .....,...1'...," ..'~.\I",l', .~lr"",l.)" 01 AIT'ol""r.1 Ir-c
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re: King v. Albright (Sloan)
Page 2
severe and irreversible lung disease and point to a very poor
prognosis. The patient's COPD was caused by long-term smoking
addiction. She apparently stopped smoking 14 months before her
death. Ms. King also had a long history of anxiety -and depression
and was receiving psychiatric care, as well as the antipsychotic
medication,'- Tril~fon. She was also described as having a
histrionic personality and was also once addicted to Ativan. She
demonstrated significant non-compliance to recommendations given to
her by health care workers. This included frequently wanting to
take more medication than ordered by the physician. This resulted
in Theophylline toxicity during her final admission to Carlisle
Hospital. She also failed to follow proper instructions to
mobilize fluid from her feet and legs while in the Forest Park
Nursing Home.
Dr. Albright was the attending physician for Janet King's
final hospitalization at Carlisle Hospital dating from August 30 to
September 3, 1992, and was also the attending physician for her
stay in the Forest Park Nursing Home dating from September 3 to
September 21, 1992. The latter date was the date of her death.
During this time, I believe that Dr. Albright followed the
appropriate standard of care. During the hospitalization, he
appropriately diagnosed Theophylline toxicity, administered
glucocorticoids, and recognized that her lung disease was too
severe for her to return home. He saw the patient on the day of
admission to the Forest Park Nursing Home. Al though he did not see
the patient again until the time of the pronouncement of her death,
he was in frequent contact with the nurses and gave appropriate
orders over the telephone. At no time did the Forest Park nurses
urge Dr. Albright to see the patient. In fact, the nurses could
frequently not confirm objectively the subjective complaints of Ms.
King, including her sensation of shortness of breath. The nurses
perceived her respiratory condition to be relatively stable, but
did notice increasing pedal edema. This edema was present and
noted in the office chart of Dr. Albright as far back as 1989. It
most likely represented cor pulmonale or heart failure related to
severe lung disease. Worsening nutritional status could also
explain edema of a mora generalized nature including facial,
periorbital, or upper extremity edema. Dr. Albright appropriately
ordered gentle p.o. diuresis with Lasix, pulmonary treatments, and
tapering of her glucocorticoid.
In patients with lung disease of this severity, frequent
hospitalizations, emergency room visits, or mechanical ventilation
are generally not helpful in improving outcome or quality of life.
The mainstay of treatment revolves around medications and oxygen
therapy which can be given in a nursing home, as well as in a
hospital setting. The prognosis is extremely poor regardless of
treatment. Vigorous intravenous diuretic therapy is often not
utilized because it can worsen respiratory function by increasing
serum bicarbonate concentrations and causing a hypoventilatory
response to increasing serum carbon dioxide levels.
;
..
re: King v. Albright (Sloan)
Page 3
In summary, this patient I s death, in my opinion, was caused by
severe end-stage COPD secondary to cigarette addiction, not
negligence o~ Dr. .Albright or any other doctor or health care
worker. I do not believe that ~urther action steps taken between
September 3 and September 21, 1992, and including hospitalization,
intravenous diuretics, mechanical ventilation, or other measures
were indicated or would have changed the outcome or quality o~ li~e
in this case. Ms. King had experienced severe end-organ ~ailure o~
her respiratory system which was irreversible and associated with
a very poor prognosis regardless o~ treatment rendered.
Sincerel ,
RLu
Richard W. Sloan, .D.
Chairman, Department o~ Family Practice
RWS/mab
13.
DAVID G. LEE, ADMINISTRATOR OF : IN THE COURT OF COMMON PLEAS
THE ESTATE OF JANET M. KING, : CUMBERLAND COUNTY, PENNSYLVANIA
DECEASED
V
PRESBYTERIAN HOMES, INC. D/B/A
FOREST PARK HEALTH CENTER AND:
DAVID P. ALBRIGHT, M.D. : 94-1068 CIVIL TERM
ORDER OF COURT
AND NOW, June 10, 1997, by agreement of counsel, the above-captioned
matter is hereby continued from the July 7, 1997 Trial Term. The Prothonotary is
directed to relist the case for the September 1997 Trial Term.
By the Court,
~F.
arold E. Sheel , P.J.
M. Mark Mendel, Esq.
For the Plaintiff
William A. Addams, Esq.
For Forest Park
Peter J. Curry, Esq.
For David P. Albright, M.D.
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COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
In The Court of Common Pleas of
Cumberland County, Pennsylvania
No. 1068 Civil Term 1994
Complaint in civil Action and
Notice to Defend
David G. Lee, Administrator of the
Estate of Janet M. King, Deceased
VS
PreSbyterian Homes, Inc. d/b/a
Forest Park Health Center and
David P. Albright, M.D.
Robert L. Fink, Deputy Sheriff, who being duly sworn according
to law, says that on March 10, 1994 at 10:45 o'clock A.M., E.S.T., he served
a true copy of the within Complaint in Civil Action and Notice to Defend, in
the above entitled action, upon the within named defendant, to wit:
Preabyterian Homea, Inc. d/b/a Forest Park Health Center, by making known
unto Kaye Kline, Director of Nursing, at 700 Walnut Bottom Road, Carlisle,
Cumberland county, Pennsylvania, its contents and at the same time handing
to her personally the said true and attested copy of the same.
Robert L. Fink, Deputy Sheriff, who being duly sworn according
to law, says that on March 10, 1994 at 10:55 o'clock A.M., E.S.T., he served
a true copy of the within Complaint in Civil Action and Notice to Defend, in
the above entitled action, upon the within named defendant, to wit: David
P. Albright, M.D., by making known unto Donna Fink, Receptionist and adult
in charge, at 850 Walnut Bottom Road, Carlisle, Cumberland County,
Pennsylvania, its contents and at the same time handing to her personally
the said true and attested copy of the same.
Sheriff's
Docketing
Service
Surcharge
?~~-/<~~~
:~ T~Y~~;:rA
~f
Costs:
18.00
5.60
4.00
27.60
Pd. by Atty.
3-11-94
Sworn and Subscribed to Before Me
This / S 7f::. Day of ))t ......,(,../
~~
1994, A.D. u.u,~().frt.t.i&.... ,LC0"
pWhonotary "
-
.
J
DAVID G. LEE, Administrator
of the Estate of JANET M.
KING, Deceased,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
.
.
v.
NO. 1068 CIVIL 1994
PRESBYTERIAN HOMES, INC.
d/b/a FOREST PARK HEALTH
CENTER; and DAVID P.
ALBRIGHT, M.D.,
Defendant.F.l
.
.
:
.
.
: JURY TR!AI, DEMANDED
PRAECIPE
Sir:
Please enter our appearance for Defendant Presbyterian
Homes, Inc. d/b/a Forest Park Health Center.
FOWLER, ADDAMS, SHUGHART & RUNDLE
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By:
~
Wqll am A. Addams
28 South pitt Street
P.O. Box 208
Carlisle, PA 17013
(717) 249-8300
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TO: Lawrence E. Welker, Prothonotary
DATE: March 18, 1994
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M. MARK MENDEL, LTD.
BY, George F. Schoener, Jr., Esquire
I.D. NO., 28644
1620 Locust Street
Philadelphia, PA 19103
(215) 732-7200
Fax, 546-3277
"
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DAVID G. LEE, Administrator
of the ESTATE OF JANET M.
KING, Deceased
CUMBERLAND COUNTY, PA
COURT OF COMMON PLEAS
vs.
"
PRESBYTERIAN HOMES, INC.
d/b/a FOREST PARK HEALTH
CENTER, et al.
NO.
1068 Civil 1994
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PLAINTIPP'S REPLY TO NEW MATTER
OP DEPENDANT DAVID ALBRIGHT. M.D.
26. Denied. It is denied that portions of paragraph 21 of
plaintiff's Complaint seek damages that are not permitted under
the laws of the Commonwealth of Pennsylvania.
WHEREFORE, plaintiff claims of defendant David Albright,
M.D. a sum in excess of Fifty Thousand Dollars ($50,000.00) and
compensatory damages, together with delay damages, interest and
costs.
Respectfully submitted,
M. MARK MENDEL, LTD.
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F. SCHOEN JR.
Date: May 6, 1994
E:\GFS\Lee\RNH_Albrlght
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DAVID G. LEE
.
V E R I FIe A T ION
DAVID G. LEE hereby states that he is the plaintiff in this
action and verifies that the statements made in the foregoing REPLY
TO NEW MATTER OF DEFENDANT DAVID P. ALBRIGH, M.D. are true and
correct to the best of his knowledge, information and belief. The
undersigned unde:L'stauds that the stacements therein are made
subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn
falsification to authorities.
Date:
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THIS IS A MAJOR JURy CASE
M. MARK MENDEL, LTD.
BY: M. MARK MENDEL, ESQUIRE
Identification No.: 04109
1620 Locust Street
philadelphia, PA 19103-6392
(215) 732-7200
Attorney for Plaintiff
DAVID G. LEE, Administrator
of the ESTATE OF JANET M.
KING, Deceased
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
vs.
PRESBYTERIAN HOMES, INC.
d/b/a FOREST PARK HEALTH
CENTER, et al.
NO. 1068 Civil 1994
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of the plaintiff, David
G. Lee, Administrator of the Estate of Janet M. King, Deceased,
in regard to the above-captioned matter.
M. MARK MENDEL, squire
Attorney for Plai iff
DATE: .r:/1"5~-
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THIS IS A MAJOR JURY CASE
ASSESSMENT OF DAMAGES HEARING REQUIRED.
GEORGE F. SCHOENER, JR., PC
BY: GEORGE F. SCHOENER, JR., ESQUIRE
Identification No.: 28644
Eight Penn Center Plaza
Suite 1675
Philadelphia, PA 19103-2199
Attorney for Plaintiff
o;~'!D G. LEE, ~~niotr3tor
of the ESTATE OF JANET M.
KING, Deceased
COURT O~ C'=MMOl-' PLE.~
CUMBERLAND COUNTY, PA
vs.
PRESBYTERIAN HOMES, INC.
d/b/a FOREST PARK HEALTH
CENTER, et al.
NO. 1068 Civil 1994
WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Kindly withdraw my appearance on behalf of the plaintiff,
David G. Lee, Administrator of the Estate of Janet M. King,
Deceased, in regard ~o the above-capt1oned matter.
L .
GEOR F. SCHOENER I Esquire
Attorney for Plaint ff
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
'lO 'mE plm'tlOfC1'ARY OF ClMIERLA/'Il COUNl'Y
please list the following case:
(Check one)
x
for JURY trial at the next texm of civil court.
for trial without a jUIy.
-----------------------------------------
CAPTION OF CASE
(entire caption nust be stated in full)
(check one)
(X) Civil Action - Law
( ) Appeal fran AIbitration
(
DAVID G. LEE, Administrator of
the ESTATE OF JANET M. KING,
deceased
(other)
(Plaintiff)
vs.
PRESBYTERIAN HOMES, INC. The trial list will be called on 6/10/97
d/b/a FOREST PARK HEALTH
CENTER and DAVID P. ALBRIGHT, M.D. and
Trials coomence on
7/7/97
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(Defendant)
Pretrials will be held on 6/l8/97
(Briefs are due 5 days before pretrialS.)
(The party listing this case for trial shall
provide forthwith a copy of the praecipe to
all counsel, pursuant to local Rule 2l4.l.)
No. 1068
Civil
19 94
Indicate the attorney who will try case for the party who files this praecipe:
William A. Addams for Defendant Forest Park Health Center
Indicate trial counsel for other parties if known: M. Mark MI>ndel. ESe]. fnr
the Plaintiff: Peter J. Curry, Esq. for Defendant Albright
This case is ready for trial.
Signed: :4~
Print Narre:
William A. Addams
Date: May 14, 1997
Defendant Forest Park
Attorney for:
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DAVID G. LEE, Administrator
of the Estate of JANET M.
KING, Deceased,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. l068 CIVIL 1994
PRESBYTERIAN HOMES, INC.
d/b/a FOREST PARK HEALTH
CENTER; and DAVID P.
ALBRIGHT, M.D.,
Defendants
JURY TRIAL DEMANDED
PRAECIPE
Sir:
please mark this action settled and discontinued.
M. MARK MENDEL,
By:
M. Mark
Supreme Court I.D.
l620 Locust Street
Philadelphia, PA 19103 6392
TO: Lawrence E. Welker, Prothonotary
DATE:
::9'<-. I
, 1997
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DAVID G, LEE. Administrator
of the ESTATE OF JANET M,
KING. Deceosed,
Plaintiff
#3
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V,
PRESBYTERIAN HOMES. INC,
d/b/a FOREST PARK HEALTH
CENTER; ond DAVID p,
ALBRIGHT. M,D"
Defendonts
CIVIL ACTION - LAW
NO, 1068 CIVIL 1994
PRETRIAl CONFERENCE
At 0 pretriol conference held October 22, 1997, before
Edgar B, Bayley, Judge. present for the plaintiff wos M. Mark
Mendel, Esquire. for Defendant David p, Albright, M.D" Peter J,
Curry, Esquire. and for Defendant Presbyterian Homes, Inc"
Williom A, Addoms, Esquire.
This is a wrongful deoth ond survivol action alleging
medicol malpractice against 0 nursing home and a treoting
physician, Plaintiff, decedent, Janet M, King. was admitted to
the defendont nursing home on September 3. 1992, She died on
September 21, 1992. Plaintiff maintains that Dr, Albright ond
the nursing home foiled to provide her odeQuate care ond that
failure caused her untimelY death,
Decedent hod not been working, ond there is no
component for loss of eorning capacity in plaintiff's claim.
Eoch ottorney should provide 0 brief to the triol Judge setting
forth the issues as to liability and the opplicable law,
The Juror challenges ollocated to eoch porty sholl be
determined by the trial Judge,
doys,
of trial, four
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M, Mork Mendel. Esquire
For Plaintiff
Peter J, Curry, Esquire
For Defendant Dovid p, Albright. M,D.
Williom A. Addoms, Esquire
For Defendant Presbyterian Homes
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THIS IS A MAJOR JURY CASE
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M. MARK MENDEL, LTD.
BY: M. MARK MENDEL, ESQUIRE
Identification No.: 04109
1620 Locust Street
Philadelphia, PA 19103-6392
(215) 732.7200
Attorney for Plaintiff
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DAVID G. LEE, Administrator
of the ESTATE OF JANET M.
KING, Deceased
: COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
vs.
PRESBYTERIAN HOMES, INC.
dlbla FOREST PARK HEALTH
CENTER, et al.
: NO. 1068 Civil 1994
STANDARD OF CARE
NURSING HOMES
A nursing home can be held liable under general principals of common law for
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acts and omissions involving the care of patients under the doctrine of respondeat
superior for any negligent acts or omissions of its employees that are committed within
the course and scope of the employees' duties, A search of Pennsylvania case law has
disclosed no decisions specifically discussing the standard of care applicable to nursing
homes where a negligence cause of action is asserted by or on behalf of a
patienUresident. It would appear, therefore, that the measure of duty, or standard of
care, applicable to a private nursing home is essentially the same as that of a private
hospital. It involves the exercise by the home of that degree of care, skill and diligence
that is ordinarily exercised by a private nursing home in the community. (See B3 ALR 3d,
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871, 875),
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Although not an absolute insurer of the health and safety of its residents, a nursing home I
in supervising, monitoring and caring for its patients must exercise such reasonable care
and attention for a patient's safety as hislher weakened mental and physical condition,
which rendered him unable to care for himself, may require. The duty, therefore,
depends upon the particular circumstances of the case.
In addition to the general standard of care imposed on nursing homes by virtue
of their care-giving role one should look to statutes, regulations, contractual terms and ,
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representations of the specific home in question. For example, the mission statement :
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adopted by defendant, Forest Park, and communicated to the patients states as follows: I
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At a minimum, Forest Park is held to an internally promulgated standard of care I
OUR MISSION
The mission of Presbyterian Homes, Jnc, is to offer Christian
understanding, compassion, and a sense of belonging to those
whose needs may be physical, psychological, social, financial, or
spiritual in nature, by providing a full range of high quality health
care, housing, and other related community services directed
primarily to the elderly, and which contribute to the wholeness of
body, mind, and spirit.
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requiring the provision of a full range of bigh Quality health care which contributes to the
wholeness of body, mind and spirit.
By virtue of the fact that Forest Park is a Medicare certified institution and
participates in that program as an "extended care facility" it is subject to national
standards for nursing homes contained in the Federal Regulations, 42 CFR ~83 et
seq. (Requirement for Long Term Care Facilities) These regulations provide in part:
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A 483.20 Resident assessment.
The facility must conduct Initially and periodically a comprehensive, accurate,
standardized, reproducible assessment of each resident's functional capacity.
(a) Admission orders, At the time each resident is admitted, the facility must
have physician orders for the resident's immediate care.
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Comorehensive assessments.
The facility must make a comprehensive assessment of a residenfs needs,
(b)
(1)
which -
(i) Is based on a uniform data set specified by the Secretary and uses an
instrument that is specified by the State and approved by the Secretary; and
(ii) Describes the resident's capability to perform daily life functions and
significant Impairments in functional capacity.
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(2)
information:
(I)
(ii)
(iii)
(Iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xl)
(xii)
(xiii)
(3)
(4)
(i)
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The comprehensive assessment must include at least the following
Medically defined conditions and prior medical history;
Medical status measurement;
Physical and mental functional status;
Sensory and physical impairments;
Nutritional status and requirements;
Special treatments or procedures;
Mental and psychosocial status;
Discharge potential;
Dental condition;
Activities potential;
Rehabilitation potential;
Cognitive status; and
Drug therapy.
[Reserved]
Freauencv. Assessments must be conducted -
No later than 14 days after the date of admission;
(iv) Promptly after a significant change in the resident's physical or mental
condition and
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S483.25 Quality of care.
Each resident must receive and the facility must provide the necessary care and
services to attain or maintain the highest practicable physical, mental, and psychosocial
well-being, In accordance with the comprehensive assessment and plan of care.
(a) Actiyitles of daily IIvina. Based on the comprehensive assessment of a
resident, the facility must ensure that
(1) A resident's abilities In activities of daily living do not diminish unless ,
circumstances of the Individual's clinical condition demonstrate that diminution was
unavoidable. This includes the resident's ability to
(i) Bathe, dress and groom;
(Ii) Transfer and ambulate;
(III) Toilet;
(Iv) Eat; and
(v) use speech, language, or other functional communication systems, :
(2) A resident is given the appropriate treatment and services to maintain or I
improve his or her abilities specified in paragraph (a)(1) of this section; and I
(3) A resident who is unable to carry out activities of daily living receives the
necessary services to maintain good nutrition, grooming, and personal and oral hygiene.
(I) Unnecessarv druas - (1) General. Each residenrs drug regimen must be
free from unnecessary drugs, An unnecessary drug Is any drug when used:
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(Iii) Without adequate monitoring; or
(Iv) Without adequate indication for Its use; or
(v) In the presence of adverse consequences which indicate the dose should
be reduced or discontinued; or
S483.40 Physical Services.
(a) Phvsician suoervision, The facility must insure that -
(1) The medical care of each resident Is supervised by a physician; and
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(2) Another physician supervisors the medical care of residents when their
attending physician is unavailable.
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(d) Availability of ohyslcians for emeraencv care, The facility must provide or
arrange for the provision of physician services 24 hours a day, In case of an emergency,
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Undar thesa regulations, nursing homes are directed to care for residents "in such
a manner and in such an environment as will promote maintenance or enhancement of .
the quality of life of each resident. Services should be provided to attain or maintain the
highest practicable physical, mental and psychosocial well-being of each resident.
Failure to meet these standards can be considered by the jury as evidence of
negligence.
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M. MARK MENDEL, LTD.
M, MARK MENDEL, ESQUIRE
Attomey for Plaintiffs
DATE: October 21. 1997
.:\pIIlII.....\ooc
5
CIVIL ACTION - LAW
DAVID G. LEE, ADMINISTRATOR I
OF THE ESTATE OF JANET M. I
XING, deceased, I
Plaintiff I
I
V. I
6
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
PRESBYTERIAN HOMES, INC.,
D/B/A FOREST PARK HEALTH
CENTER AND DAVID P. ALBRIGHT, I
M.D., :
Defendants 94-1068 CIVIL TERM
IN RE I PRETRIAL CONFERENCE
At a pretrial conference held Wednesday, August 27,
1997, before the Honorable Harold E. Sheely, President Judge,
present for the Plaintiff was Daniel E. Murray, Esquire.
Representing Forest Park Health Center was William A. Addams,
Esquire. Representing David P. Albright, M.D., was Peter J.
Curry, Esquire.
This case was continued from the July term of
court, and was listed for trial accordingly for the term of
court commencing September 15th, 1997. Plaintiffs intend to
call as an expert witness a registered nurse by the name of
William M. Baughman. This report was received by the Defendants
on or about July 8th, 1997, and Mr. Addams believed that based
on the RN expert report of the Plaintiff that an expert was also
needed by the nursing home. He has engaged an RN expert
witness. However, the expert has not been able to supply her
report as of this date.
Therefore, I believe it would be unfair to
Plaintiff to require them to proceed to trial without knowing in
advance what the Defendant's expert RN would say. I, therefore,
direct that the case be continued until the term of court
commencing November 10th, 1997. The parties shall appear for
--
94-1068 CIVIL TERM
another pretrial conference at 9100 a.m. on October 22nd, 1997.
I would direct that the Prothonotary list the case
for trial for that term of court, and I would ask counsel to
submit new pretrial memorandums for the pretrial conference.
I would also ask that counsel submit in their pretrial
memorandums any case authority which would set forth the
standard of care for a nursing home.
By the Court,
Daniel E. Murray, Esquire
M. Mark Mendel, LTD.
1620 Locust Street
Philadelphia, PA 19103
For Plaintiff
William A. Addams, Esquire
28 South Pitt Street
Carlisle, PA 17013
For Forest Park
Peter J. Curry, Esquire
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
For David P. Albright, M.D.
Court Administrator
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DAVID G. LBB, ADMINISTRATOR
OF THE BSTATB OF JANET M.
XING, deceased,
Plaintiff
6
IN THE COURT OF COMMON PLEAS OF
CUMBBRLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
PRESBYTERIAN HOMBS, INC.,
D/B/A FOREST PARlt HEALTH
CENTER AND DAVID P. ALBRIGHT,
M.D.,
Defendants 94-1068 CIVIL TBRM
IN RE: CONTINUANCB
ORDER OF COURT
AND NOW, this 27th day of August, 1997, the Court
directs that the Prothonotary relist this case for the te~ of
court commencing November 10th, 1997.
By the Court,
F,
Sheely, P.J.
Daniel B. Murray, Esquire
M. Mark Mendel, LTD.
1620 Locust Street
Philadelphia, PA 19103
For Plaintiff
William A. Addams, Esquire
28 South pitt Street
Carlisle, PA 17013
For Forest Park
Peter J. Curry, Esquire
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
For David P. Albrig~t, M.D.
Court Administrator
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THOMAS. THOMAS & HAFER
BY: Peter J. Curry, Esquire
IDENTIFICATION NO,: 16622
305 North F,onl 51"0:
p, 0, Bo. 999
Horrllburg. PA 17109
(7171255.7837
AlIornoy 10' Defendant Albright
DA VID G. LEE, Administrator
of the Estate of JANET M.
KING, deceased,
Plaintiff
v.
PRESBYTERIAN HOMES, INC. d/b/a
FOREST PARK HEAL TH CENTER and
DA VID P. ALBRIGHT, M.D.,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
:
.
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: No. 1068 CIVIL 1994
:
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NOTICE TO PLEAD
TO: David G. Lee, Plaintiff
and
George F. Schoner, Jr., Esquire, his attorney
You are hereby given notice to plead to the within New Matter within
twenty (20) days of service hereof or a default judgment may be entered against you.
DA TED: 3 ~ tiV
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108
I.D. No. 16622
Attorneys for Defendant Albright
v.
:
THOMAS, THOMAS & HAFER
BY: Peter J. Curry, Esquire
IDENTIFICATION NO,: 16622
306 NOrlh Fron: 5trol:
P. O. Bo' 898
Hllrilburg, PA 17108
(7171265-7837
AllornlY for Defendant Albright
DA VID G. LEE, AdmInistrator
of the Estate of JANET M.
KING, deceased,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
:
PlaIntIff
.
.
: No. 1068 CIVIL 1994
:
PRESBYTERIAN HOMES, INC. d/b/a :
FOREST PARK HEAL TH CENTER and :
DA VID P. ALBRIGHT, M.D., :
Defendants :
ANSWER WITH NEW MA ITER
OF THE DEFENDANT, DA VID P. ALBRIGHT, M.D.,
TO PLAINTIFF'S COMPLAINT
AND NOW comes the Defendant, DavId P. Albright, M.D., through his
attorneys, Thomas, Thomas & Hafer, to answer PlaIntIff's Complaint as follows:
1 - 2. The averments contained In Paragraphs 1 and 2 of Plaintiff's
ComplaInt are admitted.
3. The averments contained in Paragraph 3 of Plaintiff's Complaint do
not pertain to the responding Defendant and no answer is required. Furthermore, said
averments set forth conclusions as opposed to statements of fact and no answer is
required for this reason also.
4. The averments contained in Paragraph 4 of Plaintiff's Complaint are
denIed as stated. It is admitted that at all times material hereto Dr. Albright was a
physician licensed to practice medicine under the laws of the Commonwealth of
Pennsylvania and that he specialized in the area of internal medicine, to include routine
geriatric care.
5. The averments contained in Paragraph 5 of Plaintiff's Complaint are
admitted In part and denied in part. It is admitted that at all times material hereto
Dr. Albright acted in his individual capacity. The remaining averments contained in
Paragraph 5 of Plaintiff's Complaint are denied.
6 - 11. The averments contained in Paragraphs 6 through 11 of
Plaintiff's Complaint are admitted.
12 - 13. The averments contained in Paragraphs 12 and 13 of Plaintiff's
Complaint set forth conclusions as opposed to statements of fact and no response is
required. Nevertheless, said averments are denied and proof thereof is demanded at
the time of trial.
14. The averments contained in Paragraph 14 of Plaintiff's Complaint
do not pertain to the responding Defendant and no answer is required. However, to
the extent that said averments are intended to implicitly or expressly allege
negligence, carelessness and recklessness on the part of Dr. Albright, said averments
are denIed and proof thereof is demanded at the time of trial.
15. The averments contained in Paragraph 15 of Plaintiff's Complaint
do not pertain to the responding Defendant and no answer is required. Furthermore,
saId averments set forth conclusions as opposed to statements of fact and no
response is required for this reason also.
16. The averments contained in Paragraph 16 of Plaintiff's Complaint
set forth conclusions as opposed to statements of fact and no response is required.
Furthermore, the responding Defendant believes and therefore avers that at all times
relevant hereto he acted In accordance with the required standards of medical care.
COUNT I
(Wrongful Death Action)
17. Paragraphs 1 through 16 of this Answer with New Matter to
Plaintiff's Complaint are Incorporated herein by reference as If set forth at length.
18. The averments contained In Paragraph 18 of Plaintiff's Complaint
set forth conclusions as opposed to statements of fact and no response Is required.
Nevertheless, said averments are denied and proof thereof is demanded at the time
of trial.
19. The responding Defendant is without knowledge or information
sufficient to either admit or deny the averments contained In Paragraph 19 of
Plaintiff's Complaint. Pursuant to the Pennsylvania Rules of Civil Procedure, said
averments are therefore denied and proof thereof is demanded at the time of trial.
20. It is admitted that Plaintiff is claiming monetary damages from the
Defendants. However, the responding Defendant denies any liability or responsibility
for the alleged damages.
21. The averments contained in Paragraph 21 of Plaintiff's Complaint
set forth conclusions as opposed to statements of fact and no response Is required.
,", ,~r..,~:..?:,<!
Nevertheless, said averments are denied and proof thereof Is demanded at the time
of trial.
22. Upon Information and belief the averments contained In
Paragraph 22 of Plaintiff's Complaint are admitted.
23. It Is admitted that Plaintiff Is bringing this action pursuant to
42 Pa. C.S. fl8301 et seq. and In accordance with the applicable Pennsylvania Rules
of Civil Procedure. It Is further admitted that he Is claiming all benefits permitted
under the applicable law. However, the responding Defendant denies any liability or
responsibility to the Plaintiff under said law.
WHEREFORE, the responding Defendant demandsjudgment
In his favor and against Plaintiff.
COUNT /I
(Survival Action)
24. Paragraphs 1 through 23 of this Answer with New Matter to
Plaintiff's Complaint are Incorporated herein by reference as If set forth at length.
25. It Is admitted that Plaintiff is also pursuing this action pursuant to
42 Pa. C.S. fl8302 et seq. and that he is seeking the benefits and damages permitted
pursuant to said statute. However, the responding Defendant denies any liability or
responsibility to the Plaintiff under said statute.
WHEREFORE, the responding Defendant demands judgment in his favor
and against Plaintiff.
> ----
NEW MA TTER
By way of further answer to Plaintiff's Complaint the responding
Defendant offers the following New Matter:
26. To the extent that Paragraph 21 of Plaintiff's Complaint sets forth
a claim for "loss of companionship, consortium, joy, affection, comfort and society",
the responding Defendant believes that Plaintiff is setting forth a claim upon which
relief may not be granted pursuant to the laws of the Commonwealth of Pennsylvania.
WHEREFORE, the responding Defendant respectfully requests that
Plaintiff's claim for loss of companionship, consortium, joy, affection, comfort and
society be dismissed and judgment entered in his favor.
THOMAS & HAFER
,
-/
//
Attorneys for Defendant Albright
DATED: 311arJ If9'/
VERIFICA TION
I, David P. Albright, M.D., have read the foregoing ANSWER TO
PLAINTIFF'S COMPLAINT and hereby affirm that It Is true and correct to the best of
my personal knowledge, or Information and belief. This Verification and statement Is
made subject to the penalties of 18 Pa.C.S. !4094 relating to unsworn falsification
to authorities; I verify that all the statements made In the foregoing are true and
correct and that false statements may subject me to the penalties of 18 Pa.C.S.
!4904.
h~P. ~~
DA VID P. AL8RIGHT, M.D.
DA TED:
. ,- _'.S
. I ., ,c,'
.,.--.-
CERTIFICA TE OF SERVICE
I, Peter J. Curry, Esquire, do hereby certify that I served the within
ANSWER WITH NEW MA ITER TO PLAINTIFF'S COMPLAINT by deposIting a copy of
the same In the United States Mail, postage prepaid, at Harrisburg, Pennsylvania,
addressed to:
George F. Schoner, Jr., Esquire
1620 Locust Street
Philadelphia, PA 19103
Presbyterian Homes, Inc.
dlbla Forest Park Health Center
700 Walnut Bottom Road
Carlisle, PA 17013.3699
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DAVID G. LEE, Administrator
of the Estate of JANET M.
KING, Deceased,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 1068 CIVlL 1994
PRESBYTERIAN HOMES, INC.
d/b/a FOREST PARK HEALTH
CENTER; and DAVID P.
ALBRIGHT, M.D.,
Defendants
.
.
.
.
:
: JURY TRIAL DEMANDED
ANSWER
AND NOW, comes the defendant, Presbyterian Homes, Inc.
d/b/a Forest Park Health Center, by its attorneys, Fowler,
Addams, shughart & Rundle, and makes the following answer to the
plaintiff's complaint:
l-2. Admitted.
3. The conclusion of law is denied.
4. Admitted.
5. The conclusion of law that Dr. Albright was acting as
the agent of Defendant Forest Park is denied.
6. Admitted.
7. Admitted except that Mrs. King was transferred to
Forest Park for intermediate, not "immediate" care.
8. Admitted.
9. Admi tted.
10. Admitted.
11. After reasonable investigation, the defendant is
without knowledge sufficient to form a belief as to the truth of
the averment. The same is therefore denied.
12. The conclusion of law is denied. It is specifically
denied that the defendant can be found liable for the conduct of
independent contractors.
l3. It is denied that the decedent was exposed to an
increased risk of harm and sustained injuries, and the conclusion
of law is denied.
l4. The conclusion of law that any injury and/or medical
complications sustained by the decedent were the result of the
negligence, carelessness or recklessness of the defendant is
denied and the answer to Paragraph 12 is incorporated herein by
reference.
15. The conclusion of law that the defendant had a right
and duty to control independent contractors is denied.
l6. Not applicable to this defendant.
COUNT I
17. The answers to Paragraphs 1-16 are incorporated herein
by reference.
lB. The conclusion of law is denied.
19. The answer to Paragraph 11 is incorporated herein by
reference.
20. After reasonable investigation, the defendant is
without knowledge sufficient to form a belief as to the truth of
the averments regarding the plaintiff's injuries and damages.
The same are therefore denied.
2l-23. The answer to Paragraph 20 is incorporated herein by
reference.
WHEREFORE, the defendant requests Count I be dismissed.
COUNT II
24. The answers to Paragraphs 1-23 are incorporated herein
by reference.
25. The answer to Paragraph 20 is incorporated herein by
reference.
WHEREFORE, the defendant requests the complaint be
dismissed.
FOWLER, ADDAMS, SHUGHART & RUNDLE
By:
~:-;1 /~
~/d:~ ?6~
W II am A. Addams
28 South Pitt Street
P.O. Box 208
Carlisle, PA 17013
(717) 249-8300
Attorneys for Defendant
Presbyterian Homes, Inc.
d/b/a Forest Park Health Center
rt-:~'i:~~
VERIFICATION
Sandra K.
Griffin
who is the
Administrator of Presbyterian Homes,
Inc. d/b/a Forest Park Health Center, hereby verifies that the
facts set forth in the foregoing Answer are true and correct to
the best of his/her knowledge, information and belief, and
understands that false statements herein are made subject to the
penalties of 18 Pa. C.S. 54904 relating to unsworn
falsifications.
DATE: March 30, 1994
CERTIFICATE OF SERVICE
AND NOW, this 13th day of April, 1994, I, William A. Addams,
of Fowler, Addams, Shughart & Rundle, attorneys for Defendant
Presbyterian Homes, Inc., d/b/a Forest Park Health center, hereby
certify that I have served a copy of the Answer by mailing a copy
of the same by United States mail, postage prepaid, addressed as
follows:
George F. Schoener, Jr., Esquire
M. Mark Mendel, LTD.
1620 Locust street
Philadelphia, PA 19103
Peter J. Curry, Esquire
Thomas, Thomas & Hafer
305 North Front Street
Harrisburg, PA 17101
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THOMAS, THOMAS & HAFER
BY: Peter J. Curry. Esquire
IDENTIFICATION NO,: 16622
305 Nonh Fron: S:rel:
P. O. Box B99
Hlrrlaburg. PA 17109
17171255.7637
AllornlV 10' Defendent Albright
DA VID G. LEE, Administrstor
of the Estste of JANET M.
KING, decessed,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
:
Plsintiff
.
.
: No. 1068 CIVIL 1994
v.
:
:
PRESBYTERIAN HOMES, INC. d/b/s
FOREST PARK HEAL TH CENTER snd
DA VID P. ALBRIGHT, M.D.,
Defendsnts
:
.
.
.
.
.
.
PRE-TRIAL MEMORANDUM OF THE DEFENDANT. DAVID P. ALBRIGHT. M.D.
I. FACTS
This is s medicsl mslprsctice sction srising out of the desth of Jsnet King
on September 21, 1992, while s resident st the Forest Psrk Heslth Center. Dr.
Albright wss her physicisn st the time.
At the time of her desth Mrs. King wss 63 yesrs old snd she hsd been
suffering for msny months from severe end-stsge oxygen dependent, Chronic
Obstructive Pulmonsry Disesse (COPD). Her Isborstory studies ss fsr bsck ss April
of 1992 indicsted severe irreversible lung disesse with s very poor prognosis. She
hsd been sdmitted to the Carlisle Hospital from August 18 to August 21, 1992 for an
exacerbation of the COPD as well as depression. She was readmitted to the Carlisle
Hospital between August 30 and September 3, 1992 for a further exacerbation of her
COPD, Theophylline toxicity, and chronic anxiety disease with a history of depression.
At discharge it was apparent thet she could no longer live independently so she was
discharged to Forest Park on September 3, 1992.
While at Forest Park Mrs. King's condition continued to deteriorate
leading to her death on September 21, 1992. The Plaintiff's are contending that the
care provided to Mrs. King by both Dr. Albright and the staff at Forest Park fell below
the accepted standards of medical care and did not comply with "state and federal
regulations". The Defendants are denying these contentions. On the contrary, the
Defendants maintain that the care provided by the Forest Park staff was appropriate
and that the treatment prescribed by Dr. Albright and/or his associates, complied with
the required standards of medical care.
II. ISSUES
As indicated above, this is a medical malpractice case. Therefore, the
basic liability issues as to Dr. Albright are: Did his treatment of Mrs. King comply with
the required standards of medical care; if not, was his management the cause of or
a substantial factor in producing the injuries and damages alleged by the Plaintiffs?
With respect to the issue of damages, there will be issues with respect
to Mrs. King's life expectancy, quality of life, etc. In some respect these issues are
tied to the csusstlon Issue from the IIsbl/lty perspective. It does not sppesr ss though
these Issues hsve been sddressed by Plslntlff's experts.
III. LEGAL ISSUES
None st this time.
IV. WITNESSES
The Defense on behslf of Dr. Albright Intends to csll Dr. Albright,
members of the Forest Psrk stsff snd possibly Dr. Steven Hstleberg ss fsct witnesses
st the time of trlsl. The Defense reserves the right to csllsny fsct witnesses Identified
In the Pre-trlsl Memorsnds of the other psrtles to this IItlgstlon. In sddltlon, the
Defense Intends to csll Dr. Rlchsrd Slosn ss sn expert witness st the tIme of trlsl. Dr.
Slosn's report Is sttsched hereto for the convenience of the Court.
V. EXHIBITS
The Defense sntlclpstes thst Plslntlff's counsel will Introduce the re/evsnt
medlcsl records st the time of trlsl, Including the Csrllsle Hospltsl records, Dr.
Albright's office records snd the Forest Psrk Records. In the event Plslntlff's counsel
fsl/s to do so, the Defense reserves the right to do so.
VI. SETTLEMENT STA TUS
On or about June 9, 1997 PlaIntiff's counsel issued a $325,000
settlement demand. Thereafter he apparently offered the Co-defendant a Joint Tort
Feasor Release in consideration for the sum of $125,000. The Co-defendant Nursing
Home subsequently offered $45,000, which apparently has been refused by Plaintiff's
counsel. There have been no settlement negotiations on behalf of Dr. Albright.
Respectfully submitted,
DA TED: (IJ 10 (r 7
r J. urry
305 North Fron Street
P. O. Box 999
Harrisburg, PA 17108
1.0. # 16622
Attorneys for Defendant Albright
CERTIFICA TE OF SERVICE
I, Peter J. Curry, Esquire, do hereby certify that I served the within Pre-
Trllll Memorllndum of the Defendllnt, DlIvld P. Albright, M.D. by depositing 8 copy of
the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania,
addressed to:
M. Mark Mendel, Esq.
M. MARK MENDEL, LTD.
1620 Locust Street
Philadelphia, PA 19103-6392
William A. Addams, Esquire
FOWLER, ADDAMS, SHUGHART & RUNDLE
P. O. Box 20B
28 South Pitt Street
Carlisle, PA 17013
TH~OMAS
B'I,
er. "
305 North Front Street
P. O. Box 999
Harrisburg, PA 17108
I.D. No. 16622
Attorneys for Defendant Albright
DATED: !r{)!r7(f7
DAVID G. LEE, Administrator
of the Estate of JANET M.
KING, Deceased,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 1068 CIVIL 1994
PRESBYTERIAN HOMES, INC.
d/b/a FOREST PARK HEALTH
CENTER; and DAVID P.
ALBRIGHT, M.D.,
Defendants
JURY TRIAL DEMANDED
PRETRIAL MEMORANDUM OF
DEFENDANT FOREST PARK HEALTH CENTER
l. FACTS: The Plaintiff's decedent, Janet L. King, was
discharged from the Carlisle Hospital on September 3, 1992 by
Dr. Albright and admitted to Forest Park Health Center suffering
from advanced chronic obstructive pulmonary disease. She expired
on September 21, 1992. The Plaintiff alleges that the nursing
staff and Dr. Albright failed to meet the appropriate standards
of care in attending to Mrs. King.
2. DAMAGES: The Plaintiff has filed wrongful death and
survival actions.
3. ISSUES: Whether either defendant's actions or failure
to act were negligent.
4. EVIDENCE: No problems are anticipated.
5. WITNESSES: Judith S. Hamlet, R.N.
Pamela J. Schlusser, L.P.N.
Harold Kretzing, M.D.
6. EXHIBITS: The patient's chart.
.
7. SETTLEMENT NEGOTIATIONS: Forest Park is awaiting
Plaintiff's response to its offer.
Respectfully submitted,
FOWLER, ADDAMS & RUNDLE
By:
.,/~~
~~~ Addams
28 South Pitt Street
P.O. Box 208
Carlisle, PA l70l3
(717) 249-8300
Attorneys for Defendant
Presbyterian Homes, Inc.
d/b/a Forest Park Health Center
Date: October 22, 1997
~T 211997
.
THIS IS A MAJOR JURY CASE
M. MARK MENDEL. LTD.
BY: M. MARK MENDEL, ESQUIRE
Identification No,: 04109
1620 Locust Street
Philadelphia, PA 19103-6392
(215) 732-7200
Attorney for Plaintiff
DAVID G. LEE, Administrator
of the ESTATE OF JANET M.
KING, Deceased
: COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
vs,
PRESBYTERIAN HOMES, INC.
dlbla FOREST PARK HEALTH
CENTER, et al.
: NO. 1068 Civil 1994
PLAINTIFF'S PRETRIAL MEMORANDUM
FACTS:
This is a medical malpractice case against a nursing home and treating physician
arising out of the treatment rendered to Janet King resulting in her death, Following a
series of hospitalization at Carlisle Hospital, Janet L. King, then age 63, was admitted
to Forest Park Health Center on September 13, 1992 under the care and supervision of
defendant, David C. Albright, M,D. At the time of her admission, she was suffering from
chronic obstructive pulmonary disease, Due to the failure of the Forest Park nursing
staff and Dr. Albright, to meet the standard of care in treating Mrs. King's medical
condition, she deteriorated and died. Throughout the record from the Forest Park
admission, there are notations of progressive edema and dyspnea which necessitated
physician evaluation and intervention. The edema became so severe that Mrs, King's
skin started to breakdown and fluid seeped from the wounds. Dr, Albright only saw his
patient on admission and to sign her death certificate,
DAMAGES:
Wrongful death and survival damages,
Plaintiffs decedent was not employed at the time of her death,
ISSUES:
Whether the defendants were negligent in failing to render the appropriate care
in view of Mrs, King's condition, symptoms, test results and complaints and whether that
failure resulted her hastened and untimely demise,
:;~....:;~ .' .J:""~
.,
These issues are addressed in the reports of William Vaughan, R.N., B,S,N"
Raymond Silk, M,D" Robert A. Weisberg, M,D, and Irving Huber, M.D. (copies of the
reports are attached hereto)
':VIDENTIARY PROBLEMS ANTICIPATED:
Stipulation re admission of medical records of Carlisle Hospital and Forest Park
PLAINTIFF'S WITNESSES:
David G, Lee - decedent's son
Judith S, Hamlet, R.N., - nurse of Forest Park
Pamela J, Schlusser, L.P,N. - nurse of Forest Park
David P. Albright, M,D,
Steven Halleberg, M,D.
Raymond E, Silk, M.D. - expert (report attached)
William M. Vaughan, R.N. - expert (report attached)
Irving Huber, M.D, - expert (report attached)
Robert A. Welsburg, M.D. - expert (report attached
Records Custodian: Carlisle Hospital, Forest Park (Stipulation requested)
Current Administrator: Forest Park
Plaintiff reserves the right to call any witness identified in defendants' Pre-Trial
Memorandum,
EXHIBITS:
Records: Forest Park
Records: Carlisle Hospital
ANTICIPATED TRIAL TIME:
Two days for plaintiffs case
SETTLEMENT:
PLAINTIFF'S DEMAND: $325,000,00
DEFENDANTS' OFFER: $ 45,000,00 (on behalf of Presbyterian Homes)
M. MARK MENDEL, LTD.
DATE: October 20, 1997
.:'f>attIo\lee'f>m2
M. MARK MENDE ,E QUIRE
Attorney for Plaintiff
(,
WILLIAM M. VAUGHAN R.N., D.S.N.
1271 Courtney Lane
Delcamp, Md. 21017
August 25, 1997
M. Mark Mendel, Esquire
M. Mark Mendel, LTD.
1620 Locust Street
Philadelphia, Pa. 19103-6392
Re: Janet King v. Presbyterian Homes et al.
Dear Mr. Mendel:
I have now completed my review of the medication administration records
(three pages), nursing assessment and evaluation (two pages) and the graphic chart
(1 page) of the late Janet King. These documents along with the other information I
have reviewed concerning the care of Mrs. King demonstrate that the standard of
care was not met as outlined below:
1. Janet King gained a significant amount of weight over a very short
period yet the nursing staff failed to notifY the physician regarding this change in her
condition. When admitted to the facility on 9/3/92 her weight was noted to be 126
pounds. This was consistent with her hospital weight of57.2 kilograms (125.84
pounds). She was next weighed at the Forest Park Health Center on 9/15/92 when
,-.. -- ."""~.~ ",.,
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her weight was documented as 141 Y2 pounds. This weight reflected a 15 Y2 pound
weight gain over a 12 day period. Weight gain of this magnitude in less than two
weeks almost without exception is due to fluid retention rather than an
improvement in one's nutritional status. Janet King had in fact developed massive
edema since the time of her admission to the facility. The nursing staff never notified
her attending physician or any physician ofthe weight gain experienced by Mrs.
King. This infonnation, which was an objective measurement of her fluid status,
would have assisted the physician in assessing just how much fluid she was
retaining. It was another indication of the degree to which her condition had
deteriorated since she arrived at the Forest Park Health Center.
2. On 9/17/92 the dietician at the Forest Park Health Center perfonned
a flawed nutritional assessment of Janet King. It was flawed in that the dietician
based this assessment on Mrs. King's admission weight of 126 pounds (9/3/92)
while ignoring her current weight of 141 Y2 pounds (9/15/92). This current weight
was readily available to the dietician on 9/17/92 as the nursing staff had just
documented it in the medical record two days previously. Had the dietician used her
current weight when assessing Mrs. King presumably the significant weight gain
would have been recognized and appropriate dietary interventions instituted to
address it.
2
"
3. On 9/20/92 Janet King's clinical condition further deteriorated.
Brown secretions were noted in her mouth during the day. In the evening she was
very sedate which was a dramatic change from her previous behavior. When she
stood or sat she did so with her head hanging down drooling. During the early
morning hours of 9/21/92 the nursing staff observed her to be pale, lethargic and
moderately dyspneic. Apnea of 15 seconds duration was noted. Despite this decline
in her condition the nursing staff did not assess her by way of vital signs until
9/21/92 at 9:25 AM. At that point she was found to be hypothermic with a
temperature of 94.9 degrees. During the afternoon of9/21/92 her condition was
described as poor with labored and moist respirations. Periods of apnea were again
observed. The nursing staff never reassessed her vital signs until they were non-
existent at the time of her death. This absence of such basic monitoring coupled with
the previously described lack of appropriate interventions for this resident who
had requested to be a full code is below the standard of care.
Please contact me if I can be of further assistance to you.
Very truly yours,
1.).\.\\. ~~ ~
William M. Vaughan R.N., B.S.N.
3
WILLIAM M. VAUGHAN, R.N., B.S.N.
1271 Courtney Lane
Belcamp, MD 21017
July 1,1997
M. Mark Mendel, Esquire
1620 Locust Street
Philadelphia, PA 19103
Dear Mr. Mendel:
At your request, I have reviewed the care of Janet L. King, while she was a resident
at the Forest Park Health Center from 9/3/92 until she expired on 9/21/92. I examined her
medical records from the Forest Park Health Center, as well as her medical records from
the Carlisle Hospital for the dates 8/30/92 through 9/3/92, I would also request an
opportunity to review the following documents, which were not found in the Forest Park
Health Center medical records:
1. Medication administration records;
2. Treatment administration records;
3, Intake and output records (if they exist);
4. Vital sign records (if they exist);
5, Weekly weight records;
6. Consultant pharmacist review record (if it exists); and
7. Skin sheets.
Even without seeing these other documents, it Is obvious that the staff at the Forest
Park Health Center failed to meet the standard of care while attending to Janet King, The
lack of appropriate interventions include the following:
(a) The nursing staff failed to promptly notify the attending physician when
this resident began retaining fluid in her lower extremities, This change in her condition
was first noted on 9/5/92 at 10:00 AM. when the nursing staff observed both of her ankles
to be very edematous, During the evening of 9/5/92 her feet and ankles were edematous
and painful, which prompted the nursing staff to administer Tylenol. By 9/9/92 her fluid
retention had progressed to the point that both of her eyes were edematous, Although this
finding was apparent at 5:00 A.M, on 9/9/92, the physician was still not called until
sometime during the evening shift that day. When he was contacted, he ordered Lasix 40
mgs. now and then 40 mgs. daily, He also ordered blood chemistries to be done in one
week.
The nursing staff failed to meet the standard of care by not promptly
notifying the physician of the existence and progression of this already compromised
resident's edema, This delayed the treatment of same and forced Janet King to suffer
unnecessarily,
(b) On 9/11/92 the nursing staff noted a 3 by 2 centimeter blister on the
resident's right foot and a ,3 cm. area on her left leg, Clear drainage was seen coming
from the area on her left leg, Again the nursing staff did not notify the physician regarding
this deterioration in the resident's condition until 5 days later, On 9/16/92 the nursing staff
wrote that there was a .5 cm, area on her left leg that was weeping fluid constantly. Her
legs were extremely edematous and constantly wet with seeping fluid, There were now
several open areas on her right leg. At that point, the physician was called and gave
treatment order for Granulex dressings to both legs three times a day until healed.
The nursing staff failed to meet the standard of care by this significant
delay in notifying the physician regarding the development of skin breakdown in this grossly
edematous resident. Additionally, they failed to initiate any treatment to these areas from
9/11/92 until 9/16/92. This lack of treatment unnecessarily increased this resident's risk of
developing an infection and further skin breakdown,
(c) On 9/14/92 blood tests were obtained as had been ordered on 9/9/92,
Numerous abnormalities were noted, the most critical of which was an elevated potassium
of 6.2 mmollL (reference range 3,6-5,2 mmollL) from this non-hemolyzed specimen, Due
to its potentially fatal effects' on the conduction system of the heart, this potassium level
required immediate treatment and close monitoring thereafter. Neither of these
interventions occurred,
This test result was .printed" at 2148 hours on 9/14/92 but never called
to the physician until 9/15/92 at 1 :35 P .M, When contacted, the physician did not give any
orders which would have promptly lowered this dangerously elevated potassium level.
Additionally, he did not order any further monitoring of the potassium until one week later,
The nursing staff knew or should have known to involve the facility's Medical Director in this
resident's care at this point. They made no such attempt.
Additionally, on 9/17/92 the facility's dietician evaluated the resident
and noted the elevated potassium from 9/14/92. She did not, however, recognize the lack
of treatment or offer any dietary recommendations which could have lowered the
potassium,
The physician, nursing staff and dietician failed to meet the standard
of care related to the recognition and treatment of hyperkalemia, This placed the resident
at great risk for the development of a cardiac arrhythmia and death,
(d) On 9/20/92 the resident was noted to be very sedate during the
evening. She was observed to be sitting and standing with her head hanging down
2
drooling, By 9/21/92 at 7:00 AM. her condition had worsened to the point that she was
pale, lethargic, moderately dyspneic with 15 second periods of apnea. Edema remained
in her legs bilaterally, Her clinical appearance demanded the immediate attention of a
physician and subsequent hospitalization. However, consistent with their previous pattern,
the nursing staff failed to notify the physician or in any way intervene for this acutely ill
woman. By 9:25 A,M. on the 21 st she was hypothermic with a temperature of 94.9 and her
dyspnea continued,
At 12:15 P,M, the nursing staff spoke with Dr, Albright who gave the following
orders:
Discontinue Lasix
Force fluids
These orders did not meet the acute needs of this gravely ill resident. Again the nursing
staff failed to involve the Medical Director or in any way advocate for Janet King.
By 3:00 P.M, on the 21st the nursing staff noted the resident's condition to be poor
with labored respirations. At 4:00 P,M, her respirations continued to be labored and were
noted to be slightly moist. At 4:30 P,M, she was found without a pulse or respirations,
When her body was turned clear pink tinged fluid was observed coming out of her mouth
and nose. This fluid continued to drain during the time her postmortem care was being
performed, In her Recorded Statement, Lisa Gallant, RN, made the following comments
regarding this fluid:
. , , . there was um pink fluid coming out of her nose and her
mouth a large a large amount of fluid:
. . . . when we rolled her over it rolled down to the foot of the
bed and there was a puddle on the floor. .
. . , . I've never seen that much fluid emanating from anyone's
mouth or nose before. To me it appeared to be a great
amount. .
No attempt was made by the nursing staff to perform CPR when this resident was found
without vital signs, This despite a request by her to Dr. Albright of 9/3/92 (when he
discussed advanced directives) that she desired the performance of CPR
On 9/21/92 at 6:10 P,M" Dr, Albright returned to the nursing facility to sign Janet
King's Death Certificate, He had not seen Mrs, King nor had any other physician examined
her since 9/3/92, the day she was admitted, Dr. Albright concluded that Janet King died
from pulmonary edema, in other words, she drowned to death in her own fluid, Dr, Albright
also believed that the pulmonary edema was present for approximately two days. Of note
3
is his order of 9/21/92 to push fluids on this resident who he knew or should have known
was in pulmonary edema.
Both the physician and nursing staff failed to meet the standard of care by failing to
intervene as Janet King suffered through the last days of her life in pulmonary edema. This
lack of appropriate medical and nursing intervention lead directly to the death of Mrs, King,
Finally, I would reserve the right to further comment on Mrs, King's care after I have
been given the opportunity to review the previously requested documents,
Sincerely,
1J l.lM ~". ~ f(.~
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William M. Vaughan, R.N" B.S,N.
4
IRVING HUBER. M,D" LTD,
lOO4,O6 BUltER PIKE
CONSHOHOCKEN, P^ 1?41B,11ll
PHONE (1Il) 8)4,0190
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June 7, 1993
Hr. George F. Schoener, Jr.
H. Hark Hendel, Ltd.
1620 Locust Street
philadelphia, PA 19103-6392
Re. Janet King
Dear Hr. Schoener.
I have reviewed the medical records which you forwarded to me
regarding the care rendered to Hs. Janet King. These records
include hospitalizations at Carlisle Hospital from June 15, 1992
through August 30, 1992. In addition, I reviewed medical records
from Dr. Steven Hattelburg as well as the nursing home records from
the Forest Park Health Center where she was under the care of Dr.
Albright.
Prior to Ms. King's confinement at Forest Park Health Center she
was treated for advanced chronic obstructive pulmonary disease,
anxiety and depression. On september 3, 1992 Ms. King was admitted
to the Forest Park Health Center. She was seen by Dr. Albright on
exactly two occasions; the day of admission and after her death on
September 21, 1992. In Dr. Albright's initial note he made mention
of the fact that Hs. King was desirous of aggressive care including
CPR and endotracheal intubation should she suffer a cardiac or
respiratory arrest.
The nurses' notes indicate that for virtually all of Hs. King's
stay she had been complaining of severe dyspnea and on multiple
occasions requested to be seen by Dr. Albright. On several
occasions Ms. King fe 1 t so ill that she requested that she be
admitted to the hospital. Throughout this entire time period it
was noted that Ms. King became markedly edematous and had
significant weight gain. Dr. Albright did order oral, Lasix in an
attempt to reduce her excessive fluid but this was simply
ineffective. Because of the failure to reduce her swelling and her
marked dyspnea Hs. King was noted to be sitting up all night in a
recliner with her leg dangling and requesting hospitalization. As
the edema worsened her skin started to break down and fluid seeped
from the wounds.
"
D1PLOM^ TE ^MERIC^N BO^RD OF INTERN^L MEDICINE DIPLOM^ TE ^MERIC^N BO^RD OF EMERGENCY MEDICINE
WI11l ^ODED QIJ.\lIFlOTlO:-:S IS r.F.RI.\TIlIr. \IEDICISE
~ .. .
IRVING HUBER. M,O,. LID,
KING
PAGE 2
In spite of all of these complaints and clear evidence of marked
fluid overload Dr. Albright did not vis! t Ms. King even once
between the date of admission to Forest Park Health Center and her
death. Moreover, I cannot find any documentation that any Forest
Park employees urged Dr. Albright to visit with Ms. King.
It is my professional opinion that failure to provide such
rudimentary and fundamental care such as intravenous diuresis to
a patient who is clearly in heart failure when that patient
requests to be treated aggressively is an unmistakable departure
from the standard of care. It is my professional opinion that Dr.
Albright's care of Ms. King was substandard and negligent and a
direct cause of her death.
In addition, I fee.l that Forest Park Health Center was negligent
in not insisting that Dr. Albright examine Ms. King. The nursing
home is obligated to assure that its residents receive timely care.
If Dr. Albright failed to heed their requests to examine Ms. King
then another physician, such as the medical director, should have
been consulted. Failure to seek the care of another physician in
this case was substandard care and a direct cause of Ms. King's
death.
If I can be of further assistance, please feel free to call.
You uly
Huber, M.D.
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SILK CLINIC
A PROFESSIONAL CORPORATION
1701 WALNUT STREET
BTH FlOOR
PHILJ-OElPHIA. PENNSYLVANIA 191 OJ
.
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RAYMOND E, SilK. M,O,. F.A.C,S,
(2151 569-9B70
FAA S69,9B7~
January 17, 1997
M. Mark Mendel. Esquire
1620 Locust Street
Philadelphia. PA 19103-6392
RE: THE LATE JANET M. KING
Dear Mr. Mendel:
Enclosed you will find a copy of my Curriculum Vitae that you requestlld.
I had the opportunity to review the numerous records and depositions on
The Late Janet M. King which included:
1. Complaint
2. Records - Forrest Park Health Center
3. Statements of nurses;
Lisa Gallant
Pamela Schlusser
Judy Hamlet
Ii. Deposition Summary - David P. Albright, M.D.
5. Deposition transcript - David P. Albright, M.D.
6. Dr. Albright's office notes
7. Selected porltions of Carlisle Hospital Records
Admission: 8/18/92 to 8/21/92
8. Rough Summary Notes - Carlisle Hospital Admissions
9. Death Certificate
10. Report of Irving Huber. M.D.
The late Jamet M. King had a lengthy hospitalization from June 15. 1992 up to
and including August 30. 1992. It was evident on review of the records that this Is
a patient who had evidence of Chronic Obstructive Pulmonary Diesase. It Is Important
to note that Chronic Obstructive Pulmonary Disease Is a major cause of chronic
disability In older Individuals, obstructive bronchitis (chronic) and emphysema (COPD)
rank behind only heart disease and schizophrenia in the United States. Emphysema Is
common and increases with age. Chronic Obstructive Pulmonary Disease is usually
diagnosed in those between the ages of 55 and 65. It is important to note that In
CO PO there Is alveolar wall destruction with a nonuniform pattern of air space enlarge-
ment which is basic abnormality In emphysema. The clinical manifestations are dyspnea,
which Is usually the predominant complaint, some patients will exhibit cough, wheezing.
recurrent respiratory infections or occasslonally. weakness or weight loss.
The treatment goals In patients with COPD are:
1. To relieve the portion of airway obstruction that is
reversible.
2. To control cough and sputum production.
3. To elimltate and prevent airway Infections.
SILK CLINIC
January 17, 1997
RE: THE LATE JANET M. KING
PAGE 2
4. Increase exercise tolerance to the maximum allowable
at the individuals level of physiologic deficit.
S. To control remedial disease complications such as;
arterial hypoxemia and cardiovascular problems.
6. To avoid smoking and other airway Irritants, narcotics
and sedatives and non critical surgery, all of which
aggravate the disease.
7. To relieve the anxiety and depression that are often
present In the patient with COPD.
It must be noted that In spite of treatment, most patients with severe COPD show
progressive ventilatory deterioration; yet therapy should not be with-held. A comprehensive
therapeutic program can reduce symptoms. decrease the frequency of hospital admissions,
prevent premature death. and permit patients to lead a more active and satisfying life.
A FORMAL REHABILITATION PROGRAM. USING A TEAM APPROACH IS EFFECTIVE.
NEVERTHELESS. GOOD RESULTS CAN ALSO BE OBTAINED BY A DEDICATED INDIVIDUAL
PHYSICIAN, ASSISTED BY NURSING PERSONNEL WHO CAN HELP PATIENTS WITH
PHYSICAL THERAPY AND BRONCHIAL HYGIENE MEASURES.
Previously. I had mentionei:l as number 5, to control remedial disease complications
such as; arterial hypoxemia and cardiovascular problems and there is no question that
the patient's cardiac problem of congestive heart failure will aggravate the already hypoxia
that the patient has from her COPD. Since our goal In the management of COPD is to
control any diseases of the cardiovascular system. then one must monitor carfully for
any congestive heart failure that will potentiate further, the problem of hypoxia.
The heart generates the motive force to satisfy the metabolic needs of tissues by
delivery of blood containing oxygen and nutrients. The normal or failing heat. In terms
of its structure and function, may be examined as a pump, as a muscle. or as a component
of the circulatory system. Heart failure is defined as a condition in which the heart
cannot pump an adequate supply of blood at normal filling pressures to meet the metabolic
needs of the body. it is important to note that there are precipitating or exacerbating
factors in congestive heart failure. There is an increased demand in the following;
1 . Anemia
2. Fever
3. Infection
4. Fluid overload
5. Increased dietary salt intake
6. Renal failure
7. Hepatic failure
8. Respiratory insufficiency
9. Emotional stress
10. Obesity
11. Arrhythmia
12. Uncontrolled hypertension
13. Drugs and these would include Beta. Adrenergic Blockers,
Anti-Arrhythmic drugs.
SILK CLINIC
January 17, 1997
RE: THE LATE JANET M. KING
PAGE 3
Finally, the patient must be evaluated for heart failure and to determine whether
we were dealing with acute vs. chronic heart failure, left vs. right heart failure,
backward vs. forward heart failure, high vs. low out-put failure, congestive failure
vs. congested state, systolic vs. diastolic failure. Certainly, this patient should
have been evaluated by a physician because of the evidence of her edema and
progressive dyspnea. Basically, various measures should have been Instituted in the
management of the congestive heart failure and these would be as follows:
a. Improve pump performance of the falling ventricle.
b. Reduction of cardiac work load.
c. Control salt and water rententlon.
Giving the patient only Lasix, p.o., certainly was not a satisfactory mode for
management of the patient's congestive heart failure. It is evident on review of the
records that this patient had progressive edema, she was markedly edematous, had
significant weight gain and disturbing, was not only her marked dyspnea and she
was only able to sit at night in a recliner with her legs dangling, because of her
dyspnea. The edema worsened so that her skin started to break down and fluid seep
from the wounds. In spite of all these subjective and objective findings, she was
not visited by a physician. More disturbing, was that the Forrest Park Health Center,
in my opinion, was negligent In not insisting that Dr. Albright or a cardiologist examine
the patient. It Is my medical opinion within a reasonable degree of medical certainty
that the nursing home was obligated to assure that its residents received timely care
and this would include quality medicine. Surely, Dr. Albright was notified on numerous
occasions and failed to heed the requests to come and examine Mrs. King. Another
physician, such as the Medical Director or an Attending, should have been consulted.
The physician, namely with her attending physician, i.e. the physician who admitted
her, then Ignored her despite being called and despite all of the changes that required
re-writlng orders that In my medical opinion, constitutes medical abandonment. This,
In my medical opinion, would be below the standard of care In this community. If, in
fact, Dr. Albright was not aware of the progressive changes but Forrest Park Nursing
Home and Its total administration and nursing staff Is liable for the failure to communicate
to the absent physician, the decline of this patient's health and Is liable for failing to
meet even the most minimum standard of communication to a physician, to the physician
charged with her care and If, In fact, they note that Dr. Albright Is not responding, or
any of his partners, It Is obligatory for them to call in another physician, particularly
the so-called Medical Director, listed in their brochures, since under no circumstances
must her declining condition be Ignored nor countenance by watchful waiting for a
physician who has no no Intension to see the patient.
SILK CLINIC
January 17. 1997
RE: THE LATE JANET M. KING
PAGE 4
The standard of care In the Pennsylvania Nursing Home are that a physician must
document a visit at least once a month. However, that regulation In no way excuses
a physician from attending the patient only one time a month when a patient's obvious
physical condition calls for his services and requires the doctor's attention at the
bedside as In this case.
Very sincerely yours,
Raymond E. Silk, M.D.
RES/clt
SILK CLINIC
A PROFESSIONAL CORPORATION
1701 WALNUT STREET
8TH flOOR
PHILADELPHIA, PENNSYLVANIA 19103
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RAYMOND E, SILK. M,D,. F,A.C,S,
July 23, 1997
M. Mark Mendel, Esquire
1620 Locust Street
Philadelphia, PA 19103-6392
RE: THE LATE JANET M. KING
Dear Mr. Mendel:
I am sure that you are familiar with my report to you of January 17, 1997.
On review of my report it Is evident that my statement of Janet King's
lengthy hospitalization on June IS, 1992 up to and including August 30, 1992
was not the exact sequence of her care.
Janet King was treated in the Emergency Room on June IS, 1992 and again
on August 7, 1992. She was then admitted from August 18th to August 21st
and again from August 30th to September 3, 1992. It was on September 3,
1992 that she was transferred for Forest Park.
I must apologize for the loss of sequence but my
stated In my report of January 17, 1997 are within
certainty.
conclusions that I have
a reasonable degree of medical
Slncer 1 you 11..
t<.( Iltllr
R7 ond E. Silk, M.D.
RES/clt
MAIN LINE MEDICAL GROUP, LTD.
857 MONTGOMERY AVENUE
NARBERTH, PENNSYLVANIA 19072
(215) 664-2951
M. Mark Mendel, LTD.
Attorneys at Law
1620 Locust Street
Phila., Pa. 19103-6392
Dear Mr. Mendel:
All the medical records, which included: the depositions of Dr. Albright, Pamela Schlussh
and Judith Hamlet, statement of Lisa Gallant, Dr. Albright's office notes, Carlisle Hospital
records, Forrest Park Health Center records, Death Certificate and draft SwnInlllY from
Carlisle Hospital were reviewed.
Mrs. King's past medical history was COPD, CHF, ativan addiction, depression, pneumonia,
UTI, cor pulmonale and pelvic fracture, She was treated as an outpatient with theo-dur, lasix,
K dur, senequan, triafon, estrogen, restoril, atrovent and oxygen,
Dr. Albright's office record state that Mrs. King had bouts of marked pedal edema and
initiated lasix, which was increased until the edema was resolved.
Owing her hospital stay of Aug. 30, 1992, she was treated conservatively for exacerbation
of CO PD. Physical exam on admission, Aug, 30,1992, revealed no pedal edema.
On admission to the Forrest Park Nursing Home, there was no mention that there was any
pedal edema present. During her stay she developed increased pedal edema to the point of
weeping of her legs, and increasing SOB where she had to sit upright to breathe.
Mrs, King requested aggressive medical care, On numerous occasions she demanded to see
a doctor, and also requested to be sent to the hospital.
An order oflasix was given on Sept. 9, 1992 and increased on Sept. IS, 1992. No physician
evaluated the patient during this period of time.
There was no evaluation and intervention by Ms, Hamlet, D.O.N. during the downhill course
oCMrs. King. If Ms. Hamlet, as she stated, made daily rounds and communicated with her
Cont. Page 2
staff; she should have been aware of the ongoing problems with Mrs, King Someone in the
nursing department had a responsibility to notify Dr, Kretzing, the medical director, of the
acute condition of Mrs. King.
Mrs. King's lab studies were grossly abnonnal on 9/14/92. Why wasn't the potassium
rechecked the next day? And thereafter so that some indicia of monitoring was taking place,
and adequate therapy to relieve her symptoms could be instituted.
It is my opinion, with reasonable degree of medical certainty, that Mrs. King developed CHF
and was treated inappropriately and totally below the standard of care in this medical
community while a patient at the Forrest Park Nursing Home,
Dr. Albright was negligent because he did not come in to see his patient, Mrs, King, for an
acute medical problem. Without physical examination, he was clearly unable to treat her
with the appropriate medications and/or dosages. This is an indication of patient ware-
housing and/or abandonment, both of which are not acceptable in this medical community.
The nursing home was negligent because the nursing staff should have contacted the medical
director for direction if her attending physician didn't evaluate the patient or should have
authorized sending Mrs, King to any nearby hospital E.R. to be evaluated and treated rather
than warehouse and neglect her until she expired.
State and federal regulations require that medication orders be signed by a physician within
48 hours. This regulation ensures that physicians must come to the nursing home facility to
sign the medical record and see their patients. The medical director has a responsibility to
see that attending physicians follow these regulations or be available himself to sign verbal
orders and evaluate sick patients if need be. Therefore, Dr, Albright's conduct was below
any acceptable standard of care.
The standard of care for physicians that practice in nursing homes is that they must be
available to examine sick patients within 48 hours of at least make arrangements to have
patients evaluated by another physician or in an E.R. Dr. Albright and the nursing home
failed to meet any acceptable standard of care in this unfortunate lingering death the patient
suffered.
at:--
Robert A. Weisber ,D. .
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M. MARK MENDEL, LTD.
BY: M. MARK MENDEL, ESQUIRE
Identification No,: 04109
1620 Locust Street
Philadelphia, PA 19103-6392
(215) 732-7200
,@MAR 0 91998
THIS IS A MAJOR JURY CASE
Attomey for Plaintiff
I,
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DAVID G, LEE, Administrator
of the ESTATE OF JANET M,
KING, Deceased
: COURT OF COMMON PLEAS
,
: CUMBERLAND COUNTY, PA
vs,
PRESBYTERIAN HOMES, INC,
d/b/a FOREST PARK HEALTH
CENTER, et al.
: NO, 1068 Civil 1994
ORDER
AND NOW, this ~'8 day of ~,1998, upon consideration of the
Petition for Approval of the Apportionment of the Wrongful Death and Survival Actions
, , on Behalf of the Estate of Janet M, King, Deceased, It is hereby ORDERED that
Petitioner Is authorized to enter into a settlement with defendants, Presbyterian Homes,
Inc, d/b/a Forest Park Health Center and David P. Albright, M.D" for the gross sum of
One Hundred Twenty Thousand Dollars ($120,000.00),
If Is further ORDERED and DECREED that the settlement proceedS be
;!
" distributed as follows:
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To: M, Mark Mendel, Ltd.
For Costs
$
3,695,98
2,
To: M, Mark Mendel, Ltd.
For Counsel Fees
$ 40,000.00
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3. Balance of the Settlement, the sum of $ 76,304.02
which Is apportioned as follows:
(a) Wrongful Death Claim (600,(,) $ 45,782,41
(b) Survival Claim (40%) $ 30,521.61
4. The wrongful death claim in the sum of $ 45,782.41 shall be made payable
in the following manner:
(a) David G. Lee
(b) Randy S. Lee
$ 22,891.21
$ 22,891.20
5. The survival claim in the sum of $30,521.61 shall be paid to David G, Lee,
Administrator of the Estate of Janet M. King, Deceased.
J.
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FILED-OFFICE
CF THi: PH:;TIiONOTARY
98 H1.R 18 Mill: 06
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CUMBERt..:.';D COUNlY
PENNSYLVANtl\
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Attorney for Plaintiff
THIS IS A MAJOR JURY CASE
: COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
.
: NO. 1068 Civil 1994
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PLAINTIFF'S PETITION FOR APPROVAL AND
APPORTIONMENT OF THE SETTLEMENT OF THE
WRONGFUL DEATH AND SURVIVAL ACTIONS ON BEHALF
OF THE ESTATE OF JANET M. KING. DECEASED
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i TO THE HONORABLE, THE JUDGES OF SAID COURT:
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The Petition of David G, Lee, Administrator of the Estate of Janet M. KIng,
;;
i i Deceased, respectfully represents:
1. Petitioner is David G, Lee, who was appointed Administrator of the Estate
of Janet M, King, Deceased, on November 10, 1992, by the Register of Wills of
Cumberland County. A copy of the Certificate of Grant of Letters is attached hereto and
marked as Exhibit "A".
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2. Decedent died on September 21, 1992, as a result of the complications
she suffered while an inpatient at Forest Park Nursing Home under the care of David p,
Albright, M,D., over the period from September 13, 1992 to September 21,1992.
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3.
Decedent was not married at the time of her death and was survived by
her sons, David G. Lee and Randy S, Lee.
4. On or about November 10, 1997, pending Court approval, David G, Lee,
agreed to accept the sum of One Hundred Twenty Thousand Dollars ($120,000,00) in
full and final settlement of the claim brought on behalf of his mother's Estate,
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5.
6.
Decedent died without a Will.
Decedent was born on February 4, 1929; Social Security Number. 193-24-
7.
The Department of Public Welfare has no claim or lien against the Estate,
Petitioner or any wrongful death beneficiaries.
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8.
The fOllowing settlement has been proposed:
Defendants, Presbyterian Homes, Inc., d/b/a Forest Park Health Center
and David P. Albright, M.D" have jointly offered the sum of One Hundred
Twenty Thousand Dollars ($120,000,00) in full and final settlement of all
claims asserted against them in exchange for a General Release.
9.
Counsel is of the professional opinion that the proposed settlement is
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reasonable for the following reasons:
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(a) Decedent, Janet M, King, was 63 years of age at the time of her
death. Decedent had not been employed for many years and, for
medical reasons unrelated to this action, did not intend nor was she
able to return to work. Consequently, there was not a claim for lost
wages or impairment of earning capacity.
(b) Decedent, Janet M. King, died on September 21, 1992, There
were no outstanding expenses related to this event. The funeral
expenses total $3,038,00. The expenses of administration totaled
less than $91.00,
(c) Decedent had multiple medical problems prior to admission to
I Forest Park.
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, 10. Petitioner is of the opinion that the proposed settlement is reasonable.
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;1 11. Counsel has incurred the following expenses for which reimbursement is
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i~ I being sought at this time:
:1 A. Robert A. Weisberg, D.O. $ 950,00
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.. B. Raymond E, Silk, M,D. $ 553.10
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,. (Medical review & Records)
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II C. Irving Huber, M.D. $ 800,00
(Consultation Fees)
:I
:1 D. Raymond C. Grandon, M,D. $ 18.00
(Records)
Ii E. Emily R. Clark, CP CM $ 514.50
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l\ (Dep-Albright & Hatleberg, M.D.)
iI F. Patricia M, Brown $ 240.15
" (Deposition of Hamlet & Schlusser)
q
II Cumberland Cty Prothonotary $ 55.50
II (Complaint & Subpoenas)
G. Myers & Desfor (Subpoena Service) $ 100.00
" (Judy Hamlet)
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H. Cumberland Cty Sheriff $ 50.00
\I (Service of Complaint)
, I. Commonwealth of PA $ 16.25
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\I (Records-Forest Park Health Ctr,)
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ij J. Smart Corporation $ 62.80
q (Records from Carlisle Hospital)
'I K Medical Copy Service $ 136.48
I (Medicare & Carlisle Hosp)
I' L. Belvedere Medical Corp. $ 25.00
q (Records)
I M, Federal Express $ 22.96
q (William M. Vaughan & Judge Yatron)
:1 N. Long Distance Phone Calls $ 1.70
, O. Photo Copy of Statutes $ 4.00
! p, Expenses - Travel Cumberland Co $ 135.95
;i (Depositions & Pre-Trial)
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$
9.59
TOTAL:
$ 3,895.98
12. Counsel's fee in this action is Forty Thousand Dollars ($40,000,00) which
represents one third (33 1/3%) of the gross proceeds of the settlement.
13. Petitioner requests allocetlon of the net proceeds of the settlement as
follows:
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(1) Wrongful Death Claim (60%) $ 45,782.41
(2) Survival Claim (40%) $ 30,521.61
The reason for the requested allocation is because wrongful death
damages include funeral and administrative expenses as well as loss of services to the
family (David & Randy lee), loss of services Include companionship, comfort, society,
solace and protection. Soranaler v, Helm's New York - Pittsburah Mohr Exoress, 396
Pa. 482, 485, 153 A2d 490 (1959); Filer v. Filer, 301 Pa, 461, 465 -66, 152 A567
(1930), Survival damages include loss of earnings untill death, loss of net earnings, loss
of retirement and social security income, pain and suffering. Decedent was receiving
social security benefits and arguably experienced pain and suffering prior to her death
from chronic obstructive pulmonary disease, The law favors wrongful death
beneficiaries over estate beneficiaries, Murrav Estate v, love, 7 D&C. 4th 530 (1990);
Ringler Estate, 29 Fiduc. Rep. 499 (O.C, Somerset Co. 1979)
14. Pursuant to the Wrongful Death Statute, 422 Pa,C.S, ~8301, the
beneficiaries of the wrongful death claim are David G. lee and Randy S. lee.
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il WHEREFORE, petitioner requests that he be permitted to enter into the
Ii settlement recited above, and that the Court enter an Order of Distribution as follows:
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1. To: M. Mark Mendel, LId, $ 3,695.98
For Costs
I 2. To: M. Mark Mendel, LId, $ 40,000.00
I For Counsel Fees
\
, 3. Balance of the settlement, the sum of
,
\1 which Is apportioned as follows:
\ (a) Wrongful Death Claim (60%) $ 45,782.41
I (b) Survival Claim (40%) $ 30,521.61
\\
4. The wrongful death claim in the sum of $ 49,597.60 shall be made
I payable to:
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(a) David G, Lee
(b) Randy S. Lee
$
$
22,891,21
22,891.21
5. The survival claim in the sum of $ 30,521.61 shall be paid to David
G. Lee, Administrator of the Estate of Janet M, King, Deceased,
6, An Affidavid will be filed certyfying compliance with the Order
entered.
7.
Exhibit "B".
A copy of the Notice Letter to all interested parties is attached as
M. MARK MENDEL, LTD.
M. MARK MENDEL, ESe
Attorney for Petitioner
DATE: J..j.ft
"
THIS IS A MAJOR JURY CASE
M. MARK MENDEL, LTD.
BY: M. MARK MENDEL, ESQUIRE
Identification No.: 04109
1620 Locust Street
Philadelphia, PA 19103-6392
(215) 732-7200
Attorney for Plaintiff
DAVID G. LEE, Administrator
of the ESTATE OF JANET M.
KING, Decaased
: COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
vs,
PRESBYTERIAN HOMES, INC.
d/b/a FOREST PARK HEALTH
CENTER, et ai,
.
: NO. 1068 Civil 1994
'1
: STATEMENT OF COUNSEL
,
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; i As the attorney on behalf of the above-named Administrator, I, M. Mark Mendel,
Esquire, respectfully recommend that the Court approve the proposed settlement In the
I sum of One Hundred Twenty Thousand Dollars ($120,000.00), with $45,782.41
allocated for wrongful death and $30,521.61 allocated for survival, as this Is a fair
settlement under the circumstances as set forth In the Petition. Further, it would be in
the Interest of the Estate to settle the claim In the amount set forth above.
M. MARK MENDEL, LTD.
DATE:
.]. ';.'11'
M, MARK MENDEL, ES
Attorney for Petitioner
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CERTIFICATION OF ADMINISTRATOR
I, David G, Lee, hereby certify that I am the Administrator of the Estate of Janet
M, King, and that I join in this Pelitlcn and pray that this Honorable Court approve Ihe
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proposed selllemenl and apporlionmenl.
DATE: J{ ~~ J'1~~
t:J~4k
DAVID G. LEE, Administrator
of the Estale of Janet M, King
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VERIFICATION
David G, Lee, hereby states that he is the petitioner in this action and verifies (hat
the statements made in the foregoing Pelilion For Approval and Apportionment of the
Selllement of the Wrongful Death and Survival Actions on Behalf of the Estete of Janet
M. King, Deceased are true and correct to the best of his knowledge, information and [
belief, The undersigned understands that the statements therein are made subject to i
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the penalties of 18 Pa,C,S, ~4909 relating to unsworn falsification to authorities.
fJ~Jt k
DAVID G. LEE, Administrator of the
Estate of Janet M, King
DATE: /I ;t~ t'1'J~
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REGISTEU 0.' WILLS
Certificate of Grant of LeUers
No,
21 - 92 - 885
ESTATE OF
,T^N~~T M. KTNG
Social Securily No.
193 - 24 - 2377
WHEREAS,
JANBT M. KING
late of
CARLISLE
died on the 21 ST
day of
SEPT.
19 -2L-, and
WBEREAS. the gram of lellm is lequired for Ihe administration of the estate.
TIIUREFORE, I.
MARY C. LEWIS
, Register of Wills
In and for the Connty of
CUMBERLAND
, In the Commonwealth of Pennsylvania
have this day granted I.ellers of Administration
DAVID G. .LEE
10
who ha~ duly qnallfied as administrator of the estate
of the above named dccendcnt and hll S agreed to administer the estate according to law. all of
i
which fully appears of record in my Office at
CARLISLE
, Pennsylvania,
IN TESTIMONY WlIEREOF. I have hereunto set my hand and affixed the seal of my Office on the
10TfI day of
NOVEMBER
92
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H.,tf,,, oj WI/I.:
MARY C. LEWIS
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M, MARK MENDEL
THEODORE A. SCHWARTZ
WNDA F, ROSEll
DANIEL e. MURRAY
JOHN J, DEI. CASALE>
ROBERT T, SZOSTAK>
FRANK F, HERZ
THOMAS p, MULDOON, JR.
>Alto Member of N.J, Bar
M. MARK MENDEL, LTD.
ATTORNEYS AT LAW
1620 LOCUST STREET
PHILADELPHIA, PA, 19103.6392
(215) 732.7200
FAX NO.: (215) 546.32n
ABAlNET MAILBOX NO,: ABA16271
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NEW JERSEY OFFICE
Woodland Fa" Colporala Park
Sulta208
200 Lake Drtvo East
Chany H., N.J, 08002
(609) 541-0431
THERESA M, MURDOCK
PATRICIA L SARNABEI
Caltlllad ParaJagalo
February 3, 1998
Mr. David G. Lee
7032 Wertzvllle Road
Mechanicsburg, PA 17055-1542
Mr, Randy S, Lee
206 East Potomac Street
Williamsport, MD 221795-1110
RE: Kina v. Albright. M.D.
Dear Sirs:
Enclosed herewith please find a copy of the Petilion for Approval and Apportionment
of the Wrongful Death and Survival Actions on Behalf of the Estate of Janet M. King,
Deceased, This will be filed with the Court pending your review and approval. I would like
you to look this over carefully and call me with any questions that you have, To indicate
your approval, kindly sign the enclosed copy of the letter on the line where indicated and
return it to me in the self addressed envelope I have provided,
Very truly yours,
M. MARK MENDEL, LTD.
DANIEL E. MURRAY
DEM:plb
Enclosure
.:'f>alllo"""~_1D
DATE: II 64..e.t., 1998'
I~~~, ~~
DAVID G. LEE
DATE:
RANDY S. LEE
,........_-,...,.---,.-,...""_..
M, MARK MENDEL
lHEODORE A. SCHWARTZ
UNDA F, ROSEN
DANIEL E. MURRAY
JOHN J, Da CASALE'
ROBERT T, SZOSTAK'
FRANK F, HERZ
THOMAS p, MULDOON, JR,
+AIIo Member of N.J. Bar
M. MARK MENDEL, LTD.
ATTORNEYS AT LAW
1620 LOCUST STREET
PHILADELPHIA, PA, 19103.6392
(215) 732.7200
FAX NO.: (215) 546.32n
ABAlNET MAILBOX NO,: ABA16271
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NEW JERSEY ke
W_ Foil Corporato Po'"
Sulto208
200 Lake Drive Eat
Chony H., NJ, 08002
(609) 541-0431
lHERESA M, MURDOCK
PAmlCIA L. BARNABEI
Cortffiod Porologols
February 3, 199B
Mr, David G. Lee
7032 Wertzville Road
Mechanicsburg, PA 17055-1542
Mr. Randy S, Lee
206 East Potomac Street
Williamsport, MD 221795-1110
RE: Kina v. Albrl9ht. M.D.
Dear Sirs:
Enclosed herewith please find a copy of the Petition for Approval and Apportionment
of the Wrongful Death and Survival Actions on Behalf of the Estate of Janet M. King,
Deceased, This will be filed with the Court pending your review and approval. I would like
you to look this over carefully and call me with any questions that you have. To indicate
your approval, kindly sign the enclosed copy of the letter on the line where indicated and
return it to me in the self addressed envelope I have provided.
Very truly yours,
M. MARK MENDEL, LTD.
DANIEL E, MURRAY
DEM:plb
Enclosure
o:'flallIe'lee~_10
DATE:
DATE:
~ /;y ,/7 i
. I
DAVID G. LEE
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Ja"'_A<'!';;' -'--
RANo,Y S, LEE
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THIS IS A MAJOR JURY CASE
M. MARK MENDEL, LTD.
BY: M. MARK MENDEL, ESQUIRE
Identification No.: 04109
1620 Locust Street
Philadelphia, PA 19103-6392
(215) 732-7200
Attorney for Plaintiff
DAVID G. LEE, Administrator
of the ESTATE OF JANET M.
KING, Deceased
: COURT OF COMMON PLEAS
.
: CUMBERLAND COUNTY, PA
vs,
PRESBYTERIAN HOMES, INC,
d/b/a FOREST PARK HEALTH
CENTER, et a!.
: NO, 1068 Civil 1994
AFFIDAVIT OF COMPLIANCE WITH COURT
ORDER ENTERED MARCH 18.1998
Daniel E, Murray, Esquire, being duly sworn according to law deposes and says
that distribution in the above mailer was made in accordance with the Court's Order
dated March 18, 1998 as follows:
1. To: M, Mark Mendel, LId. $ 3,695.98
For Costs
2. To: M. Mark Mendel, LId, $ 40,000.00
For Counsel Fees
3. Balance of the Settlement, the sum of $ 76,304.02
which is apportioned as follows:
(a) Wrongful Death Claim (60%) $ 45,782.41
(b) Survival Claim (40%) $ 30,521.61
4. The wrongful death claim in the sum of $ 45,782.41 shall be mada payable
in the following manner:
(a) David G, Lee
(b) Randy S. Lee
$ 22,891.21
$ 22,891.20
5. The survival claim In the sum of $30,521,61 shall be paid to David G, Lee,
Administrator of the Estate of Janet M, King, Deceased.
M. MARK MENDEL, LTD.
DATE: June 23. 1998
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THIS IS A MAJOR Ju@.::!,!~~&~
~/".:!1~,
Attorney for Plaintiff <7
M. MARK MENDEL, LTD.
BY: M. MARK MENDEL, ESQUIRE
Identification No,: 04109
1620 Locust Street
Philadelphia, PA 19103~392
(215) 732-7200
DAVID G. LEE, Administrator
of the ESTATE OF JANET M,
KING, Deceased
: COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
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vs,
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PRESBYTERIAN HOMES, INC,
d/b/a FOREST PARK HEALTH
CENTER, et al.
NO, 1068 Civil 1994
,
"
ORDER
AND NOW, this I 8' day of -"'lI1 ~ , 1998, upon consideration of the
,
Petition for Approval of the Apportionment of the Wrongful Death and Survival Actions
on Behalf of the Estate of Janet M, King, Deceased, it is hereby ORDERED that
Pelilioner is authorized to enter into a settlement with defendants, Presbyterian Homes,
Inc, d/b/a Forest Park Health Center and David p, Albright, M.D" for the gross sum of
One Hundred Twenty Thousand Dollars ($120,000.00),
If is further ORDERED and DECREED that the settlement proceeds be
I;
i: distributed as follows:
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!i 1, To: M, Mark Mendel, Ltd,
" For Costs
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:! 2. To: M, Mark Mendel, Ltd.
! I For Counsel Fees
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$ 3,695.98
$ 40,000,00
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II 3. Balance or the Setllement, the sum or $ 76,304,02
I which is apportioned as follows:
I (a) Wrongful Death Claim (60%) $ 45,782,41
(b) Survival Claim (40%) $ 30,521.61
4, The wrongful death claim in the sum of $ 45,782.41 shall be made payable
in the following manner:
(a) David G, Lee
(b) Randy S, Lee
$ 22,891,21
$ 22,891.20
5,
The survival claim in the sum or $30,521.61 shall be paid to David G, Lee,
Administrator or the Estate of Janet M. King, Deceased,
BY THE COURT:
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TRUE Copy FR
In Tr.~'illl'lJ1V \";er'I,t OM RECORD
and Iho seal of S~'d t I here U"'o sol my hand
Thl :tI... IOUI'I al (mlisle, Pa,
$ ..,l,fl...,...... d~y of ~,
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