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Home My WebLink About94-06564 ~. .- E ~, 3 <3 -j ~ cl ? ....E: '.'0 ~ j ~ ~ \() ~ DOW CORNING WRIGHT CORPORATION (701) 5677 Airline Road P.O. Box 100 Arlington, TN 38002 and WILLIAM GRAHAM, M.D. 816 Belvedere Street Carlisle, PA 17013 and AESTHETIC & RECONSTRUCTIVE SURGERY OF CENTRAL PA, P.C. 816 Belvedere Street Carlisle, PA 17013 and HERSHEY MEDICAL CENTER P.O. BOX 850 HERSHEY, PA 17033 and JANE/JOHN DOE LAW OFFICES SHELLER. LUDWIG. BADEY COURT APPROVED SHORT FORM COMPLAINT 1. Plaintiff is MARIA POHERS, an adult woman who resides at the following address: 1734 N. Whitehall Road Norristown, PA 19403 I. DEFENDANT MANUFACTURERS, DISTRIBUTORS, COMPONENT PARTS SUPPLIERS AND RELATED COMPANIES The following entities, identified in Plaintiffs' Fourth Amended Master Complaint, are named as defendants herein, and the allegations with regard to these entities as set forth in Paragraph Nos. 2 through 68 of said Fourth Amended Master Complaint are hereby adopted and incorporated by reference as if fully set forth herein: Defendant Manufacturers 1. Dow Corning Corporation 2. Dow Corning Wright Corporation Other 1. John/Jane Doe II. DEFENDANT HEALTH CARE PROVIDERS The following health care providers are named as defendants herein: 1 LAW OFFICES SHELLER. LUDWIO , BADE V 1. William Graham, M.D., 816 Belvedere St., Carlisle, PA 17013, (hereinafter referred to as "Defendant Doctor"). 2. Aesthetic and Reconstructive Surgery of Central PA, P.C., 816 Belvedere St., Carlisle, PA 17013, (hereinafter referred to as "Defendant Doctor's Group" ) . 3. Hershey Msdical Center, P.O. Box 850, 17033, (hereinafter referred to as Hospital"). Hershey, PA "Defendant III. CASE SPECIFIC INFORMATION 1. The specific implant products used in Plaintiff's medical treatment, including the name of the manufacturers, brand numbers, lot numbers and catalogue numbers, to the best of Plaintiff's knowledge, were: a. Dow Corning, 245 cc. , Low Profile, (hereinafter referred to as the "Implants"). 2. For each procedure in which an implant was either inserted or removed, the date of Plaintiff's surgery, the name and address of Plaintiff's surgeon, and the name and address of the hospital/clinic where Plaintiff's surgery was performed, to the extent reasonably known to Plaintiff, is as follows: a. The Implants were inserted on April 27, 1985, by William Graham, M.D., 816 Belvedere St., Carlisle, PA 17a13, of Aesthetic and Reconstructive Surgery of Central PA, P.C., 816 Belvedere St., Carlisle, PA 17013, at Hershey Medical Center, P.O. Box 850, Hershey, PA 17033. 2 LAW OFFICES SHELLER. LUDW'G . BADEV 3. At all times pertinent hereto, defendant, Aesthetic and Reconstructive Surgery of Central PA, P.C., acted by and through its agents, servants, workers, and/or employees, acting then and there in the course and scope of their duties to aid Plaintiff. including but not limited to william Graham, M.D. 4. At all times pertinent hereto, defendant, Hershey Medical Center, acted by and through its agents, servants, workers, and/or employees, acting then and there in the course and scope of their duties to aid plaintiff, including but not limited to William Graham, M.D. IV. INJURIES 1. X Yes No Have the Implants been removed or ruptured? 2. X Yes No Is the Plaintiff raising claims for damages from a disabling disease (as defined in Paragraph No. 3 of Case Management Order No.7) caused by the use of a silicone breast implant? 3. The disabling diseases from which Plaintiff suffers (as defined in Paragraph No.3 of Case Management Order No.7), include, but are not limited to: (a) Atypical neurologic-like disease system; (b) Central nervous-like system disease; (c) Neuromuscular-like junction disease; (d) Inflammatory muscle-like disease; (e) Rheumatoid-like arthritis; (f) Dermatomyositis-like disease; (g) Nonspecific auto-immune condition; (h) Polyarthritis- 3 LAW OFFICES SliElLER, LUDWIG. DACEY like disease; (i) Myalgias; (j) Myalgias-like disease; (k) Chronic fatigue; (1) Alopecin; (m) Sleep disturbances; (n) Dizziness; (0) Colitis or bowel irritability; (p) Persistent low-grade fever; (q) Night sweats; (r) Granulomas; (s) Chronic inflammatory response; (t) Breast infections; (u) Disfigurement; (V) Impairment of the immune system; (w) Complex surgical procedures; (x) Scar tissue capsulation; (y) Auto-immune disease; (z) Auto-immune-like disease; (aa) Memory loss; (bb) Skin discoloration; (cc) Cramping, tingling and/or burning; (dd) Loss of concentration and focus; (ee) Human adjuvant disease; (ff) Anxiety; (gg) Loss of sleep; (hh) Depression; (ii) Psychological and physiological sequelae; (jj) Silicone toxicity syndrome; and (kk) Silicone implant disease. V. CAUSE OF ACTION On the basis of the allegations contained in the Fourth Amended Master Complaint, Plaintiff herein raises the following claims: x Count I - Negligence Against Defendant Yes No Manufacturers X Count III - Strict Product Liability Yes No Against Defendant Manufacturers X Count IV - Breach of Implied Warranty Yes No Against Defendant Manufacturers X Count V - Fraud, Deceit and Yes No Misrepresentation Against Defendant Manufacturers 4 LAW OFFICES SHELLER, LUDWIG. DAOEY x -- Count VIII - Medical Negligence and Yes No Negligent Use of Defective Product Against Defendant Health Care Providers X Count IX - Fraud, Deceit and Yes No Misrepresentation Against Defendant Healthcare Providers X Count X - Lack of Informed Consent Yes No Against Defendant Healthcare Providers X Count XII - Loss of Consortium Against All Yes No Defendants X Count XI II - outrageous Conduct Against the Yes No Following Defendants: 1. Dow Corning Corporation 2. Dow Corning wright Corporation 3. John/Jane Doe 4. William Graham, M.D. 5. Aesthetic and Reconstructive Surgery of Central PA, P.C. 6. Hershey Medical Center X Yes Count XIX - Violation of State Unfair Trade Practices and Consumer Protection Law Against Defendant Manufacturers No VI. CLAIMS AGAINST RELATED COMPANIES As to those manufacturers, distributors, component parts suppliers and related companies that Plaintiffs have named as defendants, Plaintiffs hereby incorporate by reference any and all 5 lAW OFFICES SHELLER. LUDWIG 110 aADEV claims for successor liability and alter ego liability that are raised in the Fourth Amended Master Complaint, and any amendments thereto, as if fully set forth herein. WHEREFORE, Plaintiff, MARIA POWERS, seeks recovery from defendants as follows: (a) general and compensatory damages in an amount in excess of $50,000.00, exclusive of int~rest and costs; (b) punitive damages as allowed by law; (c) costs of this litigation; and (d) such other and further damages and relief as this Court may deem appropriate. Dated: ( SHELLER, LUDWIG & BADEY Third Floor 1528 Walnut Street Philadelphia, PA 191a2 (215) 790-7300 Attorneys for Plaintiff Maria Powers 6 LAW OFFICES SHELLER. LUDWIG. BADEV yKRIFlCATIOH MARIA POWERS hereby verifies that she is the plaintiff in he above-captioned action and that the statements made in the oregoing court APproved Short Form complaint are true and co~rect o the best of her personal knowledge, information and belief. The ndersigned understands that the statements made herein are made ubject to the penalties of 18 Pa. Con. stat. Ann. ~ 4904 relating o an unsworn falsification to authorities. Dated: A pOWERS LAW OFFICER SHELLER, LUDWID . DAOEY ..-' (3/ Nay 1"1 3 30 rM 'g~ :- ,~ '.~' - ill f j/~ r. OfIW.. i,..,:i')','H~hY ClJIH'I i', ~1:t; ,;,.:jtllV tjLH~j\;n ';i\'tl.\ /2~ 4r ----- ~6 67] . C!.l. ,,)J-31,-3 ~-I- f ~'901r () J-q 33 _t!....,~~W""--"''l>'',!'>-~_~"~.,,...-.1~....'.:.:.,i<I~~~~h''''...T~..'...1>'<-''~'.f;.-...ifr...jllijil'-- :1 I . " . . , ~ . ." '-~ "'1'-.! "',;",;. "''-~'"''''''_;;,.F;>);..''''''' "', '-" "Ht:.t~.',; ."",- Il~c \\ 'j ~O Iii '~l\ ,J J -,. ,.,t .'.b'1 I.; ~ : ," ,n r~ \ t ~ \ IiI :i'i' ',. ,. '."...."n'..,..'_.......~_'. :<:\';,~~~~ " '. {i' , "~ p<I' . . , .. , " ,.,", --- , ( .. .",:.;.....- . .-. ,.. A:.....,......~';'_.. ~f*"""',,"'i.', .- _:',Co":" ,- rW~~:-'> - ~1~Yi;S' ' ;.,~'~),~"~t . - ,. :s~~ ..:~~ '/~" J~. .:~ :~ ~..... ...'si ,,:~ F"(~ 0 ~~:':r,.::;. , j" \ \IS ~\\ ,~~ (~('I " ;"'l(." ~lt '/.1 ~ " ,t~ '. \i t' \iir. , \~, " i ~, .:\1..: I' 0 :t\ (~ Ill.. ..,;. i " c. ,. :.1 r" 1,1; t'~'. 'I!;; '''. ~ '. ~.- ': ' ~.." ....'i ,-j' . ~.C~ .J ~ :,f< .~. '. '.. ~- ';;~ J .r' h' ~:~: \:} 5:~ ~ o. ..,\,.:\.- ,. ' ......-~ ~: (:,1J ". ..-.'-~' ,c.- .,.., ~~ .:~ :_~ l ~,~ "it;,. 'i!.~_~:~ .., t':i ,.. " --------~~..~._...~-- 'f" ~ ~~.....----.~----_..- f.' .........-----..............-- ~. r . , ......_~- . .' .' # ,. ~ ~~" .:----' ;,""t,;;,.:, ' -<."; -~\) ., " .' ;1.. . ''1;", ..lfi'" ,; ;~t.Y."~-;U' '1".1i\ft; ""a:'\?~~ .;,,_~:~-'~l \ r.. ij,.. \l"~ :;'iii.~1. .'l'!;~ . ,:~-;~ti~~~:; ...1:'" '.:;~[~~ ,-.",,, (:~Jltj "...l'~~ .,:::;;-:r~.~ ''-<{<f~ ;:_\r(,;~ "";~1~ ~ ;~,<-iZu'1 .--?~~ .:!~ ;;;~:.;~~i }!~ ,~;-:: '- ". ';.<~ ., ',~ ,',__,,_i_; ,,',C -j,'. .-..,,", '-.\~ ;:~ , " ,,", '\: " y \ \ \ \ ! . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW MARIA POWERS. NO. 94-6564 Plaintiff vs. DOW CORNING CORPORATION. DOW CORNING WRIGHT CORPORATION. WlWAM GRAHAM. M,D.. AESTHETIC AND RECONSTRUCTIVE SURGERY OF CENTRAL PA. P.C.. HERSHEY MEDICAL CENTER, and JANE/JOHN DOE. Defendants I JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF CENTRE ) Grant H, Fleming. Esquire. Attorney for Defendant. Hershey Medical Center. in Ihe above captioned matter. after having been duly sworn according to law. deposes and says Ihat a true and correct copy of Praecipe for Entry of Appearance W~alled by regular mall at Ihe post office State College, Pennsylvania. postage prepaid. this ;JO day of December, 1994 to Ihe attorneys of record: Jamie L, Sheller. EsQ. SHEII.F.~. LUDWIG & BADEY Third Floor IS28 Walnut Street Philadelphia. PA 19102 Robert S. Forster, Jr.. Esquire KRUSEN, EVANS & BYRNE Suite 1100, The Curtis Center Independence Square West Slxlh and Walnut Streets Philadelphia, PA 19106 G ...... Not.1rkd SoaI Stepha"" Ann fr.Il/<J"" Nolaly P\bic SlalO Cofto]O Oom CwlrO Coorl1V MyCornn1i::&iOn E.!>,,,, fto.17, 11\90 , fJnr~vMvlcl .. 0 taOOs . N::nlll'~['IC :.~ 1M) II'J: :mll .'1'[ Vii: ;iII.1 ;1':1(( I.W O:N' [1\^I" I'I-:mt ;YJ.V.i\t'II/\ ntrJ Ill' 1 vcdl'tr' :-;11 f'I't CeJrI1';[I'. P^ ['/llli iIlkl m:I<;,III':Y Ilr-:[IIC^[, 1:1-:[11'1-:1.: P .ll. I DX ti'.)( I III '1";l1r 'Y. I 'A 1 '/1 11.1 :III""'~";~~ I TF: T,"-;:;HP.TJ,F:R ,r.8)UTRF.'. .~- SWORN AN1.) :ilJH:'CI< l!iFi" 'Ill m:FOm: HE '[ C' m DAY (WI (JI J!) NOTARIAL SEAL LEONA M. BAUER. Nolary Public Cl of Phll~delnh.j''' Ph.l.. CounlV M mmlltlon EJl~js Jut 23. 1998 f. - ~crn:r~~H!ii.il i ~. '..!.,\ CAt f U'i 1 ;~ l"/,...:.J:jj:~l i, fill!! f l '. 17(, 'rrft.'\ .. liB,. -f0'J;:- .. i I~ -r'\.-:-~? r-;1! H f h~ \/\ __\_ .~ a ~.. j~_ ! h i i I J~ 'I f i i c' ' Ii K S -rf O~ if;: ~C'.~' Ha! ~ !,~ ~ n ro c' ~ ~ - . I. i ! 0 0 Jf 000 I'" )> -I , !!: ~.. i::~ 8 ~ =. ~ a : "liO[ ~&i wo !" ij' c -' !l'~ -,~ ~)> ~ I~, i ~ !l: !:C. ~ . -< ii ~" a :: G:;. " " " compleled on the rave... .Ide? i F0'J~~~f~iH!iiil ~.;:) ~ ~ ~ 'Ul!an" ~ \.;~ @' \ ~J i ,{ !H~~ i . ~i l( ~ tIi Ii ~ g f ;r. t.. - -.;r .. II 1"_ " II O! "q -- i! i i I ~ ~ ilt I ! ty C7 If i f ~ &: S 11 " l H j i g~ c'ig- ~DD"'j.f ~if I! 0' C ,,' if ~ ....)10 I i' 3" !!: ! ~ . ~ II = ItIl :: g. " ~ .g SENDER: . -. .' . -= . Complll. itl"" I andlor 2 10' Iddltlonal M'''iu.. . Compttt. ttemI 3. Ind ... . b ~ . Pml yow netr'It tnd Idd,... ~ 1M ,....,M 0' WI fomIlO thes .. un : ,.turn INt unf 10 you. ! . AnKh rNt fotm IG IN Iront of lhe nwIpec.. 01 on !he Hell if 'poK' do.. not permit. " . Wrtu............tcetptR~utI.111d'.onfhl~bllo.lhIlI'tidltnumbt, -= . The Aet\.m fIecetpt wIM .how 10 whOm IN.me" WI' dMIwrwd Ind m. data a MWVtm. 11 3, Art/cl. Add/....d to: i e 3 III lfi a: C ~ t: R .. PS Fo,m II I alia WI.h 10 ,.cllv. lhe following ..,vlclI liar In .xtra I.el: 1. 0 Addr..."', Add,", 2, 0 R..t,lcted D.Uv.ry Conlult altmlll., '0' ,... b Gregory G, Thless. Esquire Litigation Claims & Labor Dow Corning CorporaUon CO 1222 Midland. MI 48686-0995 4b. S"vice TVPd o Regl.tered = Insured C.rtified :J COO o up,e.. M.i1 0 R.turn Receipt tOt 7. Dele ot O.'i~Pt\Y ~ e 1 r.. \'lUV ~. ,."" 8. Add'''II..', Add,... IOnly If ,equ... and '.11 I, paid) '~'714 DOMESTIC RETURN RECEIPT ,... ~ D' . . CompA.te...... I .nd/o, 2 for ~dltlonM MfVice.. e . Comp61te kemI 3. and 4. . b. . PMt \'OUt' f'IWrW and .dd".. O(l the "Y9fM 0' IhIt form ~ Nt .. cln "tum l~ cwd 10 you. ! . AnKh INII form 10 lh, frDnl Dllht ~C.. Of on the beck I' 1paC. doe, not I*TM. ~ . Wml "Return R..:elpl R'l'lutlted" on lhe m'llptec, betow the ,rtlc" r.Jmtter . The RttumReeltpt will ,how 10 whom lheartlCle wa'~d and1hed.1I g d.llvl,.d. 11 3, Article Add'....d to: i E 3 13 a: C C c( ; ~ 6. Signature tAdd,-e..elll ~ a: 6. SI I R ~:: ~ ~~~_. I .1'0 wi,h to recllve the 'allowing a.rvlc.. lfo, an .xtra lee): 1. 0 Add'...H'. Add.... Dow Corning Wright c/o Gregory G. Thlass. Esquire Lltlgation Claims & Labor Dow Corning Corp, - CO 1222 Midland. MI 48686-0995 -th. ServIce Type o Regl.tered aCertlll.d o Exp,e.. M.II o In.u,od o COD o R.turn Receipt tOt Merchandl.e 7. Data olNl1llv.~ 8 JOO' ,. .'. . ,- 8. Addlellee', Add,e.. IOnlv If ,eque,tIC. and '88 II paid) DOMESTIC RETURN REC~IP.1 ,-.......-.. ...-.._. - - -. -----.--..'t...-----.. . ,... :! E DER: . . ComplttlltlllN 1 and/or 2 for addllionat ..rvk:... !If . Comp61tl heme 3. .nd 4. . b. ::' . Print your MfM Ind Idd".. on the r.....,.. 0' lhi. Penn 10 that w. c.n II return It'lli c.n:I to you. e . AnKh u..- form to thl hemt 0' thl m-.JpilC.. or on tN blct if ~CI doel not pemWt. .s . Wrt1...fteUnftealplRtqUI.~'ontNm~btkJwthelrtidllrunbe, . The RnIm fteoeIpt wtll ,how to whom tN trtldl w.. dIhwed end the dete 5- 11 3,. ~1TtA~~oG~ ~):, l {Q:-BE !Uf:- ~C t:f .', ,'.';fiS{~TA- ribl3 I also wish to ,ec.lve the 'allowing services 110' In extn 'eel: 1. ~ Addressee'. Addr... '6. :" I I II,;; _U,S.01l(): 1113-)5.2-714 rEI 22 2 05 PH '95 ) ~ f ILEV'OFrlCE Of THE PROTHONOTAFlV OUMBERLAND COUNTY PENHSYLV~HI4 --_.."---..._~ .. -1U',-'- --., - '. . ~ t 1 . , . .'. <# , ll"," ~ "",.,,-. . ,~ ,. , ",'-,' ., . .J ',,: ;, "V .' " . m. CASE SPECIFIC INFORMATION I-I(a). The allegation concerning the identity of the specific Implant produc1s used in Plaintiff's medical treatment Is admitted based upon information contained In the medical records maintained by the Hershey Medical Center on behalf of this patien1. 2-2(a), Denied, To the contrary, according to the medical records, It Is averred that the Plaintiff had the above.referenced breast Implants Inserted by Dr, Graham at the Hershey Medical Center or. or about March 27, 1985, Moreover, at the time of said !mplant surgery, Dr, Graham's professional offices and medical practice were located at the Hershey Medical Center, Hershey, PA, 3, The allegations of this Paragraph do not pertain to Answering Defendant, and therefore no responsive pleading Is required, 4. Admitted in part and denied in part, It is admitted that, on March 27, 1985, Dr. Graham was an agent, servant and employee of the Hershey Medical Cen1er, and performed surgery on Plaintiff In his capacity as such, The allegations of agency and employment with respect to unnamed "agents, servants, workers, and/or employees" of the Hershey Medical Center are denied and strict proof thereof is demanded for the reason that said allegations are not specific enough to allow Answering Defendan1 to form a belief as to the truth thereof. IV. INJURIES 1-2, Answering Defendant is without sufficient information to form a belief as to the truth of the allegations regarding the removal/rupture of 1he implants and the claims regarding disabling diseases; therefore, 1hese claims are denied and strict proof is demanded. 3. After reasonable investigation, Answering Defendant Is without sufficient information to form a belief as to 1he truth of the avermen1s concerning Plaintiff's alleged injurlesj therefore, the same are denied and strict proof is demanded, Answering Defendant denies 1hat any 2 act or omission on its part or on the part of its agents, servants or employees, including William Graham, M,D" caused or contributed Jo the injuries allegedly sustained by Plaintiff, V. CAUSE OF ACTION Count I - No1 directed Jo Answering Defendant. Count III - Not directed Jo Answering Defendant, Count IV . Not directed Jo Answering Defendant, Coun1 V - No1 directed 10 Answering Defendant. Count VIII - All allegations of negligence, carelessness and causation are denied and striC1 proof is demanded, Count IX - All allegations of negligence, carelessness and causaJion are denied and strict proof is demanded, It is further denied thai Answering Defendant made any fraudulent or misleading sJaJements as alleged and strict proof is demanded, Count X - Any and all allegations of breach of informed consent are denied and strict proof thereof is demanded. It is further denied that any act or omission on the part of Answering Defendant, or its agents, servanls and employees, Including William Graham, M.D., caused or contribu1ed Jo the injuries allegedly sustained by PlainJiff. Count XIII - Denied, Answering Defendant denies all allegations of willful, wanton, outrageous or reckless conduct and strict proof thereof is demanded, It is further denied that any act or omission on its part, or on the part of its agents, servan1s and employees, Including William Graham, M,D" caused or contributed 10 the injuries allegedly sustained by PlainJiff, After reasonable investigation, Answering Defendant is without sufficient information to form a belief as to 1he truth of the avermenls concerning Plaintifrs alleged injuries; therefore, the same are denied and strict proof thereof is demanded, Count XIX - Not directed to Answering Defendant. 3 VI. CLAIMS AGAINST RELATED COMPANIES Not directed to Answering Defendant. WHEREFORE, Defendant Hershey Medical Center demands judgment against the Plaintiff together with costs of this action and reasonable allomeys' fees. NEW MATTER 1. Recovery of medical expenses paid by any third party, including an Insurance carrier, Is barred pursuant to Section 602 of the Health Care Services Malpractice Act of 1975, as amended (Act of October 15, 1975, P.L, 390, No, III [40 P,S, Sec1ion 1301.602]), 2. Plaintiffs Complaint does not allege sufficient facts 10 support a claim for punitive damages. Plaintiffs Complaint, to the extent that it seeks punitive damages, violates Answering Defendant's rights to procedural due process under the Fourteenth Amendment of the United Stales Constitution and the Constitution of the Commonwealth of Pennsylvania, and therefore fails to state a cause of action upon which punitive damages can be awarded, Plaintiffs Complaint, to the extent that it seeks punitive damages, viola1es the Answering Defendant's rights 10 protection from "excessive fines" as provided in the Eighth Amendment of the United States Constitution and Article I, Section 13 of the Consti1ution of 1he Commonwealth of Pennsylvania, and violates Answering Defendant's rights to procedural and substantive due process as provided in the Fifth and Fourteenth Amendments of the United States Consti1ution and the Constitution of the Commonwealth of Pennsylvania, and 1herefore fails to state a cause of action supporting the punitive damages claimed, 3. Plaintiff has failed to state a cause of action upon which relief can be granted, 4, Nothing done or omllled to be done by Answering Defendant or Its agents, servants or employees was the proximate cause of any harm to Plaintiff, 5. Plaintiffs injuries, or some of them, were no1 proximately caused by implantation of the breast implants and/or their removal. 4 6, Plalntlfrs injuries may have been caused by third persons or parties over whom Answering Defendant exercised no control nor right of control. 7. Answering Defendant incorporates by reference the affirmative defenses set forth in Case Management Order No, 8, 8. If Plaintiff has in the past or does in the future, se1t1e some or all of her claims with third parties, the terms and provisions of the release of said claims is a bar to this action against Answering Defendant, PRELIMINARY OBJECTIONS J, VENUFlFORUM NON CONVENIENS This Court does not have venue as to Answering Defendant, The Milton S. Hershey Medical Center, which is located in Dauphin County, If the Court decides that venue is proper, then it is respectfully requested that this case be transferred to Dauphin County under the doctrine of Forum Non Conveniens, II. AGENCY Plalntifrs Complaint falls to set forth with specificity those individuals, alleged to be the agents, servants or employees of Answering Defendant. WHEREFORE, Defendant Hershey Medical Center demands judgment against the Plaintiff together with costs of this action and reasonable attorneys' fees. Dated: 4!1?{QS Respectfully submitted, McQUAIDE, BLASKO, SCHWARTZ, FLEMING & FAUL~ER, JNC, By: ~~ ust/n.n/.~ ?fv Grant H, Flemi~"""" April L, Chamberlain, Esq. Attorneys for Defendant Hershey Medical Center 811 University Drive State College, PA 16801 (814) 238-4926 5 VERIFICATION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CENTRE ~ 55: Before me, the undersigned aulhori1Y, personally appeared Gary C, SchullZ, who deposes and says Ihal he Is Sr. Vice President for Finance and BuslnessITreasurer of The Pennsylvania State University, and as such Is authorized \0 make Ihls Verification on Its behalf, and states thai Ihe attached, Answer, New Matter and Preliminary Objections of Defendanl ~ershey Medical Center \0 Plaintifrs Short Form Complaint are based upon Information which has been furnished \0 counsel for Defendant and that the Information has been galhered by said counsel In preparation for Ihe defense of this lawsuit. The language In Defendant's Reply is Ihat of counsel and not of Ihe undersigned, The undersigned has read Defendant's Reply \0 the extent Ihat Ihe Reply Is based upon Information which has been given to counsel for Defendant, It Is true and correct \0 Ihe best of the undersigned's knowledge, Information and belief. To the extent Ihat Ihe content of Ihe Reply Is that of counsel, Ihe! nderslgned has relied upon counsel In making Ihls Affidavit. Gk ~llIII l'\dO \ ::E:~~~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW MARIA POWERS, NO, 94.6564 Plaintiff vs, OOW CORNING CORPORATION OOW CORNING WRIGHT CORPORATION, WIWAM GRAHAM, M,D., AESTHBTlC AND RECONSTRUCTIVE SURGERY OF CENTRAL PA P,C. HERSHEY MEDICAL CENTER, and JANPJJOHN DOE, Defendants JURY TRIAL DEMANDED AFFIDA vrr OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CENTRE I ss: Maureen A, Gailagher, Esquire, AUorney for Defendant, Hershey Medical Center, In the above captioned matter, after having been duly sworn according to law, deposes and says that a true and correct copy of the Answer, New Matter and Preliminary Objections of Defendant Hershey Medical Center to Plaintifrs Short Form Complaint were mailed by regular mail at the post office Slate College, Pennsylvania, poslage prepaid, this 13th day of April, 1995 10 the attorneys of record: Jamie L, Sheller, Esq, SHELLER, LUDWIG & BADEY Third Floor 1528 Walnut Street Philadelphia, PA 19102 Robert S, Forster, Jr" Esq, KRUSEN, EVANS & BYRNE Suite 11 00, The Curtis Center Independence Square West Sixth and Walnut Streets Philadelphia, PA 19106 Evan Black, Esq, POST & SCHELL, P,C. 101 North Front Street Harrisburg, PA 17101 Sworn to and Subscribed before me this 13th day of April, 1995, ~..-M-. ~.~"'Q~r McQUAIDE, BLASKO, SCHWARTZ, FLEMI~& FAULKN~, INC, By: ~ (j~d.. M ureen A. Gallag~ ~ r:OTi\Rlr\t SUl HI!Il', r:" ;'~ ,! : /:.,' "v pj'J1:r: ~I: 'j' \', I, cO. L..:, ,. . ~ <c, 'I. I' ,', M, (\'d,l:,~ ".11 l','l;r1 J.':.~.' !~, #l~~. _:,"i.i;J....i;n..,'W,:""'-;"-,._^"-_""*..,~~=~"'''''~,.P,,~..~_'<6hWl.''*.i!tti:-titn~'J'l'/I.':F,-.~:tJ~~J$":'1'1'f:f-~~'-: IU'fi 11 3 ll! fa '95 t:'; 1 fie': t I ';'ili', ;~r-.'1 ,"q r:' ]'d I ,~ ' I, '. ,..1 , , -. >, ,. . . , r--- I I .""'''.'' '- ,." , . , , , , ........- , (, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA MARIA POWERS, v, DOW CORNING CORPORATION, DOW CORNING WRIGHT CORPORATION, WILLIAM GRAHAM, M,D" AESTHETIC & RECONSTRUCTIVE SURGERY OF CENTRAL PA, P,C" HERSHEY MEDICAL CENTER, and JANE/JOHN DOE, NO. 94.6564 CIVIL TERM CIVIL ACTION. LAW Defendants JURY TRIAL DEMANDED ANSWER OF DEFENDANTS. WILLIAM P. GRAHAM. III. M.D.. AND AESTHETIC & RECONSTRUCTIVE SURGERY OF CENTRAL PA. P.C.. TO PLAINTIFF'S SHORT FORM COMPLAINT AND NOW, come Defendants, William p, Graham, III, M.D" and Aesthetic & Recons1ructive Surgery of Central PA, P,C" by and through their attorneys, Post & Schell, P,C" and in support of their Answer to Plaintiff's Short Form Complaint aver as follows: I, Denied, After reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of the corresponding paragraph of the Complaint, strict proof is demanded at 1rial, if relevant. I. DEFENDANT MANUFACTURERS, DISTRIBUTORS, COMPONENT PARTS SUPPLIERS AND RELATED COMPANIES The corresponding paragraph of Plaintiff's Complaint as well as the various subparts are not addressed to the answering Defendants; therefore, no responsive pleading is required, To the extent that a responsive pleading is required, however, denied for the reasons indicated in Paragraph I, above. II. DEFENDANT HEALTH CARE PROVIDERS 1. It is admitted that Defendant, William Graham, M,D" has been named as a Defendant in the above-captioned litigation, 2. The entity identified as "Aesthetic and Reconstructive Surgery of Central PA, P,C," is inappropriate and was not in existence at the time of the allegations related in the Short Form Complaint. As such, it is denied that this entity is "Defendant Doctor's Group," 3, The corresponding paragraph of the Complaint is not addressed to the answering Defendants and requires no response, To the extent that a response may be deemed required, however, denied for the reasons indicated in Paragraph I, above, III. CASE SPECIFIC INFORMATION la, Admitted in part and denied in part, To the extent that the medical records of Plaintiff, Maria Powers, from Defendant, William Graham, M,D" reflect the facts alleged in the corresponding paragraph of the Complaint, it is admitted only that such is recorded therein, Otherwise, or to the extent that the medical records do not so reflect and/or contradict 1he allegations, denied for the reasons indicated in Paragraph I, above, 2 2a, Admitted in part and denied In part, To the extent that the medical records of Plalntlff, Maria Powers, from Defendant, William Graham, M.D" reflect the fac1s alleged In the corresponding paragreph of the Complaint, it is admiued only that such is recorded therein, Otherwise, or to the extent that the medical records do not so reflect and/or contradic1 the allegations, denied for the reasons Indicated in Paragraph I, above, 3, Denied as stated, The allegations of the corresponding paragraph of Plaintiff's Complalnt are specifically denied as the entity of "Aesthetic and Reconstructive Surgery of Central PA, P,C," was no1 in existence during the relevant time period, For further response, 1he allegations are denied as conclusions of law, 4. The corresponding paragraph of the Complaint is not addressed to the answering Defendan1s and requires no response, To the extent that a response may be deemed required, however, denied for the reasons Indicated in Paragraph I, above, IV. INJURIFS 1. Denied, After reasonable investigation, answering Defendants are without knowledge or Information sufficient to form a belief as to the truth of the averments of the corresponding paragraph of the Complaint, strict proof is demanded at trial, if relevant. 2, Denied, After reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of the corresponding paragraph of the Complaint, strict proof is demanded at trial, if relevant. 3 ), Denied, After reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of the corresponding paragraph of the Complaint, strict proof is demanded at trial, if relevant, V. CAUSE OF ACTION Count I - Negligence Against Defendant Manufac1urers. The corresponding count is not addressed 10 answering Defendants and requires no response. To the ex1entthat a response may be deemed required, however, denied for the reasons indicated in Paragraph I, above, Coun1 III - Strict Product liability Against Defendant Manufacturers. The corresponding count is not addressed to answering Defendants and requires no response, To the extent that a response may be deemed required, however, denied for the reasons indicated in Paragraph I, above. Count IV - Breach of Implied Warranty Agains1 Defendant Manufac1urers, The corresponding count is not addressed to answering Defendants and requires no response, To the extent that a response may be deemed required, however, denied for the reasons indicated In Paragraph I, above, Count V - Fraud, Deceit and Misrepresentation Against Defendant Manufacturers, The corresponding count is not addressed to answering Defendants and requires no response, To the extent that a response may be deemed required, however, denied for the reasons indicated in Paragraph I, above, 4 Count VIII - Medical Negligence and Negligent Use of Defective Product Against Defendant Health Care Providers. Denied as stated, All allegations of negligence, carelessness, and causation are denied and strict proof is demanded at time of trial. Count IX . Fraud, Deceit and Misreprcsentation Against Defcndant Health Care Providers, Denied as stated, All allegations of fraud, deceit and misrepresentation are specifically denied, Strict proof is demanded at time of trial. Count X . Lack of Informed Consent Against Defendant Health Care Providers. Denied as stated, All allegations regarding lack of informed consent arc denied and stric1 proof is demanded at trial. For further response, Defendant health care corporation objects to the inclusion of informed consent against it, Count XII - Loss of Consortium Against All Defendants, Denied as stated, After reasonable investigation, answering Defendants are without knowledge or information sufficient to form a belief as to the 1ruth of thc averments of thc corresponding paragraph of the Complaint, strict proof is demanded at trial, if relevant. Count XIII - Outrageous Conduct Against the Following Defendants, Answering Defendants deny all allegations of wilful, wanton, outrageous or reckless conduct, Strict proof is demanded at time of trial. For further response, 1he cntity designated as "Aesthetic and Reconstructive Surgery of Central PA, P,C," is an inappropriate designation and was not in existence at the time of the allegations related to this Complaint. 5 Count XIX - Violation of State Unfair Trade Practices and Consumer Protection Law Against Defendant Manufacturers, The corresponding count of the Complaint is not addressed to answering Defendants, VI. CLAIMS AGAINST RELATED COMPANIES The corresponding paragraph of Plaintifrs Complaint is not addressed to answering Defendants and requires no response. To the extent that a response may be deemed required, however, denied for the reasons indicated in Paragraph I, above, WHEREFORE, answering Defendants deny any and all liability to any party to the within litigation, demand that the claims against them be dismissed with prejudice and that judgment be entered in their favor, NEW MATTER I. Recovery of medical expenses paid by any third party, including an insurance carrier, is barred pursuant to Section 602 of the Health Care Services Malpractice Act of 1975, as amended. (Act of October 15, 1975, P,L. 390, No. Ill, (40 P,S, ~130I.602)), 2, Plaintifrs Complaint does not allege sufficient facts to support a claim for punitive damages, 6 3, Plaintiff has failed to state a cause of action upon which relief can be granted. Nothing done or omitted to be done by answering Defendants, their agents, servants, or employees was the proximate cause of any harm to Plaintiff, 4. Plaintifrs injuries, or some of them, were not proximately caused by the implantation of breast implants and lor their removal, S, Plaintifrs injuries may have been caused by third persons or par1ies over whom answering Defendants exercised no control nor right of control, 6, Defendants incorporate by reference those affirmative defenses set forth in Case Management Order No, 8, 7, If Plaintiff has in the past or do in the future sellle some or all of her claims, with third parties. 1he terms and provisions of the release of said claims is a bar to this action against answering Defendants, 8. "Aesthetic and Reconstructive Surgery of Central PA, P,C," is an inappropriate designation. No such enti1y was in existence at the time of the Complaint allegations, PRELIMINARY OD.lECTIONS I. PUNITIVE DAMAGES Defendan1s demur to Plaintiff's request for pUOllive damages. Plaintiff has failed to set forth sufficient fal:ts upon which a claim can be premised, 7 82571 VERIFICATION I, William P. Graham, III, M.D" do hereby swear and affinn that the facts and matters set forth In the foregoing Answer to Plaintiff's Short Fonn Complaint are true and correct to the best of my knowledge, infonnation, and belief. The undersigned understands that the statements made therein are made subject to the penalties of 18 Pa. C,S. ~4904 relating to unsworn falsification to authorities. AESTHETIC AND RECONSTRUCTIVE SURGERY OF CENTRAL PA, P.C. ---~ m_/ -~ .)~ .- /".. _~<,,,~..#t' / r,tA"e,., WILLIAM P. GRAHAM, III, M,D, DATE: C.~;I 17 /"'>-'> I '7 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA MARIA POWERS Plaintiff v, CIVIL ACTION NO, DOW CORNING CORPORATION and DOW CORNING WRIGHT CORPORATION and WILLIAM GRAHAM, M,D, and AESTHETIC AND RECONSTRUCTIVE SURGERY OF CENTRAL PENNSYLVANIA and HERSHEY MEDICAL CENTER Defendants I~C\Vr" ;.-.... r..:'.'" , i ,.... '. . C )\ t,-, . .' .<' .,r "')281 If-1R:tfEio <>lJl1(J AUG B ' P,q , . 199$ No , ;AI, 0'.. ,., ,"-. ""':"1# ".I' c. ..." '.l JOINT NOTICE OF REMOVAL Dow Corning Corporation ("DCC") and The Dow Chemical Company ("Dow") (collectively the "Removing Defendants") remove this action pursuant to 28 U,S,C ~ 1452(a), and in support thereof, state as follows: 1, On May 15, 1995, DCC filed a Voluntary Petition for relief under Chapter 11 of Title 11 of the United States Code in the United States Bankruptcy Court for the Eastern District of Michigan, Northern Division, thereby commencing case M. 95.20512 (the "DCC Bankruptcy Case"). 2, Maria Powers (the "Plaintiff"), commenced a civil action (the "Civil Action"), filed before the DCC Bankruptcy CAse :I'Ja1nllt the Removing Defendants and against certain other d(llendilnts (c'lilecti'/e!v, the "Other CCr.:lk:~~ the ree rd Datn .i5 0 Mu , D'Andrea, Clerk Per Defendants") In the Court of Common Pleas of Cumberland County, and assigned Case No, 6664 Civil 1994, In the Civil Action, the Pla!ntlff asserts various personal Injury claims against the Removing Dafendants based on Injuries allegedly caused by or arising out of silicone materials or silicone gel breast Implant products (collectively the "DCC Breast Implant Products") manufactured by DCC, The plaintiff seeks recovery (I) from DCC based on allegations, among others, that the DCC Breast Implant Products are defectlva, and (II) from Dow based upon allegations, among others, that Dow partlclpatad In tha manufacturing, marketing or testing of tha DCC Braast Implant Products or otherwise are liable for plaintiff's alleged Injuries. 3, This action may be removed to this Court pursuant to 2B U,S,C, S 462(a) by reason of the fact that (I) tha action is not exempt from ramoval, and (II) the Court has Jurisdiction over the action under 28 U.S,C, ~ 1334, All claims asserted are related to the DCe Bankruptcy Case, and the continued prosecution, outcome at trial or other resolution of the claims will have an effect on the administration of the DCC Bankruptcy Case, 4, This removal applies to all claims and causes of action asserted In the Civil Action and spaclflcally Includes, but without limitation, claims against The Dow Chemical Company, even though those claims may presently have been dismissed or otherwise ruled upon In the state court, 2 It Is the Intent of this notice that these claims are also removed to federal court to remain part of this same ectlon In the event that any prior rulings resolving thase claims are vacated or reversed, 6, The Civil Action Is pending within the district and division of this Court, 6, This Notice of Removal Is timely flied under Rule 9027(a)(2), 7, Upon removal of this action, the proceedings with respect thereto are non-core, DCC does not consent to entry of a final order or Judgment by the bankruptcy Judge (to the extent that the bankruptcy court Is authorized to hear or determine such claims consistent with 28 U,S,C. ~ 167(b)(6)), 8, Copies of process and pleadings In the Civil Action are attached as Exhibit" A", KRUSEN, EVANS 8& BYRNE SWEENEY, SHEEHAN 8& SPENCER. P.C. BY' a!i~ Robert S, Forster. Jr,. quire Attorneys for Dow Corning Corp, By:-fi/a/tit S rt~, ~ Walter S. Jenldns, Esquire Attorneys for The Dow Chemical Company Suite 1100 The Curtis Center 601 Walnut Street Philadelphia, PA 19106.3393 (216) 923.4400 1616 Market Street. 19th Floor Philadelphia. PA 19102 (216) 663-9811 3 UNITED STATBS DISTRICT COURT POR THE MIDDLE DISTRICT OP PENNSYLVANIA MARIA POWERS Plaintiff v, Civil Action No, DOW CORNING CORPORATION and DOW CORNING WRIGHT CORPORATION and JANE/JOHN DOE and WILLIAM GRAHAM, M.D. and AESTHETIC AND RECONSTRUCTIVE SURGERY OF CENTRAL PENNSYLVANIA and HERSHEY MEDICAL CENTER Defendants I', C-V - ,\5- \aco\ SERVICE LIST Jamie L. Sheller, Esquire John P. Kopesky, Esquire SHELLER, LUDWIG & BAnEY 1528 Walnut Street, 3rd Floor Philadelphia, PA 19102 Maria Powers Robert S. Forster, Jr., Esquire KRUSEN EVANS & BYRNE The Curtis Center, Suite 1100 Philadelphia, PA 19106 Dow Corning Corporation Dow Corning Wright William Graham, M.D. 816 Belvedere Street Carlisle, PA 17013 Aesthetic and Reconstructive Surgery of Central Pennsylvania 816 Belvedere Street Carlisle. PA 17013 Hershey Medical Center P.O, Box 850 Hershey, PA 17033 ^ '.:-::':,:-<,:":" ;.~~.:..ii.'i,"_}',," "'/j;.,"'. ~ -~ ., OCT II 2 li2. PH; "95 !",..t ['Oi-f,C~ or '~:L 1'[,( ;dOWjT"~'( CUH~:r.f(l '.ljjj l:r,t'~nY' ". hh~':l'.:"i'" , .......~-,~_.,....._- , . . ':'>-!~/~;'}-:1~:4<;~~:~'~'-~C~i}~._ fr --r , ,._.c'.,,: \: \ I i , ~ . ., .. " , .. .:'v_c;;'-,_\ ":~ '~ , rv-) , . " r- CC..-. W.......( I; 11 . 2". ...,. ql/~(,r't.\1 TERMED REMAND U,S, District Court USDC for the Northern District of Alab~ma (Southern) CIVIL DOCKET FOR CASE It: 95-CV-13603 Powers v, Dow Corning Assigned to: Chief Judge Sam C Pointer, Jr Demand: $0,000 Lead Docket: None Dkt # in PAM : is 1:95--01281 Dkt # in MDL : is 926 Filed: 10/10/95 Nature of Suit: 365 Jurisdiction: Diversity Cause: 28:1332 Diversity-Product Liability ,. . .. , - , . ., . I ._, I . .. I , ~, , . , :q 1:_' ,,0..1 , . , 1'1 .. , - . -. A TRUE COPY ., PERRY D. HlmlJ!l, ctlml'[ UNITED :'lTII.!..... "I S'TlilC'I' COURT NORTIIERN.l91:lTRJ,CT QF ~J BY: ...r7/1y,Wt.I\J/<;1 ce/U\.Ju D!Mr CURK Docket as of October 16, 1997 4:33 pm Page 1 , '1 ".- uNITED STATES DISTRICT COURT NORTHERN DISTRICT OF AL~BAl\fA Southern Division ,...." --- . l . S7 O~i , '. .~:;~: 02 In re: SILICONE GEL BREAST IMPLANT PRODUCTS LIABILITY LITIGATION (MDL.926) Master File CV 92-P-looOO.-;S. L.:.. "i,..f.:.;,~L'~RT I.,D. lit r'_J\iJkd (Applies to cases list);' W~l)d~'" '1'.RP~ .. ... H " I q.~ ~, l_ e:tfi. ORDER No. 39A ~ - ;;> ... {~-"<>CJ 'j ~S (Remanding Listed Cases to State Court) anT. 1 (1991 ) ) ) Pursuant to Order No. 39, and after considering the responses of the parties (as discussed in Opinion No. 39A filed concurrently herewith), it is ORDERED as follows: 1. The cases listed in the appendix 10 this order will be remanded to the indicated state couns UJlOD docketing and entry of orders previously signed in such cases and subject to the tenns and conditions of this order. 2, The tenns and conditions under which such remands are effected are as follows: (a) All claim~ against Dow Corning Corp. and Dow Coming Wright (including any crossclaims or lhird-pany claims by defendants against Dow Corning Corp. or Dow Corning Wright) are. to the extent not p!eviously dismissed, severed and not remanded. Such claims are, however, administratively closed in this coun and dismissed wilhout prejudice to the institution and pursuit of such claims in lhe United States District and Bankruptcy Couns for the Eastern District of Michigan in accordance wilh procedures established in lhose couns. This coun retains jurisdiction to vacate such dismissals and reopen such claims against Dow Corning on wrillen motion if filed within 30 days after reorganization proceedings of Dow Corning are dismissed or within 30 days after the Eastern District of Michigan detennines that reopening of such cases against Dow Corning is the procedure to be followed in liquidating such claims. (b) All claims by any pany against The Dow Chemical Company, Inc. and Dow Holdings 1nc, are. to lhe extent not previously dismissed or transferred, severed and transferred to the United SlatI:s District Coun for the Eastern District of Michigan, which will detennine whether any of such claims should be remanded (or allowed to proceed in state coun as a consequence of federal coun abstention). (c) As explained in Order No. 30 and Order No. 30G, all claims against the following companies have been dismissed with prejudice: Bioplasty, Inc.: Bio-Manufacturing, Inc.: Cabot Medical Corporation; Corning, Inc.: Foamex Products, Inc.; General Felt Industries, Inc,; Knoll International Holdings, Inc.; Recticei Foam Corporation: Scotfoam Corporation: Scoll Paper Company; Surgitek, Inc.: '21' International Holdings, 1nc: '21' Foam Company, Inc.; and Uroplasty, Inc. (d) Any claims againsl Mentor Corporalion; Mentor Polymer Tcchnologies, Inc.: Mentor 0&0, Inc.; Mentor HIS. Inc.; Mentor Urology, Inc.; Mentor International, Inc.; and Teknar Corp. relating to breast implants implanted bcfore June I. 1993, are dismissed with prejudice. . ~ (e) All claims ag.mst General Electric Company have been dismissed with prejudice pursuaru to Order No. 38. The plaintiffs In the listed remanded cases have, by nO( responding to the show cause directions contained In Order No. 39, dlsavowcd any participation in any appeal with respect to Order No. 38. r- <0 Any claims against Union Carbide Corporation based on its 1990-1992 ownership of McGhan NuSiI Corporation remanded to the indicated state courts, but may be pursued in Slate court only upon demonstration that the plaintiffs, if eligible, timely opted out of the original Global Settlement or the Revised Selllement Program provided by that defendant. All other claims against Union Carbide Corporation, as well as all claims against Union Carbide Chemicals and PlastiCll Company, 'nc" have been dismissed with prejudice pursuant to Order No. 37, and the plaintiffs In the listed remanded cases have, by not responding to the show cause directions contained In Order No. 39, disavowed any participation in any appeal with respect to Order No. 37. (g) All claims against Bristol.Myers Squibb Co., Medical Engineering Corp., Baltter Healthcare Corp., Baltter International Inc., and MIMesota Mining and Manufacturing Co. ("3M"), and their subsidiaries are remanded to the Indicated state courts, but may be pursued in state court only UpOD demonstration that the plaintiffs, If eligible, timely opted out of the original Global Settlement or the Revised Settlement Program ("RSP") provided by those defendants, This court eltpects plaintiffs to file In Slate court, afler remand, voluntary dismissals of claims against settling defendants that are precluded by the RSP and will main jurisdiction to enforce by injunctive decree, if necessllIY, restrictions against pursuit of such claims. NOTE: THOSE CASES MARKED WITH AN ASTERISK (0) MERIT SPECIAL A'ITENTlON AS TO DEMONSTRATION OF OPTOUT, A SEARCH BY DEFENDANTS INDICATES THAT ONE OR MORE OF THE IMPLANT.PLAINTIFFS IN THESE CASES MAY NOT HAVE OPTED OUT. (h) All claims against 'named Corp.. and McGhan Medical Corp. are remanded to the Indicated state courts, but may be pursued In state court only If those defendants default in payment of their obligations under the Revised Settlement Program or upon demonstration that the plaintiffs. if eligible, timely opted out of the original Global Selllement or the Revised Settlement Program provided by those defendants. (I) All ~Ialms against other defendants not described in paragraphs I(a) through I(h) above are remanded tJ the indicated state courts. (j) Further proceedings in state courts will be governed, In general and to the extent applicable, by the orders previously entered in MDL 926 and Master File No. CV 92-P-I0000-S. (I) To the extent not inconsistent with state law, the provisions of Order No. 30, Order No. 30F, and Order No. 30G will apply to such further proceedings, except that paragraph 8 of that Order No. 30 and Order No. 13, Imposing an assessment on recoveries for "conunon benefit" services and expenses, will not apply to recoveries by plaintiffs who exercised their initial right to opt out of the Lilldsey class and whose state-court case was removed to federal court solely under the "related to bankruptcy" jurisdiction. (2) The deposition testimony of the members of the National Science Panel, appointed under Orders No 31 and 31 D. will, when taken, be admissible and usable in the state courts to the same extent as if taken before remand of the case to the state court. 2 92-292' r- . CV9,.,9414 PAr 1,95'06533 COIlIl.PL.CT. PHILAOELPHIA co, FRIEDBERG CV95'19416 PAr 1,95,06535 91.G537 COIlH.PL.CT. PHILAOELPHIA co. PA SHINK CV9,.,941T- PAr 2,95.06536 93.1591 COIlIl.PL.CT. PHILADELPHIA CD. PA DESOUSA CV95.1941B PAr 2,95'06537 91.0717 CCHH.PL.CT. PHILADELPHIA CO, PA CANPBELL'BLAIR CV95.19420 PAr 2,95.06540 92.3748 COHH. PL. CT. PHILADELPHtA co. _.PA KITCHIN CV96.12292 PAr 2:95.04820 92.1614 COIlH.PL.CT, PHILADELPHIA CO. PA ROSSINI CV96.11193 PAr 2,95'0482B 92-3919 COIlIl.PL.CT. PHtLADELPHtA CO. PA WILLARD CV96'12294 PAE 2,95'04879 93.1371 COIlIl,PL.CT, PHILADELPHIA CO. PA STCHOCK CV96.124n PAr 2,~5'06287 93.0188 COIlIl.PL.CT, PHILAOELPHIA CO. PA GIOtOSO CV97.10026 PAE 2.95'06121 94.0663 COIlIl,PL.CT. PHILADELPHIA CO. PA DONSKY CV95'19327* PAE 2.95.05076 94.3219 COIlIl,PL.CT, PHILADELPHIS CO, PA CUSHANO'TROILO CV95.11056 PAN 1:95.01136 95.3089 COIlH,PL.CT. CUHBERLAND CO. PA BELLAVIA CV95.13600 PAN ',95'012n 170'CV'1994 COIlIl,PL.CT, CUHBERLAND CO, PA FE!HRER CV95.13601 PAN 1.95.01278 95.1428 COIlIl.PL.CT. CUHaERLAND CO, PA KRANER CV95-136D2 PAN ',95,012BO 94-3383 COIlIl.PL.CT, CUHBERLAND CO, PA HORCH CV95.136D3 PAl4 ',95'012Bl 94.6564 COIlIl.PL.CT, CUHBERLAND CO, PA POIII!RS CV95.13605* PAN ',95'012B5 94-1016 COIlIl.PL.CT. CUHBERLAND CO, PA 1lHHERHAN CV96.10644* PAN ,,95'01279 3017'CIVIL'1992 COIlIl.PL,CT, CUHBERLAND CO. PA HCGEE CV96.10645* PAN ,,95,01281 373.1994 COIlIl.PL.CT, CUHBERLAND CO, PA SEESE CV96.10646* PAN ,,95,01283 4106.1993 COIlH.PL.CT, CUHBERLAND CO, PA STONE CV95.13610* PAN 1:95.01297 1846-5-1995 COIlIl.PL.CT, DAUPHIN CO, PA POIII!RS CV95.13612 PAN 1.95.01303 105B'S-I992 COIlIl.PL.CT. DAUPHIN CO, PA 1EtDERS CV96.10647 PAl4 ,,95,012116 2112.1992 COIlIl.PL.CT '. DAUPHIN CO, PA CHUa8 CV96'10648 PAN 1I95.012B7 1191-1994 COIlIl.PL.CT, DAUPHIN CO, PA DtHARJA'STALEY CV96'10649 PAN 1:95.01290 121B'1993 COIlIl.PL.CT, DAUPHtN CO. PA GINTER CV96-10650 PAN 1:95'01291 705.1994 COIlIl.PL.CT. DAUPHtN CO. PA HARKLEROAD CV96'10651 PAN ,,95,01292 3996'1992 COIlIl.PL,CT. DAUPHtN CO. PA HOffHAN CV96.10652 PAN 1,95'01293 681-1992 COIlIl.PL.CT. DAUPHtN CO. PA t SENBERG CV96.10653 PAN 1,95,01294 275.1994 COIlIl,PL.CT. DAUPHIN CO. PA KAnOR CV96'10654 PAN ,,95'01298 1190-1994 COIlIl,PL,CT. DAUPHIN CO, PA PRtNGLE CV96'10655 PAN ,,95'01300 1499-1992 COIlIl,PL,CT. DAUPHIN CO, PA SWARTZ CV96.10656 PAM 1195'01301 4924.1993 COIlIl,PL.CT, DAUPHIN CO. PA IIOLF CV96.10657 PAN ,,95,01302 1292.1994 COIlIl,PL,CT, DAUPHIN CO, PA YOUNG CV95.13630 PAN 3,95'01305 95-1305 COHH,PL,CT. LUZERNE CO, PA HOLDERHAN CV95.1360B PAN 1:95.01295 315-5-1994 CGIlH,PL,CT, YORK CO, PA LANDIS CV95'13613* PAN 1:95'01306 94'SU-5326'01 COHH,PL.CT, YORK CO, PA aALOWI N CV95'13622* PAN 1:95'01317 94'SU-4299'01 COHH,PL.CT, YORK CD, PA KUHN CV96.1065B PAN 1:95.01307 93.5316'01 COHH,PL.CT, YORK CO, PA CADEK CV96'10659 PAN ,,95'01310 92.5481.01 CGIlH,PL.CT, YORK CO, PA DICK CV95'12020 SC 8,95'02495 94'CP,OH057 CGIlH,PL,CT, ANDERSON CO. SC CROIlER CV95'12021 SC 8.95.02500 94'CP-04.1058 CGIlH,PL,CT, ANDERSON CO. SC TEAGUE CV95.12022 SC 8.95'OZ502 94'CP.04'1056 CGIlH,PL.CT, ANDERSON CO, SC RHOOES CV95'18023* SC 8.95.D30n 92'CP,DH191 CGIlH,PL,CT, ANDERSON CO, SC SMITH CV95.12019 SC 8,95'02492 94'CP.39.180 CGIlH,PL,CT, PtCKENS CO. SC 8G1lAR CV95.13178 TNW 2,95'02416 62907-2TD CIR.CT, SHEL8Y CO, TN HENRY CV95.13180 TNW 2,95'02423 94.203 CIR.CT, SHEL8Y CO, TN STEWART CV96'11754* TNW 2,96.02054 95,8047 CIR.CT, SHELBY CO, TN HUNT CV96.11755 TNIl 2.96.02055 95.8044 CIR.CT, SHELBY CO, TN HILL CV96'11756* TNW 2,96'02061 95,8007 CJR.CT, SHELBY CO, TN AOELHAN CV96.11777* TNW 2,96'02081 95.8028 CIR,CT, SHELBY CO, TN DEAN CV96'l1n8* TNW 2,96'02083 95.8029 CIR,CT, SHEL8Y CO, TN DICKSON CV96' I 1764 TNW 2.96.02089 95,8035 CtR.CT, SHELBY CO, TN FOIILER CV96'1178B* TNW 2.96.02093 95.B039 CIR,CT. SHELBY CO, TN HARRISON CV96'11BDO TNW 2,96'02109 95'B054 CIR,CT, SHELBY CO, TN MENNE CV96.11814 TNW 1,96'02113 95. B060 CtR,CT. SHELBY CO, TN SCHOGGEN CV96.11821 TNW 2,96'02130 95.B075 CIR,CT. SHELBY CO, TN WALKER CV96'11B21* TNW 2.96.02131 95.B076 CtR,CT. SHELBY CO, TN WHITE CV96'IIB13* TNW 2,96'02132 95.Bon CIR,CT. SHELBY CO, TN WHITEHORN CV95.10749 TX! 1:95.00305 0-141260 136TH DIST, JEFFERSON CO. TX SHORES CV95.14394 IXE 1:95'00597 0'147,322 136TH DtST, JEFFERSON CO. TX CARONA CV95.14432 TXE 1:95,00641 0-146,560 136TH DtST. JEFFERSON CO, TX LOPEZ CV95-14359 TX! 1:95.00562 E'147,482 172ND DIST, JEFFERSON CO, TX HOPSON CV95.14424 TXE ,,95-00633 E'147,459 172ND DtST, JEFFERSON CO, TX YATES CV95.14449 TXE 1:95'00659 E-146,581 172ND DIST, JEFFERSON CO, TX KURT1 CV9!1-14461 TXE 1:95'00671 E'144,8D6 172ND DIST, JEFFERSON CO, TX SALLES CV95-14471* TXE 1:95-00681 E-147,769 172ND DIST. JEFFERSON CO, TX HUCKABAY CV95-14420 TXE 1:95,00619 A-147,506 58TH DIST, JEFFERSDH CO. TX PUGH CV95'14444 TXE 1.95'00654 A-147,531 58TH DIST. JEFFERSON CO. TX VICKERY CV95-14450 TXE ,,95-00660 A'146,581 58TH DtST, JEFFERSON CO, TX DAVIDSON CV95'14340 IXE ,,95'00543 a-148,219 60TH DIST, JEFFERSON CO. TX WATSON CV95.14499 TXE ,,95.00714 a'143,868 60TH DIST. JEFFERSON CO, TX BRASHER CV95-14505 TXE ,,95,00722 B-147,794 60TH DIST. JEFFERSON CO, TX PARISH CV95.1089Z TXE 2:95,00075 17635 76TH DIST. HORRIS CO, TX ANDERSON CV95'14643* TXN 3,95'01756 94.02635 101ST DIST. DALLAS CO. TX HORTON CV95'10569 TXN 3,95'01143 93.5214'0 134TH DIST. DALLAS CO. TX ALIIORTH CV95'13197* TXN 3,95'01111 94'1199'A 14TH OtST. DALLAS CO. TX aAtLEY CV95-10575 TXN 3.95.01150 16DTH DIST, DALLAS CD. TX BOllEN CV95-13193 TXN 3,95-D1DB8 93-13318'H 16DTH DtST. DALLAS CO, TX ADAMS . --..., r .: II , ; 95 NOV -JlEW:1.ED H~ U, s. District Court Us 1/7/10: 5 Middle District of Pennsylvania (Harrisburg) lit/('('::I :';" I I V'I ' II . I ' . I,. { CIVIL DOCKET FOR CASE II: 95-CV-1281 '-'o!II1N,11 Powers, et al v, Dow Corning Corporat, et al Filed: 08/a8/95 Assign~d to: Judge Sylvia H, Rambo Demand: $50,000 42041 Nature of Suit: 365 Lead Docket: None Jurisdiction: Federal Question .n~U ,~ ~1'llda_i."""..-s."'ClV;;1!803.' c, Dkt H in MDL 926 : is :00- -00000 Cause: 28:1446pl Petition for Removal - Product Liability MARIA POWERS plaintiff Jamie L. Sheller [COR LD NTC] Sheller, Ludwig & Badey 1528 Walnut St, 3rd Floor Philadelphia. PA 19102-2155 215 546-5510 John Paul Kopesky [COR LD NTC] Sheller. Ludwig & Badey 1528 Walnut St, 3rd Floor Philadelphia, PA 19102 (215) 546-5510 v. DOW CORNING CORPORATION defendant Robert S. Forster, Jr. [COR LD NTC] Krusen, Evans & Byrne Curtis Center 601 Walnut St, Suite 1100 Philadelphia, PA 19106-3393 215-921-4400 DOW CORNING WRIGHT CORPORATION dFlfendant Robert S, Forster, (See above) [COR LD NTC] Jr '(' . ,. . .CrI,,: '. 1.:l'nrJ Da,,: ". ItI>l'l q{ ~L.;..'_:'''* Pe . J 1'. J'.q , Depul)' CI~rk JANE/JOHN DOE defendant Docket as of November 1. 1995 11:10 am Page 1 n d. " r Proceedings include all events, 1:95cv1281 Powers, et al v, Dow Corning Corporat, et al TERMED HBG 8/8/95 1 JOINT NOTICE OF PETITION FOR REMOVAL filed by Dow Corning Corp, & Dow Chemical, Copy of orig. cmp, from Cumbo Co. Cmn, Pleas Court Case Number: 6564~yi~9A attached, Copy of cmp, & docket to C~ Rambo & MDL. Copy of docket only for TJM. (js) [Entry date 08/10/95] [Edit date 08/11/95] REMARK- Orig, file to Hbg. active file rm, (js) 8/11/95 8/23/95 2 LETTER - dtd, 8/21/95 to Patricia Howard, Clerk on clerk enclosing docket entries, complt, & 2 orders in the ED of Michigan dtd, 8/10/95 & 8/11/95. (am) LETTER - dated 8/18/95 to Ct, from Atty, Forster o/b/o Dow Corning requesting general stay order pending decision of Judge Hood, (jh) [Entry date 08/28/95] MDL from entered 8/24/95 3 8/24/95 4 ORDER by Judge Sylvia H, Rambo IT IS ORDERED that the time w/in which the parties to the cases which are the subject of the notices of removal may file their mtns, statements or other responses to the notices of removal is extended to 10 days, calculated in accordance with FRCP 6, after Judge Hood enters an order in response to Dow Corning Corp. 's mtn to transfer. It is further ordered that all proceedings in this Court in thoses cases subject to the notices of removal are stayed for the same time period following Judge Hood's order. Case stayed (cc: all counsel & Ct.) (jh) [Entry date 08/28/95] Statement by plaintiff Maria Powers pursuant to Federal Rule of Bankruptcy Procedure 9027(e) in the Notice of Removal (ao) [Entry date 08/30/95] Demand for Trial by Jury by pltf(s) (ao) [Entry date 08/30/95] Remark: Docs #5 & #6 to Judge Rambo (ao) Statement of facts by defendant Hershey Medical Ctr. (cll [Entry date 10/02/95] Affidavit of Service filed by dft Hershey Medical Center regarding statement [7-1] (cl) [Entry date 10/02/95] NOTICE by defendant Dow Corning Corporation that the Prothonotary and all interested parties were served with the Notice of Removal and c of s, (jhl [Entry date 10/20/95] LETTER - from Walter Jenkins, Esquire o/b/o Dow Chmical to Court dtaed 10/4/95 re: The 9/29/95 ruling by the MDL Panel states that Courts should not and may not rule on any pending mtns to remand or dismiss, Copy of MDL Panel Order attached, (jh) [Entry date 10/25/95] 8/29/95 5 8/29/95 6 8/30/95 9/28/95 7 9/28/95 8 10/18/95 9 10/23/95 10 Docket as of November 1, 1995 11:10 am Page 3 . . ) r Proceedings include all events. 1:95cv1281 Powers, et al v. Dow Corning Corporat, et al TERMED HBG 10/23/95 11 ADMINISTRATIVE ORDER by Judge Sylvia H. Rambo IT IS ORDERED THAT all mtns to transfer and/or to sever currently pending in Silicone Gel Breast Implant Cases filed in this district are stayed until further order of court, (cc: all counsel & Ct,) (jh) [Entry date 1a/25/95) [Edit date 10/26/95) Certified copy of CTO #74 making this action part of MDL 926 in reI Silcone breast Implant production Liability Litigation, Case transferred to ND of AL under civil #95-P-13603, Cert copies of dkt entries only to NO of AL, Case terminated (Is) 10/31/95 12 Docket as of November 1, 1995 11:10 am Page 4 MARIA POWERS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE~mSYLVANIA v. CIVIL ACTION - LAW DOW CORNING CORP., DOW CORNING WRIGHT CORP" WILLIAM GRAHAM, MD, AESTHETIC & RECONSTRUCTIVE SURGERY OF .. CENTRAL PA, PC HERSHEY MEDICAL CENTER, JOHN DOE AND JANE DOE, DEFENDANTS 94-6564 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of October, 2001, in the case of Powers versus Dow Corning Corporation at No, 94-6564 civil Term, it appearing that docket activity has occurred recently in the case, the case is stricken from the purge list and shall remain active, By the Court, Jamie L, Sheller, Esquire 1528 Walnut St. 3rd Fl, Phila" PA 19102 For the Plaintiff Robert S, Forster, Jr., Esquire CAJAtuj t1~~,II. .;l1.OI / 1600 Market St. -,. Ste 3600 Phila, PA 19103-4252 For Defendant Dow Corning, Dow Corning Wright Evan Black, Esquire 240 Grandview Ave. Camp Hill, PA 17011 For Defendant Grahm, Asthetic " / I / l,.1 (T Grant H, Fleming, Esquire April L. Chamberlain, Esquire 811 University Dr" State College, PA 16801-6699 For Defendant Hershey Medical and John and Jane Doe pcb 1~ (p ; ;,'i'.I!; t,:':-: l':' "",Ifmy 01 rlnlJ 19 Pi: 2: ~(! CU"'[. .'. ". ." I"..)' iI',;:"'II:.," ,'.1 I..A)~,"'1 PtNNSYLV;\.i\it\ ., .. NO. 94-6564 (CUMBERLAND COUNTY) a general description of the claims that this party intends to pursue; (4) claims that a party has raised against a product defendant are dismissed unless within thirty (30) days from the date set forth in the Certificate of Service attached to Plaintiffs' Information Sheet, this party files and serves on all other parties a statement of intention to pursue such claims against this product defendant with a general description of the claims that this party intends to pursue; (5) claims of a party for any setoff for money plaintiffs received in any settlement are dismissed unless within thirty (30) days from the date set forth in the Certificate of Service Attached to Plaintiffs' Information Sheet, this party files and serves on all other parties a notice of ~ntention to pursue such claims with a general description of the claims this party intends to pursue; (6) all parties shall furnish the discovery provided for in the Standard Arbitration Discovery Requests within thirty (30) days from the date set forth in the Certificate of Service attached to Plaintiffs' Information Sheet; (7) no deposition shall exceed two hours without a court order or agreement of all parties; (8) discovery shall be completed within ninety (90) days of the date set forth in the Certificate of Service attached to Plaintiffs' Information sheet; plaintiffs' pretrial statement shall ~ . NO, 94-6564 (CUMBERLAND COUNTY) be filed within one hundred and five (105) days of this d6te; and defendants' pretrial statements shall be filed within one hundred and twenty (120) days of this date; (9) motions for sununary judgment or other motions that must be decided by the court prior to the arbitration proceeding, with briefs, shall be filed with the judge signing this order of court within one hundred and thirty (130) days from the date set forth in the Certificate of Service attached to Plaintiffs' Information Sheet; (10) the parties shall submit a writing identifying the arbitrator whom they have selected to hear this case as soon as they have made the selection. If the parties have been unable to select an arbitrator, the parties shall within one hundred and thirty (130) days from the date set forth in the Certificate of Service notify the court in writing that the court should select the arbitrator; (11) unless this court order is modified, on the one hundred and forty-fifth (145th) day from the date set forth in the Certificate of Service attached to plaintiffs' Information Sheet, this court will appoint an arbitrator; and (12) A copy of this court order is being mailed to: Jamie L, Sheller, Esquire, and Marshall, Dennehey, Warner, Coleman, and Goggin, Counsel shall promptly contact this office if other counsel and/or parties should also receive a copy of this court . ~ NO. 94-6564 (CUMBERLAND COUNTY) order. BY THE COURT: ~-- WETTIC , '~~~'::'~J" , ~ ~ r F:L~~F1CE OF It-E m)THO~:OTAAY 02 MAY -9 PH 3106 CUM3Ef,lN:0 COUNTY PENNSYl.VN~!^ ~{, ~l~~' 'kg:"., f;:""{>' """F".-,' :r~Jf~."~;~:'! - ~:A,\._Tt..",_:.: li1\tti~}~~l:-" f~fi':~:,:,(, . ^: I., , -'"..-,. '-~~.~1,~-< .., !J . !"'--.!'.< .,1"\.:'" ;" ;~~~[;1~( '.~~~-J- . ~., .' ~~1:!~ ... !,~~~ ~~,.~1:,.-?l-~!:~i ,.' < -....-'... ., '.::! ..,.,~ - ~_, M::'. L.L. ':f:(.<:"f,''':~- . ~'rj:}ru~(" '~'-.P.~.. ~i!' !.'. . r ~ ,~ 1-1' ~ij,il";','.~ f:.~>:~r:./,'! !~ii\1Ft:~}.. ~~~~i),~~; n..i~~!}J ,~ -,-J.-.' ~~ "---'.-."": ~ , ., t . .. , .' " I ~ . . , " ~ -~.., ~ :--......-.. .l-' .', ., ",. .. - ~. . SHELLER, LUDWIG & BADEY By: Jamie L. Sheller, Esquire Identification No. 55722 1528 Walnut Street - Third Floor Philadelphia, PA 19102 (215)790-7300 Attorney for Plaintiff MARIA POWERS COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. WILLIAM GRAHAM, M.D., et al. CIVIL DIVISION NO. 94-6564 CERTIFICATE OF SERVICE I, Jamie L. Sheller, Esquire, attorney for Plaintiff, Maria Powers, hereby certifY that I served a true and correct copy of the Order to Settle, Discontinue and End by First Class United States Mail, postage prepaid on the following: The Honorable R. Stanton Wettick, Jr. Administrative Judge Court of Common Pleas Allegheny County 818 City-County Building, 414 Grant Street Pittsburgh, PA 15219 Marshall, Dennehey, Warner, Coleman & GOBBin 1845 Walnut Street Philadelphia, PA 19103-4979 SHELLER, LUDWIG & BADEY By: ~::=)G,('L_ JAMIE L. SHELLER, ESQUIRE Attorney for Plaintiff Date: Mav 21. 2002 LAW OFFICES SHELLER. LUDWIG. DACEY r llC-O;-rlCE G~ 1;" J'. ,:,:" 'rl!,:1Tf.RY 0211;\y 2:J l'I'i~: 12 " CUMi.JC:~:,-" ,J C;CUNTY PENl\:SYLW,NlA --~-~~"-~_~ll~--l' - "1.J,IM'.q'''- -"- -'-"---"'" ~ .. " f 1 . ,",'.,,; . .' . J I 0' j " f , \ I , . r ,..." " ,