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HomeMy WebLinkAbout02-3598DIXIE SNOWDEN, Administratrix of the Estate of HELEN WORTHINGTON, Plaintiff Vo HOLY SPIRIT HOSPITAL Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : NO. /~2- : CIVIL ACTION - LAW '. ; : 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 LOCAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 1-800-990-9108 DIXIE SNOWDEN, Administratrix of the Estate of HELEN WORTHINGTON, Plaintiff Vo HOLY SPIRIT HOSPITAL Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. ' : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED COMPLAINT AND NOW COMES the Plaintiff, DIXIE SNOWDEN, Administrator of the Estate of her mother, HELEN WORTHINGTON, by and through her attorneys, Schmidt, Ronca & Kramer, P.C., and respectfully avers as follows: PARTIES 1. Plaintiff, Dixie Snowden, is an adult individual residing at 5268 Streathmore Drive, Mechanicsburg, PA 17050. 2. Dixie Snowden is the Administratrix of the Estate of Helen Worthington, Letters of Administration having been granted by the Register of Wills of Cumberland County, Pennsylvania, on April 30, 2001. 3. Defendant Holy Spirit Hospital is a Pennsylvania corporation providing medical care services to the public with a principal place of business at 503 North 21st Street, Camp Hill, PA 17011-2288. FACTS 4. On or about April 11,2001, Helen Worthington presented herself at Holy Spirit Hospital with an upper respiratory infection. 5. Dr. James F. Rich determined that Helen had pneumonia and decided to have her admitted to the hospital. 6. Blood tests, done shortly after Helen was admitted, show that Helen is anemic. 7. A gastroenterology consult is scheduled to determine if Helen has internal bleeding. 8. On or about 12:05 a.m. on April 12, 2001, Dr. d. Nagle ordered a blood transfusion for Helen in an effort to stabilize her anemia and to possibly improve her breathing. 9. On or about 8:35 p.m. on April 13, 2001, Helen received the blood transfusion. The blood transfusion that Helen received was type A negative 10. blood. 11. 12. Helen's blood type was O positive. Shortly after the beginning of the transfusion Helen began to have a fever, chills, and dyspnea. 13. Helen received approximately one third of the transfusion before the transfusion was stopped. 14. Helen reacted to the incorrectly typed transfusion by developing hematuria, respiratory distress, and shock. 15. On or about April 14, 2001, Helen's respiratory system went into failure, which required immediate intubation. 16. After Helen was intubated she was transferred to Holy Spirit Hospital's Intensive Care Unit where she was placed on a ventilator. 17. During the day of April 14, 2001, Helen developed multi-system failure, which included gastrointestinal bleeding, liver dysfunction, and renal dysfunction. 2 18. Also on or about April 14, 2001, while on dialysis, Helen developed atrial fibrillation with a rapid ventricular response, which required a cardiology evaluation that included an electrocardiogram. 19. Cardiologist David G. Pawlush, M.D., reported that Helen had suffered a transfusion reaction, that her heart had a very tachycardic rhythm, and that she had multiple bruises. On or about April 15, 2001, Helen's condition was considered 20. critical. 21. On or about April 15, 2001, Helen was bleeding significantly from her IV sites through her bandages as well as her gastrointestinal tract and her rectum. 22. By April 16, 2001, Helen was still having lower gastrointestinal bleeding, was unresponsive, intubated, sedated, and appeared to be in pain. 23. On or about April 17, 2001, Helen's white blood cell count was continuing to increase, prompting an order for more blood tests. 24. On or about April 20, 2001, Helen was still unresponsive and had 'grossly bloody" urine, according to notes written by a staff member in Helen's care record. 25. On or about April 20, 2001, according to Dr. Robert J. Kantor, the results of the April 17 blood tests revealed that Helen was suffering from methicillin-resistant Staphylococcus aureus and sepsis, presumably caused from the lines used for Helen's respiration and dialysis. 26. By April 22, 2001, Helen was unresponsive, had bloody urine, maroon stools, sepsis, and was struggling to breath. 27. On or about April 23, 2001, the Gift of Life Donor program evaluates Helen's condition and determined that she would not be able to donate any of her organs or tissues. 28. A neurology consult on April 23, 2001, found that Helen's brain seemed to be the only organ system likely that was not affected even though she cannot follow simple commands, and that her neurological prognosis was the same as her medical prognosis, which was poor. 29. On April 24, 2001, Helen died. 30. On April 26, 2001, Helen's Death Certificate was issued, which stated that Helen's cause of death was sepsis, poor antibody response, and an allergic reaction to a mismatched blood transfusion. 31. The manner in which Helen Worthington died is listed on her death certificate as ~Therapeutic Misadventure.~ COUNT I - NEGLIGENCE WRONGFUL DEATH/SURVIVAL Estate of Worthington v. Holy Spirit Hospital 32. Para§raphs 1 - 31 are incorporated herein by reference. 33. Decedent Helen Worthin§ton had a provider-patient relationship with Defendant Holy Spirit Hospital, at all relevant times from the date of her emergency room visit and subsequent admission into Holy Spirit Hospital on April 11, 2001 to the time of her death on April 24, 2001. 34. Defendant Holy Spirit Hospital had a duty of care to provide reasonable medical care to Helen Worthington at all relevant times from the date of her emergency room visit and subsequent admission into Holy Spirit Hospital on April 11,2001 to the time of her death on April 24, 2001. 4 35. Defendant Holy Spirit Hospital breached its duty of care to Helen Worthington by the following acts and/or omissions: ao Defendant Holy Spirit Hospital failed to properly test their patients' blood in a safe manner. Defendant Holy Spirit Hospital failed to maintain a proper recording system that would safeguard against the mislabeling of their patients' laboratory specimens. Defendant Holy Spirit Hospital failed to provide a clean, infection free environment that would not cause their patients to come into contact with staphylococcus. 36. The applicable standard of care required Defendant Holy Spirit Hospital to correctly perform the requisite tests, such as blood tests, x-rays, electrocardiograms, to determine the cause of Helen Worthington's pneumonia and to establish her overall condition. 37. As a direct and proximate result of the negligence of Defendant Holy Spirit Hospital, Helen Worthington received a blood transfusion with the wrong type of blood. 38. As a direct and proximate result of the negligence of Defendant Holy Spirit Hospital, Helen Worthington had a severe allergic reaction to having the wrong blood transfused. 39. As a direct and proximate result of the negligence of Defendant Holy Spirit Hospital, Helen suffered from Staphyllcoccus induced sepsis from lines used for her respiration and dialysis. 40. As a direct and proximate result of the negligence of Holy Spirit Hospital, which caused a multi-systemic failure of Helen's body systems, Helen Worthington lost a substantial chance of survival. 41. As a direct and proximate result of the negligence of Defendant Holy Spirit Hospital, Helen Worthington underwent intubation, dialysis, sedation, and death. 42. Plaintiff Dixie Snowden, brings this action on behalf of the survivors of the Decedent under and by virtue of the Wrongful Death Act, 42 Pa. C.S. § 8301. 43. Plaintiff Dixie Snowden claims damages of the Defendant Holy Spirit Hospital, under and by virtue of the Pennsylvania Wrongful Death Act for the loss of companionship, services, support, and contribution of the Decedent for and during the expectable remainder of her life. 44. Plaintiff Dixie ~nowden is the daughter of the Decedent and was duly appointed Administratrix of the Estate by the Register of Wills of Cumberland County, Pennsylvania, on April 30, 2001. 45. Plaintiff Dixie 8nowden further demands damages for all other economic losses suffered by the Decedent's survivors, including medical expenses, funeral expenses, and other expenses reasonably associated with the Decedent's death. 46. Plaintiff Dixie Snowden brings this action on behalf of the estate of the Decedent under and by virtue of the Survival Act, 42 Pa. C.S. § 8302. 47. Plaintiff Dixie Snowden claims damages for the Decedent herein for the psychic value of the Decedent's life expectancy and enjoyment of life which was cut short by this incident. WHEREFORE, Plaintiff, Dixie Snowden, as Administratrix of the Estate of Helen Worthington, demands judgment of Defendant Holy Spirit Hospital in an amount in excess of the amount requiring compulsory arbitration. COUNT IV - CORPORATE NEGLIGENCE WRONGFUL DEATH[SURVIVAL Estate of Worthington v. Holy Spirit Hospital 48. Paragraphs 1 - 47 are incorporated herein by reference. 49. Defendant Holy Spirit Hospital, is additionally negligent as a corporation for its own acts or omissions which violate the proper standard of medical care owed to a patient which is to ensure the patient's safety and well- being. 50. Accordingly, Defendant Holy Spirit Hospital had a duty to select and retain only competent personnel, a duty to oversee all persons it employs who practice medical care, and a duty to formulate, adopt, and enforce adequate rules and regulations and policies to ensure quality care for patients. 51. Defendant Holy Spirit Hospital breached these duties of care and was therefore negligent as a corporation by: Defendant Holy Spirit Hospital failed to properly test their patients' blood in a safe manner. Defendant Holy Spirit Hospital failed to maintain a proper recording system that would safeguard against the mislabeling of their patients' laboratory specimens. Defendant Holy Spirit Hospital failed to provide a clean, infection free environment that would not cause their patients to come into contact with staphylococcus. 52. The applicable standard-of-care required Defendant Holy Spirit Hospital to correctly perform the requisite tests, such as blood tests, x-rays, electrocardiograms, to determine the cause of Helen Worthington's pneumonia and to establish her overall condition. 7 53. As a direct and proximate result of the negligence of Defendant Holy Spirit Hospital, Helen Worthington received a blood transfusion with the wrong type of blood. 54. As a direct and proximate result of the negligence of Defendant Holy Spirit Hospital, Helen Worthington had a severe allergic reaction to having the wrong blood transfused. 55. As a direct and proximate result of the negligence of Defendant Holy Spirit Hospital, Helen suffered from Staphyllcoccus induced sepsis from lines used for her respiration and dialysis. 56. As a direct and proximate result of the negligence of Holy Spirit Hospital, which caused a multi-systemic failure of Helen's body systems, Helen Worthington lost a substantial chance of survival. 57. As a direct and proximate result of the negligence of Defendant Holy Spirit Hospital, Helen Worthington underwent intubation, dialysis, sedation, and death. 58. Plaintiff Dixie Snowden, brings this action on behalf of the survivors of the Decedent under and by virtue of the Wrongful Death Act, 42 Pa. C.S. § 8301. 59. Plaintiff Dixie Snowden claims damages of the Defendant Holy Spirit Hospital, under and by virtue of the Pennsylvania Wrongful Death Act for the loss of companionship, services, support, and contribution of the Decedent for and during the expectable remainder of her life. 60. Plaintiff Dixie Snowden is the daughter of the Decedent and was duly appointed Administratrix of the Estate by the Register of Wills of Cumberland County, Pennsylvania, on April 30, 2001. 8 61. Plaintiff Dixie Snowden further demands damages for all other economic losses suffered by the Decedent's survivors, including medical expenses, funeral expenses, and other expenses reasonably associated with the Decedent's death. 62. Plaintiff Dixie 8nowden brings this action on behalf of the estate of the Decedent under and by virtue of the Survival Act, 42 Pa. C.S. § 8302. 63. Plaintiff Dixie Snowden claims damages for the Decedent herein for the psychic value of the Decedent's life expectancy and enjoyment of life which was cut short by this incident. WHEREFORE, Plaintiff, Dixie Snowden, as Administratrix of the Estate of Helen Worthington, demands judgment of Defendant Holy Spirit Hospital, M.D., in an amount in excess of the amount requiring compulsory arbitration. Dated: Respectfully submitted, SCHMIDT, RONCA/k KRAMER~ P.C. By: ~sumeS R. Ronca, Esquire preme Ct. I.D. #25631 209 State Street Harrisburg, PA 17101 (717. 232-6300 Attorneys for Plaintiff DIXIE SNOWDEN, Administratrix of the Estate of HELEN WORTHINGTON, Plaintiff V. HOLY SPIRIT HOSPITAL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-3598 : : CML ACTION - LAW : : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEAIL~kNCE TO THE PROTHONOTARY: PLEASE enter our appearance on bebolf of the defendant, Holy Spirit Hospital, reserving however our rights to answer or otherwise plead.. Date: August 14, 2002 METTE, EVANS & WOODSIDE St~ven D. Snyder,~E~~ Sup. Ct. I. D. #34344 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendant Holy Spirit Hospital CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: James R. Ronca, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 DATE: August 14, 2002 METTE, EVANS & WOODSIDE Steven D. SnYder, ]~quire Sup. Ct. I. D. #34344 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendant Holy Spirit Hospital :302256_1 SHERIFF'S RETURN CASE NO: 2002-03598 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SNOWDEN DIXIE ET AL VS HOLY SPIRIT HOSPITAL GERALD WORTHINGTON Cumberland County,Pennsylvania, says, the within COMPLAINT & NOTICE HOLY SPIRIT HOSPITAL - REGULAR Sheriff or Deputy Sheriff of who being duly sworn according to was served upon the law, DEFENDANT , at 1130:00 HOURS, on the 31st day of July at 503 NORTH 21ST STREET , 2002 CAMP HILL, PA 17011 by handing to GWYN BINNER, ADMIN SEC a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this 22~' day of ~,,~,~F J~ A.D. ~r6thonotary ' So Answers: R. Thomas Kline 08/01/2002 SCHMIDT RONCA KRAMER Deputy She~2i f f DIXIE SNOWDEN, Administratrix of the Estate of HELEN WORTHINGTON, Plaintiff V. HOLY SPIRIT HOSPITAL Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-3598 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR SUBSTITUTION OF COUNSEL TO THE PROTHONOTARY: PLEASE withdraw my appearance for the defendant, Holy Spirit Hospital. §~ve~D.-~ny~]~, Es6tfire PLEASE enter my appearance on behalf of the defendant, Holy Spirit Hospital. METIerS: WOODSIDE By:Craig ~. S/t/o~p, L~quire Sup. CitED. lqo'/15907 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone Attomeys for Defendant Date: February 26, 2004 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: James R. Ronca, Esquire Schmidt, Ronca & Kramer, P.C. 209 State Street Harrisburg, PA 17101 METTE, EVANS & WOODSIDE K for Craig A. Stone, Esquire Sup. Ct. I.D. No. 15;907 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Defendant 392440vl DIXIE SNOWDEN, Administratrix of the Estate of HELEN WORTHINGTON, Plain tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. d.<:>O;V o'>SC\B CIVIL ACTION - LAW HOLY SPIRIT HOSPITAL Defendant JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO: Prothonotary Please mark the above-captioned action as settled, discontinued and ended with prejudice as to Defendant, Holy Spirit Hospital. Respectfully submitted, By: SCHMIDT ( ~~' 2~9 ;::~reet Harrisburg, PA 17101 (717. 232-6300 Dated: January 13, 2005 Attorneys for Plaintiff CERTIFICATE OF SERVICE AND NOW, I, Beth E. Steever, an employee of the law firm of Schmidt, Ronca, & Kramer, P.C., hereby certify that I have served a true and correct copy of the foregoing Praecipe to Discontinue by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Craig Stone, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mills Road Harrisburg, PA 17110 Dated: January 13, 2005 :?t#J t f:tuAJ(A Beth E. Steever ~-:~ () -;1 :~-J ;iliJ] c..n '- ,. :.;;:: (..~, co T