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HomeMy WebLinkAbout94-01591 ~ '< ~.. ) ~ ,.1 J \, .. '--~ , ~ ~ ~. . lf~ '4 f I · " : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ~l /1_ 15q I C~l. 0lA--Y"'- ELEANOR SOSNAK AND ANDREW SOSNAK, Her Husband, Plaintiffs . . . . . . v. . . . . G. ROBERT LITTLE, M. D.; and ORB. EDWARD, STONER, LITTLE AND BAER t/d/b/a FAMILY PRACTICE ASSOC., Defendants . . . . . . JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE 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, 4th Fl. CUmberland county Courthouse One Courthouse Square Carlisle, PA l70l3 (7l7) 240-6200 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene viente (30) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objectiones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI NO TIENE ABODAGO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DlRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator, 4th Fl. cumberland County courthouse One Courthouse Square Carlisle, PA l7013 (717) 240-6200 " ELEANOR SOSNAK AND ANDREW SOSNAK, Her Husband, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . : CIVIL ACTION - LAW : NO. v. . . : G. ROBERT LITTLE, M.D. f and DRS. EDWARD, STONER, LITTLE AND BAER t/d/b/a FAMILY PRACTICE ASSOC., Defendants . . . . . . . . : JURY TRIAL DEMANDED COMPLAINT 1. Eleanor Sosnak and her husband, Andrew, are adults residinq in Lemoyne, cumberland County, Pennsylvania. 2. Defendant G. Robert Little, M.D., is a family practitioner practicinq in New Cumberland, Cumberland County, Pennsylvania. 3. Defendants Edwards, stoner, Little and Baer, t/d/b/a Family Practice Assoc., employed G. Robert Little as a physician from May, 1992 to December, 1993. Additionally, all nurses, staff or physicians involved in Eleanor Sosnak's diaqnosis and treatment at office visit to 1900 Bridqe street between May 1992 and December 1993 were employees or officers of said Defendant. 4. Plaintiff Eleanor Sosnak became the patient of Defendant Little at least 15 years aqo. 5. Between September, 1979 and May, 1992, Defendant Little saw Mrs. Sosnak as a patient on multiple occasions for medical problems, includinq viruses, tension headaches, an appendectomy, 41416/_ , t'i . ~! " i r f i t L "': . i' i , , ,....>.~-.~",~,.",,> , kidney infections, hypertension and an obstruction of her ureter. As her treating physician, Defendant Little was familiar with the patient's medical history, symptoms, diagnoses and care over that 12 year period. 6. During the course of his treatment, Defendant Little began prescribing non-steroidal, anti-inflammatory medication (also known as NSAIDs) for Mrs. Sosnak's complaint of chronic tension headaches. The prescription - strength NSAIDS ordered by Defendant Little were in addition to over-the-counter NSAIDs whose use Mrs. Sosnak reported to Defendant Little. The use of NSAIDs continued and intensified over the years. 7. On March 25, 1991, the patient began reporting right- sided pain around her ribs up to her shoulder and into her arm. Mrs. Sosnak also indicated that she became "very nauseated" after eating. 8. Despite these complaints, Defendant continued the patient on NSAIDs on a regular basis throughout the next year. 9. On May l8, 1992, the patient again complained of constant pain under her right breast, nausea from pain pills and "very bad" pain in her back. At that point, the Defendant suspected a pyloric ulcer, which was confirmed by UGI examination performed by a urologist on May 23, 1992. 10. NSAIDs such as aspirin, Excedrin, Motrin, parafon forte are all known to cause ulceration of the stomach and t ! , \ i I ! I I I ! i Holy spirit Hospital emergency room. Her exam revealed severe gastrointestinal tract. 11. Yet, despite having diagnosed Mrs. Sosnak's ulcer and, her history of extensive use of NSAIDs, Defendant Little did DQt discontinue their use. To the contrary, on June 1st, 1992, he prescribed continued use of Motrin. 12. Defendant Little was also aware, on June 1, 1992 of the patient's continued use of Excedrin in addition to the Motrin, but did not recommend Mrs. sosnak discontinue their use. 13. From June l, 1992 until November, 1992, Mrs. sosnak, at her physician'S direction and with his knowledge continued to use NSAIDs despite the existence of her stomach ulcer. On November 10, 1992, Eleanor reported that her abdoDinal and thoracic pain had become so severe that she could not sleep. She further indicated she continued to take Motrin and Excedrin as required. 14. Additionally, on November 10, 1992, Mrs. sosnak's hemoglobin and hematocrit were substantially lower than they had been when tested about a year and a half earlier. Despite the symptoms, Defendant did not advise the patient to reduce her use of Excedrin, Motrin or other NSAIDs. 15. Finally, on December 6, 1992, Mrs. sosnak's pain and weakness grew so severe that she found it necessary to go to the abdominal pain coupled with blood in her stool, and a hemoglobin count which had dropped to less than half of normal. 16. Mrs. Sosnak was immediately admitted to the hospital with a diagnosis of a GI bleed, history of ulcer, hydronephrosis and possible carcinoma of the duodenum. 17. On December l2, having not improved, Mrs. Sosnak underwent major abdominal surgery. Her urgery revealed a pyloric ulcer channel had formed along with strictures at the junction of the first and second portions of the duodenum. 18. Upon discovering these problems, the surgeons found it necessary to perform a hemigastrectomy (removal of one-half of Mrs. Sosnak's stomach.) 19. As a direct result of her surgery, Mrs. Sosnak has suffered a permanent injury to her digestive tract which continues to cause her significant discomfort and has an effect upon her daily living. 20. As a direct result of the negligence alleged herein, Eleanor Sosnak has sustained the following: (a) past and future costs and expenses related to her medical and allied treatment: (b) a diminution of her earning capacity: (c) significant anxiety, discomfort, pain and sUffering both past and future. 2l. As a direct result of the negligence and injuries alleged herein, Andrew Sosnak has suffered a loss of his wife's companionship, advice, services and consortium. " , , , , ~ . ~<Ij '.", -if"' 'r i ~ i j , i' , 22. Plaintiffs' injuries were directly and proximally caused by Defendant G. Robert Little's and/or that of the staff or persons employed by Defendant Family Practice Assoc.'s neqliqence in: (a) prescribinq NSAIDs and/or other known ulcer producinq medications to a patient with a known stomach ulcer; (b) fai1inq to advise Mrs. Sosnak to discontinue the use of NSAIDs or other known ulcer producinq medications upon discovery of her ulcer; (c) advisinq Mrs. Sosnak it was acceptable to discontinue her use of Cytotec: (d) failinq to recoqnize siqns and symptoms of proqressive qastrointestinal ulcers or strictures between May, 1992 and December, 1992: (e) failinq to diaqnose Plaintiff's qastrointestinal stricture or b1eedinq ulcer from May, 1992 to December 6, 1992. (f) failinq to consult a specialist in qastrointestinal disease reqarding his treatment of his patient's ulcer: (q) failinq to properly monitor the patient while on NSAIDs for proqressive qastrointestina1 symptoms: (h) fai1inq to perform laboratory testinq to determine whether the Plaintiff's known ulcer was proqrcssinq or whether new ulcers were forming between May, 1992 and December, 1992; (i) prescribinq NSAIDs to a patient with known ulcer disease when the Use of such drugs was not necessary for the medical problems of which the patient was complaining; (j) failing to determine the origin of the patient'. complaints of abdominal and chest pain between May 1992 and December, 1992; (k) failing to recognize the significance of Plaintiff's drop in hemoglobin and hematocrit in 1992. WHEREFORE, Plaintiff prays for jUdgment against Defendant in an amount in excess of Ten Thousand ($lO,OOO) DOllars, exclusive of interest and costs, and in excess of any juriSdictional amount requiring compulsory arbitration. ANGINO & ROVNER, P.C. Esqu re , VERIFICATION I, ELEANOR SOSNAK, do hereby swear and affirm that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of 18 Pa.C.S. I 4904, relating to unsworn falsification to authorities. WITNESS: ~m' ~a-J :3 -J-Q-CIl{ .f.OMI'~I\.Q. ~J{, ELEANOR SOSNAK Dated: ":I" en . ~\ \I") ~"0 ~ "" ',,", V) --.:::t-- ~... ...... .....~-t w~...~_ '.:JZ"-'2: ~ClU~ 1,",:J:t':) ....J ,,':>I-Z,.. t ':-~...: Ln '.;~;.ei~ .-.t...J~iw '. .c;r,a. ,- =* , .C;Q :0:: n.- ... In ("') ~ ~ 0S. c:> ('T') ... ... :lC ~ ~ ~ '~ fA ~ Co ~~~. '-.r~ ~ ~ ':) ~ SHERIFF'S RETURN CCMoQIlWEALW OF PENNSYLVANIA: COlJta"{ OF CLMBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-1591 Civil Term Complaint in Civil Action Law and Notice Eleanor Sosnak and Andrew Sosnak, her husband VS G. Robert Little, M.D.: and Drs. Edward, Stoner, Little and Baer t/d/b/a Family Practice Assoc. Leroy Hippensteel , ~x~~r Deputy Sheriff of Cunberland County, Pennsylvania, who being duly sworn according to law, says, that he served the within Complaint in Civil Action G. Robert Little, M.D.: and Ors. Edward, uporstoner. Little and BaeT t/d/h/a the defendant, at Family Practice Assoc. p .M. ~lfR I EDST, on the 04 day of April Law and Not ice 1:35 o'clock , 19..!lA.at 1900 Bridge Street. New Cumberland , Cunberland County, Pennsylvania, by handing to Lisa Kochenour. Medical Assistant And adult in ~hRTOP a true and attested copy of the Complaint in Civil Action Law and Notice and at the same time directing her attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs: DoCketing Service Affidavit Surcharge 26.00 9.52 So answers: rf)?--e<~~ R. Thomas Kline, Sheriff 8.00 43.52 Pd. by Atty. 4-05-94 by ;#L:;k .f7 /~J-~/;r puty S riff Sworn and subscribed to before Ire this S ~ day of I/.j',..f 19 "y A.D. Cj 1" r: 71l.u.;~ Prothonotary t&trq, , "."( . ~::'i~i~~~'~I~~"Yi;';^:o_''':'- ..;.,.~ft.,_";:r;;~-~:._;~,~_ "~t;.~~-~~t:~JI,~ '': . THOMAS. THOMAS. HAFER IY: Peter J . Curry, E.qulre IDENTIFICATION NO.: 16622 301 North F.onl 8""1 P. O. Boll "' H8rrilbu... PA 17108 (7171 21107837 Altoll18Y 10. Oefendlnta ELEANOR SOSNAK and ANDREW SOSNAK, her husband, Plaintiffs v. G. ROBERT LITTLE, M.D.; and DRS. EDWARD, STONER, LITTLE AND BAER t/dlb/a FAMIL Y PRACTICE ASSOC., Defendants AND NOW this ~. I I / : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA ~ . . . . : No. 94-1591 . . : CIVIL ACTION - LAW . . . . . . : JURY TRIAL DEMANDED ORDER \ ?~ {to. day of ~ , 1994, In accordance wIth the attached Stipulation of Counsel, It is hereby ordered and decreed that the caption of this action be amended from: ELEANOR SOSNAK and ANDREW SOSNAK, her husband, Plaintiffs v. G. ROBERT LITTLE, M.D.; and DRS. EDWARD, STONER, LITTLE AND BAER t/d/b/a FAMIL Y PRACTICE ASSOC., Defendants to: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA . . . . : No. 94-1591 . . : CIVIL ACTION. LAW . . : . . : JURY TRIAL DEMANDED .'. 116. II~ l:~ 1/ [I A~'1 .- ", ELEANOR SOSNAK and ANDREW SOSNAK, her husband, PlaIntIffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA . . . . v. : No. 94.1591 . . G. ROBERT LITTLE, M.D.; and FAMIL Y PRACTICE ASSOCIA TES INC. OF NEW CUMBERLAND, Defendants : CIVIL ACTION - LA W . . . . : JURY TRIAL DEMANDED and the prothonotary Is hereby directed to make note of thIs amendment on the docket. J. o THOMAS. THOMAS & HAFER BY: Poter J. Curry, Esquire IDENTIFICATION NO.: 16622 308 North Front Streit P. O. 80. II. Her~oburg. PA 1710e 17171 285-7e37 Attorney tor Defendant. ELEANOR SOSNAK and ANDREW SOSNAK, her husband, Plaintiffs v. G. ROBERT LITTLE, M.D.; and DRS. EDWARD, STONER, LITTLE AND BAER t/dlb/a FAMIL Y PRACTICE ASSOC., Defendants '" ~ . ' t ; .I, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA . . : : No. 94-1591 . . : CIVIL ACTION - LAW . . . . . . : JURY TRIAL DEMANDED STIPULA TION AND NOW comes the parties to the above-captioned matter, through their undersigned attorneys, to agree and stipulate to the amendment of the caption of this actIon (rom: ELEANOR SOSNAK and ANDREW SOSNAK, her husband, Plaintiffs v. G. ROBERT LITTLE, M.D.; and DRS. EDWARD, STONER, LITTLE AND BAER t/d/bla FAMIL Y PRACTICE ASSOC., Defendants to: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA . . . . : No. 94-1591 : : CIVIL ACTION - LA W . . . . : : JURY TRIAL DEMANDED . ." .... ._q... .,~". .'~"'. .' . .. ~ ~ << . . ELEANOR SOSNAK and ANDREW SOSNAK, her husband, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA . . . . v. : No. 94-1591 . . G. ROBERT LITTLE, M.D.; and FAMIL Y PHYSICIAN ASSOCIA TES INC. OF NEW CUMBERLAND, Defendants : CIVIL ACTION - LA W . . . . . . ~ i' f' l :"';- _;f"-,<,'--~ " CERTlFICA TE OF SERVICE I, Peter J. Curry, Esquire, do hereby certify that I served the within STlPULA TlON AND ORDER by depositing a copy of the same In the UnIted States Mall, postage prepaid, at Harrisburg, PennsylvanIa, addressed to: Terry Hyman, Esquire ANGINO & ROVNER 4503 North Front Street Harrisburg, PA 1711 0 THOMAS, THOMAS & HAFER L#k.-/~(~Z ~~. r. ' 305 North ~ ont Str, :yw P. O. Box 999 Harrisburg, PA 17108 1.0. No. 16622 Attorneys for Defendants DA TED: II tl~ 1f . . ~ ~ ~ ti ~~~m~ ts 'il !Z g: ~ Ei .. Ii! .. " ~Q ;0.," 0 a: ~ E~~~ S! 0 ~ it g-~~ ~ ~ M ~ . THOMAS. THOMAS & HAFER BY: Peter J. Curry. Esquire IDeNTIFICATION NO.: 16622 308 Nonh F,onlSllell p, O. Bo. 8.. He,rilburg, PA 1710a 171712815-7837 A"orney 10' Defendants ELEANOR SOSNAK and ANDREW SOSNAK, her husband, PlaIntIffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA . . . . v. : No. 94-1591 : G. ROBERT LITTLE, M.D.; and FAMIL Y PRACTICE ASSOCIA TES INC. OF NEW CUMBERLAND, Defendants : CIVIL ACTION - LA W : : : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Eleanor Sosnak and Andrew Sosnak, Plaintiffs and Terry Hyman, Esquire, their attorney You are hereby given notice to plead to the within New Matter within twenty (20J days of servIce hereof or a default judgment may be entered agaInst you. DA TED: M Mar 19~tj -~-'''''' , ..,....-- THOMAS. THOMAS & HAFER BY: Peter J. Curry. Esquire IDENTIFICATION NO,: 16622 308 Nonh Front Strttt P. D, Box 888 Horn.burg, PA 17108 17171255-7837 Attorney lor Defendants ELEANOR SOSNAK and ANDREW SOSNAK, her husband, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA . . . . v. : No. 94-1591 . . G. ROBERT LITTLE, M.D.; and FAMIL Y PRACTICE ASSOCIA TES INC. OF NEW CUMBERLAND, Defendants : CIVIL ACTION - LAW . . . . : JURY TRIAL DEMANDED ANSWER WITH NEW MA TTER OF THE DEFENDANTS TO PLAINTIFFS' COMPLAINT AND NOW come the Defendants, G. Robert Little, M.D. and Family Practice Associates Inc. of New Cumberland, through their attorneys, Thomas, Thomas & Hafer, to answer Plaintiffs' Complaint as follows: 1 - 2. The averments contained In Paragraphs 1 and 2 of Plaintiffs' Complaint are admitted. 3. The averments contained in Paragraph 3 of Plaintiffs' Complaint are denied as stated. It is admitted that the Defendant, Family Practice Associates, Inc. of New Cumberland, employed Dr. Little during the period of time In questIon. It Is further admitted that any nurses, staff or physicians who were involved In the care, diagnosis or treatment of Mrs. Sosnak, during the period of time In questIon, were also agents, servants or employees of the Defendant, Family Practice Associates Inc. of New Cumberland. 4. The averments contained In Paragraph 4 of PlaIntiff's ComplaInt are denIed as stated. Dr. LIttle began seeing Mrs. Sosnak on or about August " 1988. It Is admitted that she had been a patient of the practice prior to that date. 5. The averments contained In Paragraph 5 of Plaintiff's Complaint are denIed as stated. Please refer to Paragraph 4 above, which Is Incorporated herein by reference. By way of further response, It Is admitted that subsequent to August 1, 1988, Dr. LIttle saw Mrs. Sosnak on multiple occasions. The reasons for this contact are set forth In the relevant medical records, which are Incorporated herein by reference as If set forth at length. Finally, it is admitted that Dr. Little was familiar with Mrs. Sosnak's medical history, etc., as set forth in the relevant medical records, which have been Incorporated herein by reference. 6. The averments contained In Paragraph 6 of Plaintiff's Complaint are denied. It Is specifically denied that Dr. Little began prescribing non-steroidal, antI- Inflammatory medication (NSAIDs) for Mrs. Sosnak. On the contrary, upon Information and belief this medication was begun by Dr. Matlin In January of 1989. It Is admitted that Dr. Little subsequently prescribed NSAIDs for Mrs. Sosnak. Furthermore, It Is denied that Mrs. Sosnak reported the use of over-the-counter NSAIDs to Dr. Little at that time. Finally, although It Is admitted that Mrs. Sosnak continued to use NSAIDs over the years, the responding Defendants are without sufficIent knowledge or Information sufficient to either admit or deny that her use "Intenslfled over the years". Pursuant to the Pennsylvania Rules of CIvil Procedure saId averments are therefore denIed and proof thereof Is demanded at the tIme of trIal. 7. The averments contained In Paragraph 7 of Plaintiff's Complaint are denIed as stated. It Is admitted that the complaints reported by Mrs. Sosnak on March 25, 1991, and prior thereto, are as set forth In the relevant medIcal records, whIch are Incorporated herein by reference. 8. Upon Information and belief the averments contained In Paragraph 8 of Plaintiff's Complaint are denied. 9. The averments contained in Paragraph 9 of PlaIntiff's ComplaInt are denIed as stated. It Is admItted that on May 18, 1992, Mrs. Sosnak complaIned of, among other thIngs, pain under her right breast, nausea from pain pills, and "very bad" back paIn. It Is further admitted that Dr. Little suspected pylorIc ulcer, whIch was subsequently confirmed by UGI examination performed by a radiologist on or about May 23, 1992. 10. The averments contained In Paragraph 10 of Plaintiffs' Complaint are denIed as stated. It is admitted that Motrin is an NSAIDs and that It can cause ulceration of the stomach or gastrointestinal tract. It is further admitted that aspirin and Excedrln, although not NSAIDs, can also cause ulceration. It Is denied that Para fan Forte Is an NSAIDs and that it causes ulceration. 11. The averments contained in Paragraph 11 of Plaintiff's ComplaInt are denied as stated. It is admitted that Dr. Little diagnosed Mrs. Sosnak's ulcer and that, on or about June " 1992, he prescribed Motrln for her. In a/l other respects the averments contained In Paragraph 11 of Plaintiff's Complaint are denied and proof thereof Is demanded at the time of trial. 12. The averments contained In Paragraph 12 of Plaintiff's ComplaInt are denied as stated. It Is admitted that on or about June " 1992, Dr. Little was aware of Mrs. Sosnak's use of Motrln. It Is further admitted that Dr. LIttle dId not dIscontInue the use of Motrln. In all other respects the averments contaIned In Paragraph 12 of Plaintiff's Complaint are denied and proof thereof Is demanded at the time of trial. 13. The averments contained in Paragraph 13 of PlaIntiff's Complaint are admitted in part and denied in part. It Is admitted that on or about November 10, 1992, Mrs. Sosnak reported right upper quadrant abdominal/thoracIc pain that had become so severe that she could not sleep. It is further admitted that at that time she reported that she continued to take Motrin and Excedrin as needed. Although Dr. LIttle assumes that between June " 1992, and November of 1992, Mrs. Sosnak would have taken Motrln pursuant to his prescription, he is without sufficient knowledge or Information to either admit or deny the remaining averments contained in Paragraph 13 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. ,;:: ;rO,., ,...:' .,'-",,, n . , , ~ l- I J J. "",. ,.~ 74. The averments contained In Paragraph 74 of Plaintiff's ComplaInt are denIed as stated. It Is admitted that on or about November 70, 7992, Mrs. Sosnak's hemoglobin and hematocrit were slightly lower than they had been previously. It Is also admitted that Dr. Little did not change his prescription for Motrin. In all other respects the averments contained In Paragraph 74 of PlaIntiff's Complaint are denied and proof thereof Is demanded at the tIme of trial. 75 - 79. The responding Defendants are without knowledge or Information sufficient to either admit or deny the averments contained In Paragraph 75 of PlaIntiffs' 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 - 27. The averments contained in Paragraphs 20 and 2 7 of PlaIntiffs' 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. 22. The averments contained in Paragraph 22 of Plaintiffs' 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. Furthermore, the responding Defendants believe and therefore aver that at all times relevant hereto Dr. Little acted in accordance with the required standards of medIcal care. . ,,;.. ,,,,,,,..,_~,c -., --~--- "~~"h'F~"f:"'::':;'\1.o~:~SG~JP~~,>~~~t~~;&'i~_:~' .."..'<:j';:':',y/-'~p,'::;;- WHEREFORE, the responding Defendants demand judgment In their favor and against Plaintiffs. NEW MA TTER By way of further answer to Plaintiff's Complaint the respondIng Defendants offer the following New Matter: 23. Upon Information and belief the responding Defendants contend that Plaintiff's alleged Injuries and/or damages are due in whole or In part to the negligence and/or contributory negligence of the Plaintiffs. WHEREFORE, the responding Defendants respectfully request that Plaintiffs' claims be dismissed and judgment entered In their favor. THOMAS,-" / 3 North Front Street . O. Box 999 Harrisburg, PA 17108 I.D. No. 16622 DA TED:,q1 iI~ 1t?~'I' Attorneys for Defendants '. ~~",-,....,,,....-.;:,,.p"-".~~.'~ .-...,. ~.~..-..,,_....,.- . VERIFICA TION I, G. Robert Little, 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 bel/ef. 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 aI/ 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. ~rtiY. G. ROBERT LITTLE, M.D. DA TED: . CERTIFICA TE OF SERVICE I, Peter J. Curry, Esquire, do hereby certify that I served the wIthIn ANSWER WITH NEW MA ITER TO PLAINTIFFS' COMPLAINT by depositIng a copy of the same In the United States Mail, postage prepaid, at Harrisburg, PennsylvanIa, addressed to: Terry Hyman, Esquire ANGINO & ROVNER 4503 North Front Street Harrisburg, PA 17110 DA TED: /f~ ;tt~ /f~1 ~ ~ .::t' Q - - (0 ....... - ~ .. :;.:: '- --: ,., r+;:.~ .fL I'" I'. ..::- '- '. ..-.) :; (,.~ --l ~ '" ~c..i~m~ ;'l~g:~ ~ .. IX ~ 1:)' ~ r~ ~ ~ s: 0 a: a: a"~ ~ ~ ~ M , - . .": \' ',- t'':':' ........-:--.# ~ , , ( ~ r , ,. '. - - ELEANOR SOSNAK AND ANDREW SOSNAK, Her Husband, Plaintiffs IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . CIVIL ACTION - LAW NO. 94-1591 v. . . . . G. ROBERT LITTLE, M. D.; and ORB. EDWARD, STONER, LITTLE AND BAER t/d/b/a FAMILY PRACTICE ASSOC., Defendants . . . . . . JURY TRIAL DEMANDED PLAINTIFFS PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE DEFENDANTS' NEW MATTER AND/OR FILE A MORE SPECIFIC PLEADING 1. Pa. R.C.P. lOl9(a) requires that the material facts upon which a cause of action or defense is based shall be stated in concise and summary form. 2. Defendants' New Matter, paragraph 23 attempts to raise the affirmative defense of contributory negligence by stating: "Upon information and belief, the responding Defendants contend the alleged injuries or damages were due in whole or part to the negligence and/or contributory negligence of the Plaintiffs." 3 . Defendants do not identify the nature of the conduct, the date of the conduct, nor even which of the Plaintiffs engaged in the conduct which Defendant claims to be negligent and contributing to Plaintiff's alleged injuries, nor any material fact upon which the affirmative defense of comparative or contributory negligence is based. 463911HHP .~~ . '......-,.~,.;. .'.,...-- ~"" ,..!,'._,....~..'-"--.~ ..~..".,...,.. ,.,--,-....-.....- .I' '- .. - WHEREFORE, Plaintiffs pray Your Honorable Court will either strike Defendants' New Matter or require Defendants to file a more specific pleading thereto. ANGINO & ROVNER, P.C. - . ""''''''';~''''':''''''C " :,,'..,.,,~....~,...._., . -",,'.," .,..... ."-.,.,-,-, .,. . .. .,...~...._,,.. ,. ~ .. ... CBRTI~ICATB O~ SBRVICB I, Michelle M. prucnal, an employee of the law firm of Angino & Rovner, P.C., hereby certify that a true and correct copy of the foregoing PLAINTIFFS PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE DEFENDANTS' NEW MATTER AND/OR FILE A MORE SPECIFIC PLEADING was served upon the following person by first-class united States mail, postage prepaid on June 2, 1994, as follows: Peter J. Curry, Esquire THOMAS, THOMAS & HAFER 309 North Front Street P.O. Box 999 Harrisburg, PA 17108 -1J1~l rrn, (Jw~ Michelle M. prucnal lm~ ___~......,,_.. "'..."". .~ _c,_ ,-,-. ,~.. -<...~._".",....-,,--.-,,-,-,..~,.>>~- t,'"1'"-.~"" ~~~:..... -:::r ~ >->- ..r.-",_ -~~.: ~~~~-~:~ -::, (' .... ~r:l" :x: C1- ;:. ('J '. " C;:) % => -, L' - ., .. r" Prothon. -8 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) ~ . TO THE PROTHONOTARY: Please list the within matter for the next: (see local rule of court #6 for prDper forum) CJ GJ (Check one) Pre-Trial Argument Court Argument Court - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CAPTION OF CASE (Plaintiff) ELEANOR SOSNAK and ANDREW SOSNAK, Her Husband (ENTIRE CAPTION MUST BE STATED IN FULL) \;-'. '- <: "" crJ vs. " f"V (Defendant) G. ROBERT LITTLE, M.D.; DRS. EDWARD, STONER, LITTLE AND BAER t/d/b/a FAMILY PRACTICE ASSOC., '~_~ \ t~ :~; ~ .. ...-., -0 i'. . :.~~ I~ :w: . ,- -' -.. - -cj LO .c. vs. No. 94-1591 19 - 1. State matter to be argued (i,e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs' P~elimioary Obiection lo,thelNature of a Motion to Strike Defendants' New Matter anu/or ~lle a M~re Spec tlC P eadlng 2. Identify counsel who will argue case: (a) for plaintiff(s): Terry S. HYman. Esouire (b) for Defendant(s): Peter J. Curry, ESQuire (c) for other(s): 3. I will notify all parties in writing within two days that this case has been listed for argument. Dated: 6/3/94 cc: Peter J. Curry, Esquire Plaintiff Defendant Other THOMAS, THOMAS &. HAFER BY' Peter J. Curry, Esquire IDENTIFICATION NO., 16622 30& North Fronl StrOll P. O. 80. 188 Harrl.burg, PA 1710S \7171 2&&-7837 Allorn.y lor Defendants ELEANOR SOSNAK and ANDREW SOSNAK, her husband, PlaIntiffs v. G. ROBERT LITTLE, M.D.; and FAMIL Y PRACTICE ASSOCIA TES INC. OF NEW CUMBERLAND, Defendants . : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA . . . . : No. 94-1591 . . : CIVIL ACTION - LAW . . . . : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Eleanor Sosnak and Andrew Sosnak, Plaintiffs and Terry S. Hyman, Esquire, their 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: 10 Ja-u- /f9'1 THOMAS, THOMAS & HAFER 305 orth Front Street P. O. Box 999 Harrisburg, PA 17108 I.D. No. 16622 Attorneys for Defendants 24. Based upon allegations set forth in Plaintiffs' ComplaInt it is believed . THOMAS, THOMAS & HAFER BY: Petsr J . Curry. Esquire IDENTIFICATION NO,: 16622 30& North Front Bt..lt P. O. Box 888 Hllrioburg, PA 1710a 17171 26&-7837 AlIornlV lor Osfendants ELEANOR SOSNAK and ANDREW SOSNAK, her husband, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA . . . . v. : No. 94-1591 . . G. ROBERT LITTLE, M.D.; and FAMIL Y PRACTICE ASSOCIA TES INC. OF NEW CUMBERLAND, Defendants : CIVIL ACTION - LA W . . : : JURY TRIAL DEMANDED DEFENDANTS' AMENDED NEW MA TTER PURSUANT TO PA. R. C. P. NO. 702B{cJ(7j By way of further response to Plaintiffs' Complaint the Defendants offer the following New Matter. 23. Based upon allegations set forth In Plaintiffs' Complaint It Is believed and therefore averred that during the period of time In question Plaintiff-wife self- prescribed certain "over-the-counter" medications and increased their usage over the years. and therefore averred that said over-the-counter medications Included aspirin, Excedrln and possibly others. ., 25. Contrary to the allegations set forth In PlaIntiffs' ComplaInt, PlaIntiff- wife dId not Inform Dr. LIttle that she was using saId over-the.counter medicines extensively, that she was IncreasIng her use of said medicatIons or that she was IntensifyIng her use of said medications. Kindly refer to Paragraph 6 of Defendants' Answer to Plaintiffs' Complaint, which Is Incorporated herein by reference as If set forth at length. 26. Upon Information and belief It Is averred that said over-the-counter medIcations, when purchased by Plaintiff-wife, had Instructions and/or dIrections and/or warnings regarding their use on and or with the package. 27. Based upon the foregoing, the responding Defendants believe and therefore aver that Plaintiff-wife was negligent or contributory negligent In the following respects: a) Using self-prescribed over-the-counter medications wIthout reading the product package Instructions and/or directions and/or warnings; b) Using self-prescribed over-the-counter medications while disregarding the product package Instructions and/or directions and/or warnings; c) Using self-prescribed over-the-counter medications In a manner contrary to that recommended by the manufacturer; d) Failing to advise her treating physicians of the extent to which she was using self-prescribed over-the-counter medications; ;.',,,";~'._-.'- - "~~,,~,!,.,,,,:::,,:~ .-- );",," . eJ Such other acts of negligence or contributory negligence as may be determined through discovery. WHEREFORE, the responding Defendants respectfully request that Plaintiffs' claims be dismissed and Judgment entered In their favor. 305 orth Front Street P. O. Box 999 Harrisburg, PA 17108 I.D. No. 16622 Attorneys for Defendants DATED:/O~ I~r;c; ~"'.;"!"";'I"'':''\i''~''l>f_~N. VERIFICA TION I, Peter J. Curry, Esquire, have read the foregoIng AMENDED NEW MA ITER 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 aI/ 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. ( DA TED: /0 kl4. I f( tfV . CERTIFICA TE OF SERVICE I, Peter J. Curry, Esquire, do hereby certify that I served the wIthIn AMENDED NEW MA TTER TO PLAINTIFFS' COMPLAINT by depositing a copy of the same In the UnIted States Mall, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Terry Hyman, Esquire ANGINO & ROVNER 4503 North Front Street Harrisburg, PA 17110 / THOMAS, ,/ , By A 305 Nor. ront P. O. Box 999 Harrisburg, PA 17108 1.0. No. 16622 Attorneys for Defendants DA TED:/t) kIU. 19t1y , 0, ~, - 'l:. .>- - -...- - .... ., r-- .... ;'1 , - - ,..., 1..6. "" ~ ~ " - ~t ~ _! ~ ~ ~ ~ e I.-~ ~ ~ ~ '" 0 ~~ ~ ~ ~ " . . .. .. .. " o lD cS a: lD o E if .; a: ~ lD In it a: " % \,- {...-,-~ ., ~ ~ . '-, ,. ELEANOR SOSNAK AND ANDREW SOSNAK, Her Husband, plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-1591 . . . . . . v. . . . . G. ROBERT LITTLE, M.D.; and DRS. EDWARD, STONER, LITTLE AND BAER t/d/b/a FAMILY PRACTICE ASSOC., Defendants . . . . . . : JURY TRIAL DEMANDED PLAINTIFFS REPLY TO DEFENDANTS' NEW MATTER 23-24. The allegations are denied as stated. Admitted that Plaintiff did use over-the-counter medications which she made known to, and received approval from, her physician, Defendant Little. Any increased usage was, likewise, known and approved by the Defendant. 25. Denied as stated. Plaintiff did inform her physician of her use of the medications and answered each and every question posed to her by her physician concerning their use. Any omissions were the product of Defendant's failure to ask sufficient questions in providing care to the client. 26. Admitted that all medication does contain warnings and instructions. Denied that the instructions on the medication used by Mrs. Sosnak are relevant to the case or were not followed by Plaintiff. 27(a)-(d) The allegations herein are denied as conclusions of law to which no response is necessary. By way of further response, 47144/HHP , " ....... ';:(~'<~"'::';'"'~h::::-;::,~,:~:;-:;,~;;~~;tr::0j~~~'~~:'{.;,:,~:;"'!t~!i.;/N'\~:{~;$~';#,~i'~'i:~j:;r,~;,f;:.~{m'f.f:i:~~';..~,~ '{;'~~~" ,<<"~" ,:,.-,.' '1Inl_"",,i<~ ..... . at no time did Plaintiff ignore or misuse the medications nor did she fail to advise her physician of their use or answer any questions regarding the extent of usage. 27(e) This allegation is overbroad and incapable of answer. Defendant fails to provide any material fact upon which the asserted defense is based. ANGINO & ROVNER, P.C. _._/~ /;efrfs I.D. 4503 N. Front street Harrisburg, PA l7110 (717) 238-679l Counsel for Plaintiff Esquire ..... . COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN . . : SSe I, TERRY S. HYMAN, ESQUIRE, being duly sworn according to law, deposes and states that I am counsel for Plaintiffs, that I am authorized to make this Affidavit on behalf of said Plaintiffs, and that the facts set forth in the foregoing Plaintiffs Reply to New Matter, are true and correct to the best of my knowledge, information and belief. Sworn to and subscribed before me this /5fl) day of ~, 1994. e .r(Y)IJ h~Llt '1n . L fMJ.... Notary Public My Commission Expires: NoIanal 50.11 Mdlel'1O M. PnK1\.:\I. t Jo:my Ptl~~ Monnc T\'_p, Cl~n:bl'f~'i,.,d Cn/my MI CUIll-n:~.~': Ey;~:: ~ \..', 1', ~ !,,}~ F,----;~.--- - . '5 ,. . CERTI.ICATE O. SERVICE I, Michelle M. Prucnal, an employee of the law firm of Anqino & Rovner, P.C., hereby certify that a true and correct copy of the foreqoinq PLAINTIFFS RESPONSE TO DEFENDANTS' NEW MATTER was served upon the followinq person by first-class United States mail, postaqe prepaid on June l5, 1994, as follows: Peter J. Curry, Esquire THOMAS, THOMAS & HAFER 309 North Front Street P.O. Box 999 Harrisburg, PA l7l0B " mill ('JJ.f 1(1 . ~ JJ Uv.i. Michelle M. Prucnal a; .,...,.. ,'<..... ~~;f~~ ':.~. -;:. ~;, - '7' - - ".- "" ," c-J: ,- .-;:.... ~~ ".'-; ':~'<l r- - '" "" -- ~... ,';1 ... " ,. ""~,,,,'--,-,._~...(...-,-..';-~, " x. ELEANOR SOSNAK and ANDREW SOSNAK, her husband, Plaintiffs v. G. ROBERT LITTLE, M.D.; and FAMIL Y PRACTICE ASSOCIA TES INC. OF NEW CUMBERLAND, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA . . . . : No. 94-1691 . . : CIVIL ACTION - LA W . . : : JURY TRIAL DEMANDED PRAECIPE TO: Lawrence E. Welker, Prothonotary Kindly mark the above-captioned matter as settled, dIscontinued and ended. DATED: 3//7/9~ i, t.:~. , p.,: ' ~:.':- I:. . ..;~;~7&~lir~~~.):;'~:::L:~~}"',"'; , ,!~~~~fX.":r':;-?",i~'\'\'ft.,,, <;1 '.' .; ~. , ~~*,v;I::t:T~::~,~f,\f~l~lU>:"::~:, i'" ~ ~ - ~>- -, .... ._,.1': ...*&;,:.1..1 ~:r!':;Z 4,.Ot.::., IL :r:O'" ~)~-;r...' 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