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C. LE8 ANDERSON, EXECU'1'OR OF
'1'H8 ES'l'A'l'E OF BOYD [].
CRUHLICH, III, PECEABED,
Plaintift
v.
P'NNSYLVANIA HEAL'l'H CORP.
AND 'l'HOHAB R. HOBBS, H.D.,
Detendant.
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IN 'l'HE COUR'I' OF COHHON PLlGAB
CUH1JERLAND COUN'l'Y, PA
No.11 /1J/ (L,.. CJ/I )1",
C1VI~ AC'1'ION - LAW
NOTICE
YOU HAV. B..N SU.D IN QCtlRT. If you wi.h to def.nd aqain.t
the claim. ..t forth in the followinq paqe., you mu.t take action
within twenty (20) day. after thi. complaint and Notic. are .erv.d,
by enterinq A written appearance peuonally or by attorney and
filinq in writinq with the Court your de fen... or Objection. to the
claims s.t forth aqainat ycu. You are warned that if you fail to
do .0 the cue may proceed without you and a jUdqm.nt may be
entered aqainst you by the Court without further notic. for any
money claimed in the Complaint or for any other claim or r.li.f
reque.ted by the plaintiff. You may lose money or property or
other riqhts important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
cumberland County courthou.., 4th Floor
One Courthouse Square
carlisle, PA 17013-3387 (717) 240-6200
NOTICIA
La han de.andado a u.ted en la aorte. Si u.ted qui.re
d.fenderse de estas demandas expuestas en laB paqina. liquiente.,
u.ted tiene viente (20) dias de plazo al partir de la facha d. la
demanda y la notificacion. U.ted debe rr.sentar una apariencia
..crita 0 en per.ona 0 por aboqado y arch var en la corte .n forma
..crita 'US defensas 0 sus objectiones ala. demandas encontra de
IU persona. Sea avilAdo que Ii usted no se defl.nde, la corte
tomarA medida. y puede entrar unA orden contra u.ted sin previo
AV1ao 0 notificacion y por cualquier qu.ja 0 alivio que .. p.dido
.n la peticicn d. demanda. U.ted pued. perd.r din.ro 0 .u.
propiedad.. 0 otrcs derecho. importante8 para u8ted.
X/LEVE ESTA DEMANDA A UN ABODAGO INHEDIATAMENTE. SI NO TUNE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIR!CCION
SE ENCUF.NTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Court Administrator
cumberland County courthoul8, 4th Flcor
One CourthouBe Square
carli.le, PA 17013-3387 (717) 240-6200
li\II.Il,.Il'I.II....,n'M".AIH'J'/"..,.~ '4, ItIN
C. LII NlDI.,OII, 1.10UTOl 0'
T.I IITATI 0' .01D I.
CIUKLZO., Ill, DIOIAIID,
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I' T.I OOUlT 0' OOKKO' 'LIAI
OVIIII.LAJfD OOlJllTY, .IIIIIIYLVNllA
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OIVIL ACTIO' - LAW
v.
.0. 9'1- n r 1 (],,-:,.J r.u.tl4-'
.....VLVAIIIA IIALT. 001'.,
UD "101lA1 .. 101." N.D.,
DI'IIIDAllTI
COMI!LAIN[
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UfD 1I0W CClmes Plaintiff, O. Ltl MDIIIOIf, 1.10UTOl 0' '.1
IITAU or 10YD I. C.UHLICH, IU, DIcnllD, by and through hit
couns.l, INIGIL, ANDIRIOII I IACKI, and averl the follClwingl
1. Plaintiff, c. Lee AndersCln, ExecutClr of the Estate of
Boyd s. crumlioh, III, Deoelled, i. an adult individual with
office. lCloated at 2917 North FrClnt stre.t, Harri.burg, Dauphin
cClunty, penn.ylvania 17110, and is the duly appointed Exeoutor of
the E.tate of Boyd s. crumlioh, III, having been granted tetters
T.stam.ntary by the Dauphin County Register of Willa on
Dec.mber 15, 1992.
I. D.f.ndant, Pennsylvania Health corp., ia and was at all
time. h.reinafter mentioned A corporation organized under and
.xilting by virtue of the laws of the Commonwealth of penn.ylvania,
and al such, owned, operated, supervi.ed, oontrolled and maintain.d
a rehabilitation faoility known 81 MeohAnic'burg R.hab system
located at 175 Lancllter Boulevard, M.chaniosburq, cumberland
county, penn.ylvania 17055.
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.. Defendant, Thoma. R. Hobb., M.D., il an adult individual
who, at all time. relevant h.reto, wa. enqaq.d in the practice ot
m.dicine in Cumberland county, penn.ylvania, and duly licen.ed to
practic. medicine under the law. of the cCl\llllonw.alth of
penn.ylvania, with an office locat.d At 1001 South Market street,
M.chanic.burg, Cumberland County, Penn.ylvaniA 170~~.
t. Dec.dent, Boyd S. cruml1ch, III (hereinafter "Deced.nt"),
WA' injured in a motor v.hicle accident in 1976, re.ultinq in
parapl.qia with complete motor and B.nlory lO'., neurogenic bladder
and bowel, and n.urog.nic pain. H. al.o .uffered from chronic
r.curr.nt decubi tu. ulcers. In 1991, Decedent und.rw.nt orthop.dic
eurgery on his back, which later cAu.ed ..vere intractable back
pain.
I. In order to gain relief from the unbearable pain in hi.
back, Decedent took a variety of opioid medi.cationa inclUding, but
not limited to, Percodan, Percocet, Oemerol, and Oarvoc.t.
.. Decedent took larg. quantitie. of the opioid m.dication.
daily to control hiB pain, and became Addicted to the opioid
m.dications.
7. On or about the .ame time that Decedent wa. taking the
opioid medication., he was al.o regularly takinq a number of
additional m.dication. with Addiction pot.ntial. Such medication.
include, but are not limited to, Valium, Re.toril, and Elavil.
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.. At all time. r.levant h.reto, D.c.dent had a hi.tory of
alcohol abule, .ugge.ting a predi.po.ition to become habituated ur
addicted to drug. And m.dication.. At all tim.. rel.vant hereto,
Mr. crumlich manUeated .ymptomatoloqy of Po.t-Traumatic stre..
Diaorder after .erving in vietnam a. a Marine.
I. On November 10, 1992, Deced.nt wa. admitted to the
facility known at MeohAnicaburg RehAb SYltem under the car. of
D.fendant, Thoma. R. Hobba, M.D. in order to be detoxifi.d from
druqa.
10. At all timea involved herein, nurae., dootor., including
the individual Thomas R. Hobbs, M.D., attendants, teohnicians, and
oth.r .ervants, aqents, and employ.e. were .mployed by
M.chanioaburg RehAb syatem. Th. aots performed by aaid nur.ea,
doctor., inoluding Defendant HObbs, attendants, technician., and
other 8ervanta, agent., and employees in the treatment and/or
examination of the Deoedent were in connection with th.ir duti.a a.
servant., ag.nt., and employees of Meohanicsburg Rehab system, and
they were actinq in and about the discharge of their respeotive
duties as I.rvantl, aqents, and employeea, in ita behalf and within
the .cope of their authority.
u. Decedent WII to Undergo a thirty-day period of
detoxifioation al an in-pAtient in Mechanicaburq Rehab Syatem in
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order to be ql'Adually tak.n oU the addictiv. pain medioation. that
h. had become depend.nt upon.
u. At the end of the thirty-day detoxification p.riod, a
TENS Unit (Tnn.cutaneou. El.ctrically Nerv. Stimulation) wa. to be
.urqically implant.d in Deced.nt and .aid TENS Unit would
th.r.after control Decedent'. pain without need for drug..
11. Upon admittance to Mechanic.burg R.hab sy.tem, Decedent
wa. taken off all of hi. uaUal pain medication..
1.. upon admittance to Mechanicaburg R.hab sy.tem, D.ced.nt
wa. placed on a detoxification regim.n of methadon. that took
Decedent off all drug. within only lix (6) day.. Th.
d.toxification regimen of methadone was a8 followlI 60 mg daily for
two (2) day., then 30 mg dAily for two (2) day., then 15 mg daily
for two (2) dAY., then diecontinued completely.
11. During hi. .tay at Mechanicaburg Rehab sy.tem, Decedent
requnted pain medication because the methadone tail.d to Alleviat.
any of hia pain.
11. On November 17, 1992, Decedent and Dr. Hobb. had an
arqument in which Dr. Hobba told Decedent that Dr. Hobb. had ph()ned
all the attending phy.iciana who provided care to D.c.dent and
instructed th.m not to pr..cribe any fUrther pain medication for
Decedent.
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17. Dr. Hobba further told D.c.d.nt that Decedent would b.
required to wait ail( (6) month. before the TENS unit (th.
alt.rnAtive method for tr.atinq D.c.d.nt'. pain) would b.
in.talled.
U. While a patient in the M.chanic.burq R.hab sy.tem,
Dec.dent Wit rllferred to the p.ycholoqy department for
p.ycholoqical .valuation and treatm.nt. Dec.dent wa. evaluated on
Nov.mb.r 13, 1992 and tound to b. d.pr....d, with .leep probl.m.
And dimini.hed appetite.
u. Durinq .aid p.ycholoqical evaluation, Decedent'. pa.t
hietory ot depr...ion waa noted and a prior auicide att.mpt by druq
ov.rdo.e was revealed.
10. Durinq .aid p.ycholoqical .valuation, Dec.d.nt'. ..a-
..t.em wa. found to be poor And he rated him.elf on a .elf-ratinq
Icale for d.pr...ion aa being an eight out ot ten.
al. On psyoholoqical testing (MMPI-21 Minne.ota Multiphasio
P.r.onality Inventory) during said payohological evaluation, it wa.
tound that D.cedent wa. .xp.rie1toing "muoh p.ychological turmoil"
and "a .ignificant level ot anxiety and depres.ion." Th. te.t al.o
,
indiCAted the post1bility ot "disturbed thinking." Th.
r.commendation wa. tor individual psychological coun..lling.
U. Plaintitt believea and th.retore Aver. that at all tim..
relevant her.to, Detendant Thomas R. Hobbl, M.D., wa. u.inq and/or
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abu.inq addictive narcotic ,ubetanoe., or ~ad a hi.tory of u.ing
and/or abu.inq addictive nArcotic eub.tanoe.,
13. T~. n.xt day, Nov.mber 18, 1992, D.c.dent wae di.charqed
from the M.chanic.burg Rehab sy.tem, after only eiqht (8) day. of
treatment.
I.. On Novemb.r 18, 1992, Deced.nt returned to hi. r..idenc.
wh.re ha re.id.d wit~ hi. par.nt., El.Anor and Boyd Crumlich, Jr.
". On November' 18, 1992, upon arrival at the Crumlich"
r.aidence, Oec.d.nt .xhibit.d .iqnificant aymptom. of withdrawal
inClludinq, but not limited to, vi.ibll ahakine.., acute
p.rlpiration, Appetite lO'I, and inability to aleep.
". Th. next day, November 19, 1992, D.c.dent wa. found dead
aa a r.lult of a self-inflicted gun.hot wound,
aoulIT I
a. LII AHOI..OK. 1..aUTO. or Ta. I.TAT. o. tOlD .. aaUKLICB. III
L.
'.HK.ILVANIA aIALT. ao.,.
17. The averments contained in Paragraph. 1 through 26 are
inoorporated ~erein by refer.noe.
'1. Plaintiff bringe thi. aotion on b.half of the .urvivor.
of the Deceas.d und.r and by virtue of the Act of July 9, 1976,
P,L. &86, No. 142 52 a. am.nded by tho Aot of Oeo.mb.r 20, 1982,
P,L. 1409, No. 326, art. II, 5201 (42 Pa. C.B,A. 88301), known a.
the penn.ylvania Wrongful D.ath Aot, and und.r the .urvival action
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provi.ion. of the JUdioiary Aot of July 9, 1976, P.L. 586, 43 Pa.
Con. stat. Ann. 558303 and 5534(3), and the P.nnaylvania Probate
I.tah. and Fiduoiary cod., Aot of June 30, 1973, P.L. 508, 30 Pa.
Con. stat. Ann. 53373.
It. The D.ced.nt l.ft .urvivinq hilll hi. parent., Ille.nor
crullll10h and Boyd S. Crumlioh, Jr., who ar. entitled to r.oov.r
~alllage. und.r and by virtue of aaid Act.
10. Deced.nt did not comm.noe lIny aotion during hh lifetillle,
nor have any other action. before hil death b..n commenced again.t
Defen~ant8 her.in.
11. The injuriea to, and the death of the neced.nt, an~ the
damAg.. whioh are hereinaft.r set forth were cau.ed .olely by and
w.r. the direot and prollimate re.ult of the r.ckle..n...,
n.gligenoe, and malpractic. of Defendant Pennaylvania Health corp.
in any and/or all of the following re.pect.l
A. In failinq to provide ad.quate .uperviaion of ita
.taff and employee. to enaure that proper ho.pital practice.
and procedures are fOllowed,
.. In .xt.ndinq .taff privileq.a to dootor. who were
not eufficiently qualified by .xperi.noe, reeearoh, and
educational backqround to adequately identify the illne..
affecting the Deced.nt,
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C. In failinq Ind neqlectinq to take prop.r and
,ufficient precaution. to leave the Deced.nt at all ti~e. in
the care of competent, .killed, and quaUfi.d doctor., nur.e.,
and attendant.;
D. In failing to promptly and properly diaqnoli. the
Decedent's condition;
.. In failing to .nact or promulgat., or if enacted or
promulgated, in failing to enforce autfici.nt rul.. and
regulation. relating to the treatment and care of pati.nt. in
the CJondi,tion of the D.cedent,
r. In failing to provide ad.quate aupervi.ion of its
.taff and .mployeee to .n.ure that proper facility practic..
and procedur.s are follow.d,
G. In failing and neglecting to employ or hire dootor.
with adequate .xperienoe, qualifioation., and .kill. to
prop.rly treat per.on. ,xhibiting .ymptoma and oomplAint. a.
were exhibited by the Oeoedent;
I. In failing to .upervis. Defendant Thoma. R. Hobb.,
M.D. ,
I. In allowing Dr. Hobb. to practic. at the fAcilitie.
of Mechanic.burg Rehab Syatem where Dr. Hobbs we. abu.inq or
had a history of abu.ing addictiv. narcotio sUb.tanc..,
J. In failing to inv..tiqate Dr. Hobb., and
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I. In faiUng to periodically nvi.w the quaUfication.
and performanoe of Dr. lIobb..
II. A. a direot and proximate re.ult Qf the neqliqenoe of
D.fendant, penn.ylvania Health corp., Doc.d.nt'. .urvivora had
luffered and in the future will .uffer lo.. by rea.on of the
d.privation of Deced.nt'y companion.hip, contribution., .upport,
comfort, aide, .ervices, .duc~tion, etc., for all of which damaqe.
are claimed.
II. Ae a result of the injurie. auffer.d by and the death of
D.ced.nt, the F..tate of Boyd s. crumlich, III haM incurred medical,
funeral, burial, and other expenaes of administration, for all of
which dAmag.. Are claimed.
.....'0.., Plaintiff demands judgment again.t D.fendant
P.nn.ylvania Health corp. in an amount in .xce.. of Ten Thou.and
Dollar. ($10,000.00).
OOUIlT IX
C. L.. AID..IOK. .I.OUTOI 0' TH. I.T1TI 0' .OYD I. O.UKLIOB. III
L.
THOMAI .. HO.II. M.D.
u. Paragraph. 1 through 33 ar. inoorporated herein by
r.ference.
II. Plaintiff bringl thi. action on behalf of the .urvivor.
of the Dec.a..d under and by virtue of the Act of July 9, 1976,
P.L. ~86, No. 142 S2 a. amended by the Act of Dec.mber 20, 1982,
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P.L. 1409, No. 326, art. II, 5201 (42 Pa. C.B.A. 58301), known a.
the P.nn.ylvania Wrongful Death Act, and un~er the 8urvival Action
provi.ions of the JUdiciary Act of July 9, 1976, P.L. ~86, 42 Pa.
Con. stat. Ann. 558302 and 5524(2), and the P.nnsylvania Probate
E.tAt.S and Fiduciary Code, Aot of J~n. 30, 1972, P.L. ~08, 20 Pa.
Con. stat. Ann. 53373.
U. The D.oedent left aurviving him hit parents, Illeanor
Crumlich and Boyd S. crumlioh, Jr., who are .ntitl.d to r.cover
damages under and by virtue ot said Aot.
37. Decedent ~id not commeno. any Aot ion dur ing his lif.tim.,
nor have any other aotions bet ore his death be.n comm.nce~ Against
Defendant. herein.
u. Th. .lnjurie. and d.ath of Deoedent, Boyd S. crumlich,
III, an~ the ~"maCJe. whi-::h Are hereinatter let forth were cau..d
.ol.ly by and w.r. the direct and proximAte result of the
carel...nese, reokle.sness, negligenoe, IInd malpractice of
Def.ndant, ThomAs R. Hobbs, M.D., in any or allot the following
r.sp.ctsl
a. In failing to prop.rly render the medical OAre that
D.cedent'. condition ~emand.d,
.. In failing to detoxify Dece~.nt over a longer and
appropriate period of time,
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C. In taUinq to withdraw Decedent trom the Uti ot
methadone ov.r a lonqer and Illore appropriAte period ot time,
D. In failing and negl.ctinq to order te.t. .uttici.nt
to r.veal D.ced.nt'. addiction to B.nzodiAz.pine.,
.. In failinq to uccgniu or diagnod. Decedent'.
addiction to Benzodiazepine.,
r. In faUinq to treat Decedent'. addiotion to
Benzodiazepines,
G. In failinq to recognize that Deo.dent was at an
unacceptable high risk tor SUicide,
I. In failing and negleoting to take appropriate
m.asures to deal with Deoedent'Q high suioidal ri.ks,
I. In tailing to provide for continued psychiatric
att.ntion to Decedent,
II. In prematurely disoharging Dec.d.nt trom
Mechanioaburg R.hab System, and
I. In taking D.cedent off all pain m.dication without
providing any alternative m.thods of pain roliet.
U. In addition to the allegations set forth in Paragraph 38,
Detendant Thomas R. Hobbs, M.D., is liable to Plaintiff in that h.
negl.oted to prop~rly diagnosis and care for th. Decedent, and did
commit oarele.sly, reokl.ssly, and negligently aota of omission and
commi.sion and did depart from good, atandard praotioe and
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procedure in vogue in the medicAl community of which Defendant i.
A part at the time. And place. a. afore.aid, or in the alternative,
in that Defendant .ntruet.d the care of Decedent to .uch perlon.
who n'9lected to properly diagnoli., care for, treat, and cur. the
'Aid D.c.dent, 8nd did commit oarel...ly, reckl...ly, and
negligently act. of omission and commi..ion and did d.part from
good, atandard practice And procedure in vogue in the medical
community of which Defendant is a part at the tim.. and placel a.
afore.aid.
40. A. a furth.r r.sult of the wrongful act of the D.fendant
Thomae R. Hobbs, M.D., Plaintiff and the Decedent's .urvivora have
auffered the damage. 8et forth in Paragraphs 32 and 33 hereof.
n....o.., Plaintiff demand. judgment againllt D.fendant Thoma.
R. Hobbl, M.D., in an amount in exce.s of Ten Thousand Dollars
($10,000.00) .
SMIGEL, ANDERSON & SACKS
Date I 1;f~lf! (;~ (,' (0~1
BYI
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131.15
2917 North Front str.et
~arrisburg, PA 17110-1223
(717) 234-2401
ATTORN~YS FOR PLAINTIFF
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VERIFICATION
I, C. L.e Anderson, v.rity that the stat.ment. contained
in the tor.going Complftint are true and correct to the b..t of my
knowl.dge, intormation and beliet.
I underatand that tal..
.tatement. therein are ~ade 8ubjeot to the p.nalti.. ot 18 Pa.C.S.
54904, r.lating to unsworn talsiti~ation to authoritie..
Oatel ..!lft;..! 1; /1</11
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I, RICHARD B. WICKERSHAM, Elqulre, and the law nrm of BOlwell, Snyder,
Tlntn.r A PIccola, do h.r.by cerUfy that I am thll 30th day 0' March, 1994, lervin, a true
and correct copy of the fore,olll' APPE.Ul......NCE OF COUNSEL on all coulll.1 of record
by d,polltln. a copy th.r.of III th. United Stat.1 Mall, POltal. pr.pald, addr....d II
followa:
C. Le. And.non, Elqulr.
SMIOEL, ANDERSON A SACKS
2911 North Front Stroet
Hanllburl. PA 17110
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C. LEE ANDERSON, EXECUTOR OF
THE ESTATE or BOYD S.
CRUMLICH, III, DECEASED,
Plaintiff
v.
I IN THE COURT OF COMMON PLEAS or
I CUMBERLAND COUNTY, PENNSYLVANIA
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I NO. 94-1387 CIVIL TERM
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I CIVIL ACTION - LAW
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PENNSYLVANIA HEALTH CORP.
AND THOMAS R. HOBBS, M.D.,
Defendants
~8.'. WITH ... KlTT.~
AND NOW oomes the Defendant, Penneyivania Health Corp.,
("Anewerinq Defendant") by its attorneys, Wix, Wenger' Weidner,
and files the Anewer with New Matter to the Complaint as folloWSI
All....
1. After reaeonable inveetigation, Answering Defendant is
without knowledge or information euffioient to form an
opinion as to the truth of theea averments, the eame
are therefore denied, and striot proof thereof i.
demanded at trial.
2. Admitted.
3. The averments of this Paragraph rafer to a Defendant
other than the Answering Defendant, and no answer i.
thuI required.
4. Admitted in part and denied in part. It i. admitted
that Mr. Crumlioh was injured in an motor vehicle
accident in 1976, resulting in paraplegic with oomplete
motor and seneory loee, neurogenio bladder and bowel,
and neurogenic pain. It is further admitted that Mr.
crumlich suffered from ohronic recurrent decubitus
5.
ulcers. with relpeat to the allegations regarding the
1991 orthopedio surgery which allegedly oaused sever
untractlble back pain, aftar a reasonable
investigation, Answering Defendant is without knowledge
or informatiQn lufficient to form an opinion as to the
truth of theee averments, an~ etrict proof thereof ie
demanded at trial.
Admitted in part and denied in part. It is admitted
that Anewering Defendant wae aware that Mr. crumlioh
wae taking Percocet and Darvocet. After reaeonable
inve.tigation, Anewering Defendant i. without knowledge
or information eUfficient to form a bellef ae to
whether Mr. crumlioh took Peroodan and Demerol, or
whether Mr. Crumlich took any of theee medioinee to
gain relief from unbearable pain in his bank, and the
lame is therefore denied, and etrict proof thereof is
demanded at trial.
After reaeonable investigation, Answering Defendant i.
without knowledge or information sUffioient to form an
opinion ae to the truth of these avsrments, the same
are therefore deniedl and striot proof thereof il
demanded at trial.
Admitted in part and denied in part. It is admitted
that Mr. crumlioh was also taking medioations known as
Valium, Roetoril and Elavil. After reasonable
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6.
7.
inveetigation, Anewering Defendant is without knowledge
or information euffioient to form an opinion ae to the
truth of the remaining avermentel the same are
therefore denied, and etriot proof thereof is dlmanded
at trial.
8. Admitted in part and denied in part. It is admitted
that Mr. Crumlioh served for a brief period of time as
a Marine in Vietnam. It is admitted that Mr. Crumlioh
had a history of alcohol abuee. It is denied that Mr.
crumUoh "manitested eymptomatology of Post-Traumatio
strese Disorder." To the oontrary, Mr. crumUch
deeoribed himself as having symptoms of Post-Traumatio
Strese Disorder. It is denied that Mr. Crumlich was
predisposed to become habituated or addioted to drugs
and medioations beoause of his oonsumption of alcohol.
9. Admitted in part and denied in part. It is admitted
that Mr. crumlich was admitted to Mechaniosburg Rehab
System on November 10, 1992 under the oare of Dr. Hobbs
in order to be detoxified from drugs. It i. denied
that this was the only purpose of the hospitalization.
To the contrary, he was also admitted to undergo a
rehabilitation program in an effort to make Mr.
crumlich as oomfortable and pain-free as possible.
10. Admitted in part and denied in part. It is admitted
that nurses, attendants, teohnioians and other persons
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were employed by Meohaniceburg Rehab System. It is
denied that the doctore or Thomae R. Hobbs, M.D. were
employed by Meohanioeburg Rehab System. To the
oontrary, dootors, inoluding Dr. Hobbe, were
independent oontractors or wer.e on the medioal staff,
but not in the employ of Meohaniceburg Rehab System.
The remaining avermente of this Paragraph ooncerning
the actione of th$ individuals mentioned, the dieoharge
of their dutiee and the ecope of their authority, are
all legal conclusions and the same are therefore
denied.
11. Deni$d. To the contrary, Mr. Crumlich was initially
approved by the Utilization Review committee for a
eeven (7) day stay.
12. Denied. It is denied that Mr. crumlich wae to be
admitted for a 30-day detoxifioation period. After a
reasonable investigation, Answering Defendant ie
without knowledge or information sUffioient to form a
belief as to whether a TENS units was to be implanted
in Mr. crumlich or how said unit would have funotioned
in his oase, and the same is therefore denied with
strict proof thereof d$manded at trial.
13. It ie admitted that Mr. crumlich was taken off of his
usual pain medication at the medical order of hie
attending physioian, Dr. Hobbs.
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14. Denied ae stated. It is admitted that Mr. Crumlich was
detoxified at tho medioal order of the attending
phyeioian, Dr. Hobbs, within a period of .ix (6) daye.
It i. denied that said period ie unusually short. It
is further denied that the detoxification regimen of
Methadone wae ae atated in this Paragraph. To the
contrary, the detoxification regime wae a. followsl 20
mg. daily for two (2) days, then 10 mg. daily for two
(2) days, then 6 mg. daily for two (2) days.
15. After reaeonable investigation, Anewering Defendant ie
without knowledge or information euffioient to form an
opinion as to the truth of these averments, the same
are therefore denied, and strict proof thereof i.
demanded at trial.
16. The avermente of this Paragraph are direoted to a
Defendant other than the Answering Defendant, and the
eame ie therefore denied. To the extent that an answer
i. required, after reasonable investigation, Answering
Defendant is without knowledge or information
sUfficient to form an opinion as to the truth of these
avermente, and striot proof thereof is demanded at
trial.
17. The averments of this Paragraph are directed to a
Defendant other than the Answering Defendant, and the
same is therefore denied. To the extent that an answer
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ie required, after reasonable investigation, Answering
Defendant is without knowledge or information
euffio1ent to form an opinion IlB to the truth of the8e
avermente, and striot proof thereof is demanded at
trial.
18. Admitted.
19. Admitted. By way of further anewer, Deoedent indicated
during that same evaluation that he was not feeling
auicidal as of the time of the interview and agreed to
oontaot the psychologist if he began to feel suioidal.
20. Admitted in part and denied in part. It is admitted
that the Decedent rated himself on a self-rated eoale
for depression as being an oight (8) out of ten (10).
It ie denied that Decedent's self-esteem was found to
be poor. To the oontrary, Mr. crumlich identified his
own self-esteem as poor.
21. Admitted in part and denied in part. It ie denied that
Deoedent was experienoing "a significant level of
anxiety and depress ion. n To the oontrary, the test
reeulte suggested that Mr. crumlioh was experiencing Ita
significant level of anxiety and depressionn. The
other averments of this paragraph are admitted. By way
of further answer, Mr. crumlioh reoeived individual
psychological oounseling.
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22.
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23.
24.
25.
26.
The averm.nts of this Paragraph "re direoted to a
Defendant other than the Answering Defendant, and the
s~me ie thereforQ denied. To the extent that an answer
i. required, after reaeonable inveetigation, Anlwerinq
Defendant is without knowledqe or information
sufficient to form an opinion as to the truth of these
averments, and etriot proof thereof is demanded at
trial.
Denied as stated. Mr. crumlich wae admitted to
Meohanicsburq Rehab System on November 10 and was
dieoharged on November 18, totaling a period of nine
(9) days.
After reasonable investigation, Answering Defendant is
without knowledge or information eUfficient to form an
opinion as to the truth of these avermente, the same
are therefore denied, and strict proof thereof is
demanded at trial.
After reaeonable investigation, Anewering Defendant ie
without knowledge or information sUfficient to form an
opinion as to the truth of these averments, the same
are therefore denied, and strict proof thereof ie
demanded at trial.
After reaeonable investigation, Answering Defendant is
without knowledge or information SUffioient to form an
opinion as to the truth of theee averments, the same
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ar. t~.r.fore ~enied, and .triot proof. thereof i.
d.manded at trial.
COUNT I
27. Th. anew.re to Paragraph. 1 through 26 are inoorporated
herein by referenoe.
28. Th. av.rments of this paragraph contain conclusione of
law to whioh nQ reeponeive pleading ie required.
29. The averm.nts of this paragraph oontain oonolueione of
law to which no responsive pl.ading ie required. To
the extent a reeponsive pleading is required, it is
admitted that Deoedent's parent~ are El.anor Crumlioh
and Boyd S. crumlich, Jr. It is denied that they are
entitled to recover damages.
30. Admitted.
31. Th. avermente of thie paragraph oontain conclueione of
law to whioh no responsive pleading is required. To
the extent a reeponsive pleading is required, it ie
deni.d that Pennsylvania Health Corp. was reokl.es,
n.gligent or committed malpraotice upon Mr. Crumlioh,
and that any suoh conduct was the direct and proximate
r..ult of Mr. crumlich's injuries. By way of further
answ.r, the Answering Defenddnt pleads as followsl
A. It is denied that Anew.ring Defendant did not
ad.quately supervise its staff and employ.e.. To
the oontrary, supervision of staff and employ.es
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was adequate to eneure that proper hospital
praotioee and proceduree were followed.
B. Denied. To the oontrary, doctors to whom staff
privilegee have been extended have had their
credentiale reviewed to ensure that they have the
neoeseary qualificatione to adequately treat and
identify illneeees affecting the Deoedent.
c. Denied. To the oontrary, Deoedent wae cared for
at all times by oompetent, skilled and qualified
dootore, nureee and attendante.
P. It is denied that it ie within the purview of the
Anewering's Defendant's responeibilities to
diagnose the Decedent's oondition. The
responsibility for diagnoeie ie that of physicians
who in this caee were not employeee of the
Answering Defendant. By way of further answer,
the Deoedent's condition was promptly and properly
diagnosed by the attending phyeician.
I. Denied. To the oontrary, sufficient rules and
regulations have been promulgated relating to the
treatment of care of patients in the oondition of
the Deoedent. Further, those rulee and
regulatione have been enforoed and followed at all
relevant times hereto.
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r, Denied. To the cQnt~ary, the staff and employees
of the Answerinq Defendant were properly
supervised at all relevant timee hereto to eneure
that proper faoility practioes and prooedu~es were
follQwed.
G. Denied. To the oontrary, dootors who reoeived
staff privileges have had their oredentiale
reviewed to ensure that they have adequate
experience, qualifioationm and skills to properly
t~eat persons eXhibiting symptoms and oomplainte
se we~e exhibited by the Decedent.
H. Oenied. To the contrary, to the extent that a
physician such as Dr. Hobbs is "supervised" by
Answoring Defendant, Dr. Hobbs was properly
.upe~viDed by the Answering Defendant.
I. Denied. It is denied that the Answering Defendant
knew or shoUld have known that Dr. Hobbe was
abusinq or had a hiatory of abusinq addictive
narcotic substances. After reasonable
investigation, Answering Defendant is without
knowledge as to the truth of the avorment that Dr.
Hobbs was abusing or had a history of abueinq
addiotive narcotic eubstances, the same are
therefore denied, and etrict proof thereof is
demanded at trial.
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J. Denied. To the oontrary, Dr. Hobbe' oredentiale
and baokground were thoroughly inve.tigated by
Answering Defendant prior to hie being extended
staff privilege..
K. Denied. To the contrary, Dr. Hobbe'
qualifioatione and oredentiale were periodioally
reviewed by the governing board of the Answering
Defendant. Performance was monitored and reviewed
by the Medioal Direotor of the Answering
Defendant.
~a. The averments of this paragraph contain cQnolueione of
law to whioh no responeive pleading is required. To
the extent a re.ponsive pleading is required, after a
reaeonable inveetigation, Anewering Defendant is
without knowledge or information sufficient to form a
belief as to the truth of these averments, the same ie
therefore denied.
33. The averments of this paragraph oontain conclusions of
law to which no responsive pleading is required. To
the extent a responsive pleading is required, after a
reaeonable investigation, Answering Defendant is
without knowledge or information SUfficient to form a
belief as to the truth of theee averment., the same is
therefore denied.
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WHEREfORE, the Answerin9 Defendant re~pectfully
requests that this aotion be diemis.ed.
COUNT II
~4. Para9raphs 1 throu9h 33 are incorporated herein by
reference.
The averments of theee Paragraphe are all directed to a
Defendant other than the Answering Defendant, and no
responee ie therefore required.
WHEREfORE, the Answering Defendant reepeotfully
requests that thie aotion be diemissed.
35.-40.
liD MATT'.
41. The Decedent pr.ovided no finanoial support to his
parents.
42. upon admieeion to the Anewering Defendant'e facility on
November 10, 1992, Mr. crumlioh signed a document
entitled "An Important Messllge from Medioare". Among
other pr~vi.ione, the Me..age gave Mr. crumlich
information about what to do if he thought be was being
asked to leave the Answering Defendant's faoility too
loon.
43.
on the day of his discharge, Mr. crumlioh did not
indicate to anyone that he thought that he was being
discharged from the Anewering Defendant'e facility too
soon.
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44. Shortly after hie admieeion to the Meohanioeburg Rehab
System, the Deoedent agreed to tell hie attending
psychologiet if he had suicidal feelings.
45. The Deoedent never informed his psychologist or anyone
else at Mechanicsburg Rehab syetem that he was feeling
suicidal.
46. The Decedent's detoxification was completed on November
115, 1992.
47. On or about November 17, 1992, Decedent'e attending
physician, Dr. Hobbs, and Answering Oefendant's therapy
treatm.nt team reoommended eeveral continued treatment
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options to the Deoedent.
48. The Anewering Defendant's therapy treatment team
recommended that Mr. crumlich be traneferred to an in-
patient drug and alcohol treatment program at another
facility where he could aleo receive peychological
counseling.
49. Mr. Crumlich rejected thie suggestion.
50. After Mr. crumlioh rejeoted this recommendation, the
Anewering Defendant's therapy treatment team then
recommended that Mr. crumlioh etay at the Answering
Defendant'e faoility and be entered into the ohronio
pain (MIR) program.
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51. The Deoedent rejeoted further in-patient stays at any
faoility .nd Btated his desire to leaVe the faoility
and seek outpatient treatment in the future.
53. After hearing these rejections, the Answerinq
Defendant's therapy treatment team then attempted to
sohedule out-patient treatment for Mr. crumlioh.
53. Mr. Crumlich deolined to sohedule out-patient therapy
at the time he wae leaving the faoility, and etated
that he would schedule his own thorapiee after he
returned home.
54. The Decedent agreed to see Dr. Hobbs in two weeke to
follow up on hie in-patient stay.
55. At the time of Decedent's discharqe, he was alert and
oriented with no tremors or withdrawal eymptoms noted.
56. At the time of his diecharge, the Deoedent wae mentally
competent and alert and was able to voluntar.ily refuse
further in"patient medical treatment.
57. Prior to his admis61ion to the Mechanioeburg Rehab
System, the Deoedent had been VOluntarily consuming
alcohol and druge and wae thue contributorily or
oomparatively negligent or ae.umed the riek of his
condition.
58. Any depression experienced by the Deoedent wae a. a
re.ult of the motor vehicle aocident in 1976 and the
sub.equent surgeriee, illnesees and treatments were
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related to that acoident, and not to hie admi.sion to
the Answering Defendant'e faoility.
59. The Deoedent wae oontributorily or oomparatively
negliqent or aeeumed the risk of hie injurj,es or death
if his death wae cause by euioide.
60. If Deoedent exhibited withdrawal symptome after
dieoharging himeelf from the Anewering Defendant'.
faoility, those symptoms were observed by membere of
Mr. crumlich's family.
61. On information and belief, if Decedent exhibited
withdrawal eymptoms after discharge from the Answering
Defendant's facility thODe symptoms were obeerved by
Mr. crumUch'e pax'ants, who seek to recover in thie
aotion.
62. No one who observed these alleged withdrawal eymptoms,
inoluding the Decedent, notified the Anewering
Defendant or Dr. Hobbs or any other health care
provider in order to seek treatment for the Decedent.
63. If Decedent exhibited withdrawal symptoms after being
dieoharqed from Anewering Defendant's facility, persone
who notioed these eymptoms were oontributorily or
oomparatively negligent or aesumed the riek of his
death by failing to notify Answering Defendant or Dr.
Hobbs or any other health csre profe..ional of these
.ymptoms.
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c. LEE ANDERSON, EXECUTOR OF
THE ESTATE OF BOYD S.
CRUMLICH, III, DECEASED,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND OOUNTY, PENNSYLVANIA
v.
NO. 94-1387 CIVIL TERM
PENNSYLVANIA HEALTH CORP.
AND THOMAS R. HO>>BS, M.D.,
Defendante
CIVIL ACTION - LAW
CIRTIrICATI 0' ...VIC.
I hereby oertify the toregoing Answer with New Matter
wae eent via firet-olas., postage prepaid mail thie day to the
following I
C. Lee Anderson, Esquire
Smigel, Andereon , sacke
2917 North Front street
Harrisburg, PA 17110-1223
Riohard B. Wickersham, Esquire
Boswell, snyder, Tintner , Picoola
315 North Front Street
P.O. Box 741
Harrieburg, PA 17108-0741
Respectfully submitted,
WIX, WENGER , WEIDNER
. ) ,
B (\' (~ ~J' u...
YE., ,...' ( " , ^-'
av R. Ge Ill, Ee ire
I.D. 134838
508 North Second Street
Poet Office Box 845
Harrieburg, PA 17108-0845
(717) 234-4182
DATIl May 9, 1994
II
",U:.IOA'U.QI
I, William ~. WilkisQn, Executive Direotor ot
Pennsylvania Health Corp., whioh operatee the faoility known as
Meohanicsburg Rehab System, a Penneylvania oorporation, have read
the foregoing dooument and hereby affirm and verify that it is
true and oorreot to the beet of my pereonal knowledge,
information and belief. I verify that all of the statemente made
in the foregoing document are true and correot and that false
statemente made therein may subjeot me to the penalties of 18 Pa.
C.S. 5 4904, relating to uneworn falsifioation to authorities.
PENNSYLVANIA HEALTH CORP.
I
BYI fr-'-~----
Wilr am ~. lk1son
Executive Direotor
DATEI f'ltJ.1I1j /'1'l'1
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C. LII ANDIRSON, EXECUTOR or
THI ESTATE or BOYD S.
CRUMLICH, III, DECEASED,
Plaintiff
IN TUE COURT OF COMMON PLEAS or
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 94-1387 CIVIL TERM
PENNSYLVANIA HEALTH CORP.
AND THOMAS R. HOBBS, M.D.,
Defendante
CIVIL ACTION - LAW
CI.TI.ICAT. O. I..VIO.
I hereby certify the foregoing Praecipe was eent via
first-alaee, poet age prepaid mail this day to the followingl
c. Lee Andereon, Esquire
Smigel, Andereon , Sacks
2917 North Front Street
Harrieburq, PA 17110-1223
Riohard B. Wickereham, Esquire
Boewell, Snyder, Tintner , Picoola
31~ North Front Street
P.O. Box 741
Harrisburg, PA 17108-0741
Respectfully eubmitted,
WIX, WENGER , WEIDNER
)
By,9)r "
5av .
1.0. #34838
508 North Seoond street
Poet Offioe Box 84~
Harrieburg, PA 1710B-OB4~
(717) 234-41B2
e
DATil May 12, 1".
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IOIWIU. INYDII, 11N'IND I ftCC()lA
311 NortIl J'roIIt .......
,.0. 101741
IllnllburI.'A l'7JGM741
~ (717) w.m7
Ttlmpllrl (717) 2.1H316
ATJ1)RNJY FOR DUDlDANT
11I()MA,I a. HOI.. M.D.
C. LEE ANDERSON, Executor
of the Eltate of BOYD S.
CRUMLICH, m. Deceased,
Plaintiff
IN THE COURT Of COMMON PLEAS
CUMBERLAND COUNTY,
PP.NNSYL VANIA
v.
NO. 94.1387.clvll
PENNSYLVANIA HEALTH CORP.
AND THOMAS R. HOBBS, M.D.,
Defend8Jlta
~01Ig: TO p"w
, 'I
TOl C. LEE ANDERSON, Executor of the Eltate
of Boyd S. Crumllch, III, Deceased
YOU ARE HEREBY N011nED to file a wrIlten relponle to the attached ANSWER
WITH NEW MATTER to Plalntlrrl Complaint within twenty (20) days from lervice hereof
or a Judlment may be entered alalnat you. (, ( )
BY: [~~~~{;~~~: Eaqulre
DATED: May 24, 1994
4-8. Denied. The averment. of Para Ira ph. 4-8 of Plalntlfr. Complaint are
denied after rea.onable Invellllatlon, Anlwerlnl Defendant Thomal R. Hobbl, M.D., II
without knowledae or Information lufflclent to form an opinion al to the truth of thele
avermentl, the lame are therefore denied; and strict proof thereof Is demanded at the time
of trlal,lf deemed material. By way of further anlwer, however, It II admitted that Plalntlff'1
decedent Boyd S. Crumllch, III, W81 lnjured In an automobUe accident In 1976 relultlna In
parapleata and other serious Injuries with sublequent surlery and Involvement In multiple
medications.
9. Admltted.
10. Denied. At all times Involved herein, Answerlnl Defendant Thomu R.
Hobbl. M.D., wu not a IClrvant, aaent or employee of Mechanlcsbura Rehab SyatClm. The
remalnlna alleaatlons of Paraaraph 10 of Plalnllfrs Complaint refers to another Defendant.
II. Denied. It II specifically denied that decedent Crumllch was to underao a
thlrty-day pClrlod of deto~ficatlon 81 an In-patient In the Mechanlcsbura Rehab System.
There was no such thlna III a "thlrty.iJay deto~ncatlon proaram" at said Rehab Hospital.
Plaintiff decedent Crumllch W.I admitted to Mechanlcsbura Rehab System with the
"Iumptlon Bnd the Intention that he would 10 on Into the Chronic Pain Treatment
Proaram, which proaram wal offered to Plahitlfrs decedent Crumllch and refuled by
Plaintiff decedent Crumllch.
12. Denied. After re8lonable Investigation Answerlna Defendant Is without
knowledae or Information sufflclent to form an opinion as to the truth of thele avermenta;
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the lam. are therefor. denied; and Itrlct proof thereof II demanded at the time of trial, If
deemed material. By way of further anlwer, Dr. Thomal R. Hobbl had no Involvement
whallOlv.r In any planl relatlnlto the lurllcallmplantlnlln Plalntl" decedent Crumllch
of a TENS Unit.
13. It II admitted that Plalntl" decedent Crumllch wu taken 0" tho medlcationl
that he hid been taklnl and Methadone WII lubltltuted therefor.
14. Denied. Mter realonable Invcltlptlon, Anlwerlnl Defendant II without
knowledp or Information lutnclent to form an opinion II to the truth of th.le avermenll;
the lame are therefore denied; and Itrlct proof II demanded at the time of trial. If deemed
material. By way of further anlwer the hOlpltal recordl will Ipeak for themlelvel II to the
Ipeclficl of the detoxification realmen.
15. Methadone WII not prescribed to relieve Plalntl" decedent'E pain.
Methadone WII prescribed to make It ellY for Plalntlf'l decedent to come 0" of the
narcotlcl he had been taklna. Methadone doel have lome pain rellevlna quail tiel but It II
not prescribed for pain ulually. It II prescribed to eale the deto". By way of further anlwer,
at dlscharae. Dr. Hobbs prescribed for Plalntlffl decedent a non-addlctlnl pain medication,
believed to be Toradol; the hOlpltal records will Ipeak for themlelves .. to luch
prescription.
16. Denied. Anawerlna Defendant Thom.. R. Hobbl. M.D.. never made any
luch telephone calli nor did he tell Plalntl" decedent that he had made any such telephone
Caill, nor did he have an arlument with Plalntl" decedent Crumllch.
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17. Denied. Anlwerlnl Defendant Thomu R. Hobbl, M.D. had no Involvement
whalloever 14 the Inltlllatlon of a TBNS Unit.
18. Denied. After reuonable Inveltlptlon, Answerlnl Defendant II without
knowledae or Information lutnclentto form an opinion al to the truth of theae avermenlli
the lame are therefore denied: Ind Itrlct proof II demanded at the time of trial,lf deemed
material. By way of further relponae, anyone who hu been taltlnl drup or alcohol and
who enterl detox Is lolnl to be deprelled and they are certainly lolnl to have Ileep
probleml and diminished appetite: thOle are all symptoms of addiction, all Iymptoml of
withdrawal, and you cannot relieve all of the symptoms of withdrawal with medication.
19. Admllled In part, denied In part. To the utentthe avermenll contained
In lhll paraaraph are refir.cted by the records of Mechanlcsburs Rehab S)'Item, they are
admllled. To the extent the said averments are not contained within the records of the
Mechanlcsburl Rehab S)'Item, or are contradicted thereby, they are denied. Since after
reuonable Invtstlptlon, Answerlnl Defendant Thomas R. Hobbs, M.D. II without
knowledle or Information lutnclent to form a belief aa to the truth or falsity of the
avermenll contained In this paraaraph, and, therefore denies same and demands strict proof
thereof at the time of trlal,lf deemed material. By way of further answer, the telt referred
to Is worthle.. for lomeone Ullnl drup and alcohol, such test Is not properly a1ven until a
penon haa been lober lilI monthl or off drup for Ilx months, aa drup or alcohol have 10
effected the mind that the test relult Is not accurate.
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22. Denied. Anawerlnl Defendant Thoma. R. Hobba. M.D.. at all tlm..
relevant hereto, WII not ualnl addictive narcotic aubstancea. Thla alleptlon la alanderoUl
per II and will be dealt with aubaequently.
23. Admitted In part, denied In part, to the elltent the avermenta contalned In
Paraaraph 23 are renected by the records of Mechanlcaburl Rehab Syatem II to adml..lon
date and dlacharle date and number of da)'lln treatment .ald recorda are admitted. To
the elltentthe aald avermenta are not contained within the records of Mechanlcsbur, Rehab
S)'Item or are contradicted thereby, then they are denied, since after rellonable
Invesdlltlon, Answerlnl Defendant Is without knowledle or Information aurnclent to form
a belief as to the truth or falsity of the avermenta contained In this paraaraph and, therefore,
denlea ..me and demands atrlct proof at the time of trial, If deemed material.
24.26. The avermenta of Paraaraphs 24.26 are denied. Arter rellonable
Inveatlptlon, Anawerlnl Defendant Thomas R. Hobbs, M.D., Is without knowledle or
Information surnclent to form an opinion II to the truth of these avermenta; the same are
therefore denied; and strict proof Is demanded at the time of trial, If deemed material.
COUNT I
C. LEE ANDERSON, WCJ.lTOJl QF THE ESTb'IJ OF 10)')) 8. CRUMLICIL m.
YL
27.33. The avermenta of Paraaraphs 27.33 of Plalntlfrs Complaint refer 10 a
Defendant other than Anawerlna Defendant, and no reaponlC la therefore required.
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WHEUFORE, Ihe Anlwerln, De(endlnl ThomBl R. Hobbl, M.D., reapeclfuUy
requellllhallhll action be dllmllled.
COUNT II
C. I.J:E ANPJ:llSON. ~~llTOJ. or 'I1IE ESTATE Of ~YD 8, C1l1'M' .ICQ...Ul
L.
'roOMAS R. HOB~. M.D,
34. paralJ'llphl 1 Ihrouah 33 InclUllve, of Ihe Answer of ThomBl R. Hobbl,
M.D.. are Incorporated herein by reference.
35-37. Denied. The avermenll of Iheae parasraphs conlaln conclullonl of law to
which no reaponllve pleadlna Is required.
38. Denied. The avermenll of this para,raph conlaln conclullonl of law to
which no reaponslve pleadlna II required. To the eltenl a reaponslve pleadlna may be
required, It II specifically denied that Anlwerlns Defendant ThomBl R. Hobbl, M.D. WBl
carel"l, reckl..s, neatlsent or aullty of any malpractice In his care and treatmenl provided
to Plalnllff decedenl. By way of l'urther anlwer, the Answerlns Defendanl Thom.. R.
Hobbs. M.D. pleads 81 follows:
A.-K. Denied. Anlwerlns Defendanl ThomBl R. Hobbs, M.D., al all lime
malerlal herelo, provided fun. complete, proper, reasonable and
adequate medical care and Ireatmenlln accordance wllh Ihe applicable
standard of care.
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39~. Denied. The Ilvermenll of the.e paralraph. contlln conclu.lon. of law to
which no re.pon,lve pleadlnll. required. further, to the elltent I re.pon.lve pleadln. I.
required. after a reaaonable Inve.tlptlon. An.werlnl Defendant 'rhom.. R. Hobb., M.D.,
II without knowledae ')r Information .ufficlent to form a belief .. to the truth of thele
avermenll, the .ame are therefore denied and .trict proof I. demanded at the time of trial.
WIIEIlEFORE, the An.werlna Defendant Thomaa R. Hobb., M.D., re.pectfully
requeall that thl. action be dl.mllled.
~w MATl'ER
1. Plaintiff hal failed to Itate a claim upon which relief can be aranted.
2. At all tlmel material hereto, Anlwerlnl Defendant, Thomaa R. Hobb., M.D.,
provided full, complete, proper, reasonable and adequate medical care and treatment In
accordance with the applicable standard of care.
3. Plalntifrs Injuries, If any. were sustained aa a re.ult of natural or unknown
CIUle. and not.. the re.ult of any action or Inaction on behalf of the Answllrina Defendant,
Thomaa R. Hobbs, M.D.
4. If Plaintiff .uffered Iny damale, the damaaea were caused by the conduct of
othen over whom the Defendant had DO control or rlaht to control.
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5. No conduct on Ihe part of Anlwerlns Defendant, Thomal R. Hobbl, M.D.,
wu a lubltantlal factor In caulln, or contrlbutlna to any harm which the Plaintiff may have
luftered.
6. The Decedent provided no financial lupport to his parenti.
7. Upon admllllon to Mechaniclbura Rehab S)'Item on November 10,1992, Mr.
Crumlich Ilaned a dccument entitled" An Important MClsa,e from Medicare." Amona other
provlalonl, the Mellaae ..ve Mr. Crumllch Informltlon about what to do If he thoupt he
wu belna uked to leave Defendant facility too soon.
B. On Ihe day of hll dlac:har,e, Mr. Crumllch did not Indicate to anyone that he
thoupt that he wu beln, dlac:har,ed from the Mechanlcsbura Rehab S)'Ilem too soon.
9. Shortly afler hlsadmllllon to the Mechanlcsbura Rehab S)'Item, the Decedent
aareed to tell hll attendln, ps)'Choloalst If he had suicidal fecllnp.
10. The Decedenl never Informed his ps)'Choloalst or anyone else at
Mechanlcsbura Rehab System that he was fecllna sulclda\.
11. The Decedent's detoxification was compleled on November 16, 1992.
12. On or about November 17, 1992, Anlwerlng Defendant Thomu R. Hobbl,
M.D., and Mechanlcsbura Rehab S)'Ilem's therapy Ireatment team recommended leveral
continued treatment optlonl to the Decedent.
13. The Mechanlclbur, Rehab S)'Item'l therapy Ireatment team recommended
that Mr. Crumllch be transferred to an In-patlent drua and alcohol treatment proaram at
another facility where he could allo receive pl)'Choloalcal counlellna.
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14. Mr. Crumllch rejected thl. .uueetlon.
15. Anlwerln. Defendlnt Thom.. R. Hobbe. M.D. Idopll by referenco thereto,
and for IDClu.lon herein.. thouah eet forth In full. Plr..rlphl 50-66 Inclualve of the Now
Miltter filed by Defendlnt Penn.ylvanll Hellth Corpuratlon In thl. In.tantlltlptlon.
WHEREFORE, the Anewerln. Defendlnt Thom.. R. Hobb., M.D. rOlpectfuUy
rtqUOIlIthltthl. action bo dllmllled.
BY:
Relpectfully Submitted,
, ,..~\ \ 1.1'. ()
.;;' 11:1,. \._J...\:~-
I HAR B. WICKERSHAM, E.qulre
Supreme Court 1.0. 107271
315 North Pront Street
P.O. Boll. 741
Hlrrlebur., PA 1710B.()741
Telephone: (717) 236-9377
ATTORNEY POR DEPENDANT
THOMAS R. HOBBS, M.D.
BOSWELL, SNYDEI, l1NTNER
Ie PICCOlA
DATED: MlY 24,1994
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VERIFICATION
I, RICHARD B. WICKBRSHAM, Blqulre, do hereby verify lhat Ih. facta
contained herein are Irue and correCllO Ihe bell of my knowledle,lnformlllon Ind belief,
I undeflland Ihll falae 1IIIemenll herein Ire lubjecllO Ihe penallllll of 18 Pa.c.s.A. '1W04
re111111110 unlworn f"llficallonl to luthorltlel.
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'Q.IH/l'J.T'INw'.....V TO NlIW N,4rr-.ll' PI. lIM',Tlj 1XI11./I.,. 2. I'"
v.
I II 'II COU.T or COMKOI '~IA'
I CUUlaloAllD eOUITY, 'IIQI'Y~VAIIIA
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I .0. .4-1317 CXVI~ TIIK
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I elvx~ ACTIO. - ~AW
q. ~'I AXOIa'O., IIICUTO. 0'
'I. I.TAT. 0' 10YD I.
CIUMLICI, III, D.C....D,
.LAXITIr,
JIIQI'Y~V"XA llALTI COl'.,
AXO TIOKA. I. HOII" N.D.,
D..lIfDUlTI
41. Denied. To the oontrary, Decedent provided hie parente
with varioue types of finanoial eupport, inCluding gifte euoh ae a
truok, a car, a television, a washer, a dryer, carpeting, and oash
for remodelinq.
42. Denied.
The reoords supplied to Deoedent's
representative did not oontain any such notioe.
43. After reaeonable investiqation, Plaintiff 18 without
knowledge or information lIufficient to form a belief as to the
truth of this averment.
44. After reasonable investigation, plaintiff is without
knowledqe or information suffioient to form a belief as to the
truth of this averment.
4e. After reasonable investigation, plaintiff ie without
knowledge or information eUffioient to form a belief as to the
truth of thie aVerment.
46. Denied. To the oontrary, it is believed that Decedent'.
detoxitiQation was not oompleted.
47. After reasonable inve.tiqation, plaintiff ill without
knowledqe or intormltion suffioient to form a belief as to the
truth of this averment.
48. After reasonable investigation, Plaintiff ia without
knowledqe or information .uffio1ent to form a belief as to the
truth of this averment.
49. After reasonable investiqation, Plaintiff i. without
knowledqe or information suffioient to form a belief aa to the
truth of this averment.
50. After reaeonable inveetigation, Plaintiff is without
knowledqe or information suffioient to form a belief as to the
truth of this averment.
~1. After re.aonable inveetigation, Plaintiff is without
knowledge or information aufficient to form a belief as to the
truth of this averment.
52. After reasonable inveetigation, Plaintiff. i. without
knowledge or information SUfficient to form a belief as to the
truth of this averment.
~3. After reuonable inveetigaUon, Plaintiff is without
knowledqe or information sufficient to form a belief a. to the
truth of this averment.
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5.. After rea.onable inve.tigation, Plaintiff !s without
knowledge or inforDlltion suffioient to torm a belief as to the
truth of this avera.nt.
55. Denied. It ia believed that Deoedent wa. exhibiting
withdrawal syaptoas at the tiae of his di.oharqe.
56. After reasonable investigation, Plaintiff i. without
knowledge or inforaation suffioient to form a belief as to the
truth of this averaent.
57. It ia denied that Deoedent wa. comparatively neqligent or
.saumed the risk of his oondition. AI to the remaining averments,
after reasonable investigation, Plaintiff is without knowledge or
information suffioient to form a belief a. to th. truth of thia
averment.
&8. Denied. Defendant.' treatment or lack thereof waa a
substantial oau.ative faotor in contributinq to Decedent's
depression and suicide.
&9. The averment of this paragraph constitutes. concluaion
of law to whioh no reapon.e is required.
60. It is admitted that member. of Decedent's family notioed
Decedent's withdrawal symptom., but they were not trained to
reali.e their medical aignifioanoe.
61. Admitted.
62. After reasonable investigation, Plaintiff is without
knowledge or infonllation sufficient to torm a bdief aa to the
truth of this averment.
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63. Denied. It is impossible for Deoedent's parents to have
been comparatively negligent or to have assumed the riek of
Deoedent'. d.ath. It is further denied they were aware that they
should have oontacted Defendant., assuming .UQh a duty to have
existed and assuming thlt it was reasonable to have expeoted them
to do so.
64. Th. averment of this parag1'llph oonetitute. a oonolusion
of law to whioh no responee ie required.
65. The averment of this paragraph oonetitutes a oonclusion
of law to whioh no respon.e is required.
66. The averment of this pllragraph oonstitutes a oonolueion
of law to whioh no r.sponee ie required.
WHEREFORE, Plaintiff demand. judgment againet Defendant as set
forth in his complaint.
Date.
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BYI
SMIGEL, ANDERSON , SACKS
f~d
C. n erson Eequire
2917 North Fron~ Streat
Harri8burg, PA 17110-1223
(717) 234-2401
ATTORNEYS FOR PLAINTIrr
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IQ.12.t/Cf.A,WI......V TQ NJIW ,,",lTU lW TIIIINA'., HQ"" ....M_ 2, .....
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O. LII UD...OI, 1.loV'OJ O'
'II 1.,a'l O' 10lD '1
oaUKLIoa, III, DIo...ID,
.UIRU.
. II T.I oOUlT O' oQKNOI .LI..
. CUUI.LAlfD COUJITY, ....IYLVAllza
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. CIVIL aCTIO. - Law
Y.
.....ILVAIIla IIaL,a coa..,
UD 'lOll' a, lOll', ..D.,
DI.UDUT,
1. The allegation of this paragraph constitutes a oonolusion
of law to which no response is required.
2. The allegation of thi. paragraph constitute. a conolusion
of law to whioh no reeponee 'ie required.
3. Denied. Plaintiff'. death was a direct result of the
negligence of the Defendant a. set forth in the Complaint.
4. To the extent Defendant Hobbs allege. that Defendant
Pennsylvania Health Corp. also caueed Plaintiff's damaq.., suoh
allegation i. admitted. A. to the remainder of .aid allegation,
after reasonable inve.tigation, Plaintiff is without knowledge or
information SUfficient to form a belief ae to the truth of this
averment, and proof thereof i. demanded.
5. The allegation of thie paragraph oonstitute. a oonolusion
of law to whioh no response is required.
6. Denied. To the oontrary, Deoedent provided his parents
with variou. types of financial support, inclUding gifts suoh as a
truck, I car, a telavision, a waaher, a dryer, carpeting, and oa.h
for re.odeUnq.
7. Deniad. Tha recorda supplied to Decadent'.
repre.entative did not oontain any suoh notice.
8. Aftar reasonable investigation, Plaintiff is without
knowledqe or information suffioiant to form a balief as to the
truth of this averment.
9. After reasonable inveatigation, Plaintiff is without
knowledge or information sufficient to form a belief as to the
truth of thia averment.
10. After reasonable investigation, Plaintitf is without
knowledqe or information sufficient to form a balief as to the
truth of this averment.
11. Denied. To the oontrary, it ie believed that Deoadent's
datoxifioation was not oompleted.
12. After reasonable inv..,tigation, Plaintiff is without
knowledqe or information eufficient to form a balief as to the
truth of thia averment.
13. After reasonable investigation, Plaintiff is without
knowledqe or information sufficient to form a belief as to the
truth of thia averment.
14. After reasonable investigation, Plaintiff is without
knowledge or information SUfficient to form a belief as to the
truth of thia averment.
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n. plaintift inoorporates by referenoe hi8 Reply to NIIW
Matter of Detendant Pennsylvania Health corporation, Para9raph.
50-66 inoluaive.
WHIRIFORI, Plaintiff demand. judgment againet Dllfendant all .lIt
forth in his complaint.
SMIGSL, ANDERSON , SAC~S
Date I Lf (...0.. J... I Q ('('I
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BYI
C. e n erson
2917 North Front Street
Harrisbur9, PA 17110-1223
(717) 234-2401
ATTORNEYS FOR PLAINTIrr
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VERIFICATION
I, C. Lee Anderlon, verify that the .tatement. contained
in the fongoing Plaintiff's Reply to New Matter of Defendant
Thomas R. Hobbs, M. D. are true and oorrect to the best of my
knowledqe, information and belief.
I underetand that fal.e
state.ents therein are made subjeot to the penalties of 18 Pa.c.B.
14904, relating to uneworn faleifioation to authorities.
Datel
...J {..__ 1. I c, "f tj
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xecutor of
crumlioh, III
O. e
The Estate
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C. LEE ANDI1RSON, EXEClJ'I'OR OF,
TH' 'S'l'AT' or BO'lD S.
CRlJHLICH, III, Deeea.ed,
Platntitf
v.
PENNS'ILVANIA HEALTH CORPORATION,
AND 'l'HOHAS R. HOBBS, H. D. ,
Derendant
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IN 'l'HI COUR'l' OF COHHON PLIAS
CUHBERLAND COlJNT'I, PI1NNS'ILVANIA
No. 94-1387 Civil Te~m
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, c. Lee Anderson, Esquire, hereby oertify that I have served
a true and oorrect copy of Plaintiff's Re.pon.e to Defendant
pennsylvania Health corporation'e Requeet for Produotion of Document.
upon the following all addressed below by depositing the eame in the
united Statee Hail, first class,
r)I' ,f>
Penneylvania on this ~~ day of
Richard B. Wiokersham, Eequire
BOSWELL, SNYDER, TINTNER & PICCOLA
315 North Front Street
P.o. Box 741
Harrisburg, PA 17108-0741
postage prepaid,
No lIr?rni'er
at Harrisburg,
, 1994.
David R. OetE, Eequire
WIX, WENGER , WEIONER
508 North Second Street
P.O. Box 845
Harrieburg, PA 17108-0845
SMIGEL. ANDERSON & SACKS
BYI
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C. LE
IDI 213 5
2917 North Front Street
Harrisburg, PA 17110-1223
(717) 234-2401
ATTORNEYS FOR PLAINTIFf
ESTATE OF BOYD s. CRUMLICH, 111
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C. LII ANDI.,ON, IXICUTOR or
THI IITATI or 101D I.
CRUNLICH, III, DICIA.ID,
PLAXNTlrr
. IN THI COURT or CONNON 'L.AI
. CUNI.RLAND COUNTY, 1'I1fHIYLVANU
.
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. NO. '4-1317 CIVIL TIRH
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v.
'I...VLVANXA HEALTH CORP.,
AND THONa' .. HOII', H.D.,
DllrlNDMTI
CEltTU'ICATE OF SERVICE
I, C. Lee Anderson, Esquire, hereby oertify that I have served
I true IIlnd oorreot copy of Plaintiff's Answsre to Defendant
penneylvania Health Corp.'s Seoond Set of Intsrroqatories upon the
following ae addressed below by depositinq the eame in the United
states Mail, first class, postaqe prepaid, at Harrisburq,
Pennsylvania on this 18th day of June, 1996.
David R. Getz, Esquire
WIX, WENGER . WEIDNER
508 North Second street
P.O. Box 845
Harrisburg, PA 17108-0845
Richard B. Wickersham, Esquire
BOSWELL, SNYDER, TINTNER , PICCOLA
315 North Front street
P.O. Box 741
Harrisburg, PA 17108-0741
SMIGEL, ANDERSON & SACKS
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C. EE A DE
IDI 21 1
2917 North Front Street
HarriSburg, PA 17110-1223
(717) 234-2401
ATTORNEYS FOR PLAINTIFF
ESTATE OF BOYD S. CRUMLICH, XII
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