Loading...
HomeMy WebLinkAbout95-05049 .i...... ,..... . ~ f i "- ~ . j '1 l . -I ~ 1 ~ 'if) QI 1 .d '" 0. ~ .1 \ii ~ CJ: ~ J Cr -:J- ~ ~ ~ ~ I.S' .' .. , PLAINTIFF'S POINT FOR CHARGE NO, 1 Although the burden of proof is on the Plaintiff, Mr. Picklesimer. to establish that the employees of Healthsouth Rehab Hospital of Mechanicsburg were negligent and that such negligence increased the risk of harm to Mr. picklesimer, the Plaintiff is not, however, required to prove his case beyond a reasonable doubt. He is not required to eliminate entirely all possibility that the Defendant's conduct was not a cause, It is enough that the Plaintiff introduce evidence from which reasonable persons may conclude that it is more probable that the event was caused by the employees of Defendant Healthsouth than that it was not. The fact of causation is incapable of mathematical proof. since no one can say with absolute certainty what would have occurred if the Defendants had not been negligent, ~hUS' when a child is drowned in a swimming pool. no one can say with absolute certainty that a lifeguard would have saved him. But. the common experience of the community permits the conclusion that a guard would more probably than not have done so, and hence. that the absence of the guard has played a substantial part in bringing about the death of the child. This question is for the jury to resolve,~ Accept Reject Modified Covered ec- IrJ vi W. v\ ~ Restatement of Torts, 2d 54338, Comment b, . ... < PLAINTIFF'S POINT FOR CHARGE NO.2 Personnel of a hospital must have and use the same knowledge and skill and and exercised exercise the same care as that which is usually had in the ~~profession. A hospital whose conduct does not meet this professional standard of care is negligent. Accept Reject Modified Covered c.c..... Pennsylvania Suggested Standard Jury Instruction (Civil) lO.03A. ~ PLAINTIFF'S POINT FOR CHARGE NO.3 A negligent act may consist of an omission or failure to act as well as an affirmative act, A health care provider may be liable for ~ doing what is required of a prudent health care provider under the circumstances, as well as for doing an action which is improper. Both are negligence. ('c.---- Accept Reject Modified covered Hamil v. Bashline, 481 Pa. 256, 392 A.2d 1280 (1978). . .. . PLAINTIFF'S POINT FOR CHARGE NO.4 It is the law in Pennsylvania that a negligent party must take his victim as he finds him. The fact a patient's underlying condition may also contribute to, or increase the likelihood or severity of the harm which results from a defendant's negligence, r r , ! ! I I I I I I does not diminish the defendant's responsibility for the outcome, A defendant is liable for the harm caused by its negligence even if plaintiff's underlying disease also contributed to the outcome, as long as the defendant's negligence is a substantial contributing factor to the harm. '-"'" L Accept Reject Modified Covered Fretts v. Pavetti, 282 Pa. Super. 166, 422 A.2d 881 (1980). Lebesco v. Southeastern TranSD. Auth., 251 Pa. Super. 415, 380 A.2d 848 (1977). . .. ". . PLAINTIFF'S POINT FOR CHARGE NO.6 "A causal connection between the injuries suffered [in this case, the broken hip of Mr, picklesimer) and the defendant's I I ~ failure to exercise reasonable care may be established by evidence that the risk of incurring those injuries was increased by defendant's negligent conduct. In other words, was the risk increased?" cC/ i I \ I Accept Reject Modified covered Hoeke v. Mercv HOsDital of pittsburah, 299 Pa. super. 47, 445 A.2d 140. 143 (1982). Hamil v. Bashline, 481 Pa, 256. 392 A,2d 1280 (1978). Restatement of Torts 2d 323(a), . PLAINTIFF'S POINT FOR CHARGE NO. 10 A patient is not required to anticipate the negligence of another, Mr. Picklesimer cannot be held responsible for failing to anticipate that employees of Defendant Healthsouth would provide negligent care during physical therapy. Accept Reject Modified Covered ~ j)f hi) \)~ g~V ,/ ,,'h)"~ ,,\V,v> (ll". '. , 0.) .!~J!')F. ". f,Y(' , ,~ Tavlor v. Mountz, 387 Pa, 321, 127 A,2d 730 (1956), PLAINTIFF'S POINT FOR CHARGE NO. 11 Under the facts of this case there is no evidence for you to conclude that Mr. Picklesimer was negligent in any fashion. Therefore, you are not to consider that Mr. Picklesimer contributed to his injuries in reaching your verdict. ~. Accept Reject Modified Covered . . PLAINTIFF'S POINT FOR CHARGE NO. 12 A medical negligence case is a civil action for damages and nothing more. The sole issue is whether the Plaintiff has suffered injuries as a result of the negligence of the Defendant and is thus entitled to monetary compensation for those injuries. The case does not involve punishment of the health care providers, or even criticism of their professional abilities beyond the facts of the matter. The claim does not involve the reputation of the physical therapists or their rights as licensed medical personnel. Therefore, no thought should be given to these irrelevant considerations in reaching a verdict. c.-. C Accept Reject Modified Covered Pennsylvania Suggested Standard Jury Instruction (Civil) 10.07. PLAINTIFF'S POINT FOR CHARGE NO. 13 Medical negligence consists of a negligent, careless or unskilled performance by a medical practitioner of the duties imposed on him or her by the professional relationship with the patient. cc.--- Accept Reject Modified Covered Pennsylvania Suggested Standard Jury Instruction (Civil) 10.02. PLAINTIFF'S POINT FOR CHARGE NO. 16 The legal term negligence, otherwise known as carelessness, is the absence of ordinary care which a reasonably prudent person would exercise in the circumstances here presented. Negligent conduct may consist either of an act or an omission to act when there is a duty to do so. In other words, negligence is the failure to do something which a reasonably careful person would so, or the doing of something which a reasonably careful person would not do, in light of all the surrounding circumstances established by the evidence in this case. It is for you to determine how a reasonably careful person would act in those circumstances. c.- Accept Reject Modified Covered Pennsylvania Suggested Standard Jury Instruction (Civil) 3.01. ..-... PLAINTIFF'S POINT FOR CHARGE NO. 18 Conduct is negligent if the harmful result could reasonably have been foreseen and prevented by the exercise of reasonable care by the Defendant. c ...-- Accept Reject Modified Covered Larro v. Thomas Wvnne. Inc., 451 Pa. 37, 301 A,2d 705 (1973). PLAINTIFF'S POINT FOR CHARGE NO. 19 Where the negligent conduct of defendant combines with other circumstances and other forces to cause the harm suffered by the plaintiff, the defendant is responsible for the harm if their negligunt conduct was a substantial contributive factor in bringing about the harm, even if the harm would have occurred without it. Accept Reject Modified Covered f/ft# ,.J ~\-- ;-(LiV Pennsylvania Suggested Standard Jury Instruction (Civil) 3.27. pLAINTIFF'S POINT FOR CHARGE NO. 21 In resolving any conflict that may exist in the testimony of expert witnesses, you are free to weigh the opinion of one expert against that of another. In doing this, you should consider the relative qualifications and reliability of the expert witnesses, as well as the reasons for each opinion and the facts and other matters upon which it was based. /'<./ Accept Reject Modified covered . pennsylvania suggested standard Jury Instruction (Civil) 6.00, PLAINTIFF'S POINT FOR CHARGE NO~ If you find that Defendant Healthsouth is liable to the Plaintiff, Edsel Picklesimer, you must then find an amount of damages which you believe will fairly and adequately compensate for all the injuries they have sustained. The amount which you award today must compensate completely for all damages sustained. Accept Reject Modified Covered v Pennsylvania Suggested Standard Jury Instruction (Civil) 6.00. PLAINTIFF'S POINT FOR CHARGE NO, 23 The damages recoverable by Mr. Picklesimer in this case and the items that go to make them up, each of which I will discuss ~ separately, are as follows: (a) past medical bills incurred; (b) future medical bills to be incurred; (c) past pain and suffering; (d) future pain and suffering; 71 (e) embarrassment and humiliation; (f) loss of enjoyment of life; and (g) scarring aJId---dl..l1gur"lII.mt. In the event that you find in favor of the Plaintiff, you will add these sums of damages together and return your verdict in a single lump sum. Accept Reject Modified Covered Pennsylvania Suggested Standard Jury Instructions (Civil) 6.01L. - '. ,- PLAINTIFF'S POINT FOR CHARGE NO. 24 The Plaintiff is also entitled to be compensated for: (1) Medical Expenses-The Plaintiff is entitled to be compensated in the amount of all medical expenses reasonably incurred for the treatment and care of Edsel picklesimer's injuries, A Medical Bill Summary will be submitted to you, c,-C-- itemizing these costs. (2) Future Medical Expenses-The Plaintiff is entitled to be compensated for all medical expenses which you find he will reasonably incur in the future for the treatment and care of his continuing injuries. Z1 (3) Pain and SUffering-In evaluating the amount to be awarded for pain and suffering, you should consider that the infliction of pain means taking from a person what is his own to possess and retain--namely, health and well being--and that the law allows for compensation of this loss to the extent that the loss may be calculated in monetary damages. c<....- The broad term "Pain & Suffering," includes a wide range of not only physical, but also mental and emotional reaction to the injuries and the consequences. In calculating damages for pain and suffering, you must place a value on the following: (a) mental pain and distress; (b) fear; C (.., (c) shock; (d) emotional SUffering; (e) anxiety; (f) frustration; (g) degradation; (h) loss of feeling of well being; (i) limitation of activities; and (j) impairment or destruction of satisfactory mental state. the previous (4) Enjoyment of Life-The plaintiff is entitled to be fairly Ct.-- and adequately compensated for loss of life's pleasures, (5) Humiliation and embarrassment that Edsel picklesimer c, endured from the moment of his injury. (6) Scarring and g.isf i 'J,'e _"l1ffit-the disfigurement which the plaintiff sustained as a result of this incident is a separate item of damages recognized by law. Therefore, in addition to such sums r as you award for pain and suffering and for embarrassment and humiliation. the plaintiff is entitled to be fairly and adequately compensated for the disfigurement he has suffered in the past as a result of this incident, and which he will continue to suffer during the future of his life, Accept Reject Mod if ied covered Pa. SSJI (Civ) 6,00; Pa. SSJI (civ) 6.01(8); Pa. SSJI (Civ) 6.01(E); Pa. SSJI (civ) 6.01(H); DiChiacchio v. Rockcraft stone products ComDany, 424 Pa. 77, 85, 225 A.2d 913 (1967); Corcoran v. Mc~eal, 400 Pa, 14, 26.' 161 A.2d 36~ (1960); Le~!9Q v~ SQ~tn~~tern Pennsvlvanla TransDortatlon Authority. 251 Pa. Super. 415, 380 A,2d 848 (1977); Niederman v, BrodskY, 436 Pa. 401, 261 A.2d 84 (1970) pennsylvania suggested standard Jury Instructions 56.01E, I ~ PLAINTIFF'S POINT FOR CHARGE NO. 25 You should include in any award for Mr. Picklesimer, reasonable compensation for pain and suffering which you find he had undergone as a result of the Defendant's negligence. In evaluating the amount to be awarded for pain and suffering, you should consider that the infliction of pain means taking from a person what is his own to possess and retain -- namely health and well-being -- and that the law allows for compensation of this loss to the extent that the loss may be calculated in monetary damages. In arriving at an award for pain and suffering which Mr. Picklesimer had undergone, you must also consider the extent to which his injuries have resulted in the loss of or lessening of his ability to enjoy life and life's pleasures and the ability to .. engage in various other activities which he enjoyed prior to his injury, CV Accept Reject Modified Covered DiChiacchio v. Rockcraft Stone Product Co.. 424 Pa. 77. 85, ~25 A.2d 913 (1967); Corcoran v. McNeal, 400 Pa. 14, 26, 161 A.2d 367 (1960)j Lebesco v.Southeastern Pennsvlvania TransDortation Authoritv, 251 Pa, Super. 415, 380 A,2d 848 (1977). .\ . .....;.... . PLAINTIFF'S POINT FOR CHARGE NO, 26 The Plaintiff, Edsel Picklesimer, is entitled to be fairly and adequately compensated for such physical pain, mental anguish, discomfort, inconvenience and distress as you find he has endured from the time of Defendant Healthsouth negligence in April, 1994, to the date of trial. r v' Accept Reject Modified Covered Pennsylvania Suggested Standard Jury Instruction (Civil) 6.01E. PLAINTIFF'S POINT FOR CHARGE NO, 27 The Plaintiff, Edsel Picklesimer, is entitled to be fairly and adequately compensated for such physical pain, mental anguish, discomfort, inconvenience and distress as you find he will endure from today into the future. ! I ! i I I I ! I I I r Accept Reject Modified Covered c/'--" Pennsylvania Suggested Standard Jury Instruction (Civil) 6.01E. PLAINTIFF'S POINT FOR CHARGE NO. 28 The plaintiff, Edsel picklesimer, is entitled to be fairly and adequately compensated for such embarrassment and humiliation as you believe he has endured and will endure into the future as a result of the injuries caused by Defendant Healthsouth negligence. Accept Reject Modified covered ~ pennsylvania suggested standard Jury Instructions (Civil) 6.01G. PLAINTIFF'S POINT FOR CHARGE NO. 29 The Plaintiff, Edsel Picklesimer, is entitled to be fairly and adequately compensated for loss of his ability to enjoy any of the pleasures of life as a result of his injuries both in the past and in the future. Accept Reject Modified Covered ~ Pennsylvania Suggested Standard Jury Instruction (Civil) 6.011. fLAINTIFF'S POINT FOR CHARGE NO, 3Q Mr. picklesimer is entitled to be compensated in the amount of all medical expenses reasonably incurred for the diagnosis, \. treatment and cure of his injuries, These" expenses, as ) agreed to by the parties, are in the amount of $ (~ Accept Reject Modified covered pennsylvania suggested standard Jury Instruction (Civil) 6.01A. PLAINTIFF'S POINT FOR CHARGE NO. 31 If you find that Mr, Picklesimer's injuries will continue beyond today, you must determine his life expectancy. According to statistics compiled by the United States Department of Health, Education, and Welfare, the average life expectancy of all persons lesimer's age at the time of the accident, sex, and race ars. This figure is offered to you only as a guide, and not bound to accept it if you believe that Mr, picklesimer would have live~ longer or less than the average individual in his category. In reaching this decision, you are to consider Mr. Picklesimer's health prior to the accident, his manner of living, his personal habits and other facts that may have affected the duration of his life. Accept Reject Modified Covered Pa. SSJI (Civ.) S6.21; Rosche v. McCov, 397 Pa. 615, 156 A.2d 307 (1979); See, Statistical Abstract of the United states (1996), United States Bureau of the Census, Wash. D,C, (1996), .. , EDSEL PICKLESIMER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 95-5049 HEAL THSOUTH REHABILITATION : CIVIL ACTION - LAW CORPORATION, HEAL THSOUTH OF MECHANICSBURG, INC. tIdlb/a HEAL THSOUTH REHABILITATION HOSPITAL OF MECHANICSBURG, Defendants : JURY TRIAL DEMANDED DEFENDANTS' REQUESTED POINTS FOR CHARGE 1. Pa. SSJI (Civ) 3.25 [legal cause] C 2. Pa. SSJI (Civ) 5.03 [number of witnesses] C 3, L-~ Pa. SSJI (Civ) 5.30, 5.31, 5.33 [expert witnesses] 4. c/ Pa. SSJI (Civ) 5.50 [burden of proof] 5. It is for the jury to determine how seriously the Plaintiff has been injured and what allowance, if any, should be made to him for pain and suffering, past. present and/or future. Even uncontradided evidence of pain and suffering need not be accepted by the jury. Kirbv v. Carlg, 178 Pa.Super. 389 (1955);~, 194 Pa.Super. 317, 166 A.2d 288 (1960). CC- ,. 6. Damages may not exceed compensation for compensable loss and damages should be awarded with the least burden to the wrongdoer consistent with the idea of fair compensation to the injured party. Incollinoo v. Ewina. 444 Pa. 299. 282 A.2d 206 (1971). C V 7. The purpose of awarding monetary damages is not to punish a Defendant or to reward a Plaintiff, but rather the purpose is to fairly compensate the Plaintiff for any cU damages which you may find he has sustained. 8. There is no legal yardstick that can be used to measure accurately what would be reasonable compensation for pain and suffering. Damages for pain and suffering should not be awarded on the basis of sympathy. benevolence or sentimentality, but should be limited to reasonable compensation for the injury sustained. Bostwick v. pittsburah Railwav. 225 Pa. 397 (1917); Buraan v. pittsburah, 373 Pa. 608. 96 A.2d 889 L....- (1953). 9. Damages will not be presumed. They cannot be recovered unless the evidence affords a sufficient basis for estimating them with reasonable certainty. Damages should not be estimated on the basis of mere conjecture or speculation. !.lm<I1 t..-c.. ~, 369 Pa. 314, 85 A.2d 841 (1952). . 14, The jury is not bound to accept Plaintiff's testimony nor is it bound by the opinions of his medical witnesses or their version of the circumstances. c.C- Gaita v. Pamula, 385 Pa, 171, 122 A.2d 63 (1956), 15. A jury may not reach Its verdict on mere speculation or conjecture. Smith v. Bell Telephone Co., 397 Pa. 134, 153 A.2d 477 (1959). cc.....- 16. A jury may not reach Its verdict merely on the basis of speculation, guess or conjecture, but there must be evidence, direct or circumstantial, upon which its conclusion may be logically based. Marrazzo v. Scranton Nehi Bottlina Co., 422 Pa. 518, 223 A.2d 17 (1966). c c...-. 17. Any verdict which you retum must be based solely and entirely upon the evidence presented and the law which is applicable. You are instructed that you cannot retum a verdict for or against either party based upon sympathy for the Plaintiff because of the injuries sustained or based upon bias or prejudice against the Defendant. In the eyes of the law, the Plaintiff and the Defendant in this case are equals, each having rights and responsibilities which you must resolve fairly, justly and impartially based upon your reason and not your emotion. (L , I 18. You should not allow sympathy, emotion or prejudice to Influence your deliberations, You should not be influenced by anything other than the law and the evidence of the case. Pa.S.J.I. 20.00. C-'- THOMAS, THOMAS & HAFER, LLP ~ C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 1.0. No. 06776 ATTORNEYS FOR DEFENDANTS ves:12146 .,/ ~ cO~i I Jli:~ .. i f ~ ti~i r~' I t") It.. . ~.. .. .. - ....\ "'* . . " . . EDSEL PICKLESIMER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-5049 v. HEALTH SOUTH REHABILITATION CORPORATION, HEAL THSOUTH OF MECHANICSBURG, INC. Udlb/a HEAL THSOUTH REHABILITATION HOSPITAL OF MECHANICSBURG, Defendants : CIVIL ACTION - LAW : JURY TRIAL DEMANDED DEFENDANTS' MOTION FOR RULINGS ON OBJECTIONS MADE DURING DEPOSITION FQR USE AT TRIAL The Plaintiff, who suffered from quadriplegia following an automobile accident in 1992, was undergoing a course of C'ut-patient therapy at the Healthsouth Rehabilitation Hospital in Mechanicsburg, which included ambulation skills. The goal of this program of therapy was to assist the Plaintiff in reaching the highest level of independence in the context of his significant disability. As of April 27, 1994 the Plaintiff had progressed to the point where he was able to walk short distances with the assistance of a brace on his right lag/ankle and a quad cane. At this stage of his therapy, the Plaintiff was walking with distant suoervision by his physical therapist. In distant supervision the physical therapist is approximately 2-3 feet away from the patient without there being any physical contad or connection between the two. On April 27, 1994 the Plaintiff was undergoing therapy which included walking in the hallway with his therapist, Sharon Manifold, who was to the right and slightly to the rear of the Plaintiff, approximately 2-3 feet away. As they ware walking together, the Plaintiff lost his balance and fell to the floor on his right side, fracturing his right hip. , . .- J The Plaintiff has taken the testimony of a witness by videotape deposition for use at trial. During the course of that deposition, the Defendants made certain objections which will necessitate rulings by the court before the deposition is shown to the jury. I. Ronald Liooe. M.D. Dr. Lippe is an orthopedic surgeon who operated on Plaintiffs fractured hip sustained in the fall during his physical therapy. Dr. Lippe had no role in the Plaintiffs care and treatment related to the quadriplegia. He did care for the Plaintiff during his admission to the Harrisburg Hospital from April 27, 1994 to May 3, 1994 referable to the hip fracture. Dr. Lippe last saw the Plaintiff in September 1994. During the course of his deposition, Dr. Lippe was shown a summary of medical expenses prepared by Plaintiffs counsel which contained the names of various health care providers, the dates when services were rendered, in some cases a one-line description of the services, and a dollar amount; Dr. Lippe did not review the actual itemized medical bills from which the summary was prepared. Over the objection of Defendants, Dr. Lippe testified that the medical care "I witnessed that Mr. Picklesimer received was reasonable and necessary" , as were the medical bills. This objection requires a ruling. In addition, Dr. Lippe's testimony as to the medical bills shOUld be stricken because it fails to address the question of whether the medical bills were [!llated to the hip fracture or 10 the patient's spinal cord injury and C-5 quadriplegia, either in whole or in part. MiniD v. Soblotnev, 502 Pa. 418, 466 A.2d 1022. 1024 (1983). 2 .. ~ ' . . A copy of relevant portions of the referenced deposition is attached hereto as Exhibit "AU (Lippe). THOMAS, THOMAS & HAFER, LLP /f)/; () c1lddcc0 ~.~ /~ C. Kent Price, Esquire (. 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 1.0. No. 06776 ATTORNEYS FOR DEFENDANTS 3 ..,. . .-.. .... 4 EDSEL PICKLESIMER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA 2 NO, 95-5049 v. 3 HEALTHSOUTH REHABILITATION CORPORATION, HEALTHSOUTH OF MECHANICSBURG, INC. t/d/b/a HEALTHSOUTH REHABILITATION HOSPITAL OF MECHANICSBURG, Defendants JURY TRIAL DEMANDED CIVIL ACTION - LAW 4 5 6 7 * * * e 9 DEPOSITION OF RONALD LIPPE, M.D. 10 Verbatim transcript of videotaped deposition taken at 875 poplar Church Road, Camp Hill, Pennsylvania, on Thursday, " 12 November 21, 1996 12:24 p.m. 13 ,. '6 APPEARANCES: 16 ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, pennsylvania 17110 ,; ,e BY: MICHAEL J. NAVITSKY, ESQUIRE 19 For - PlalOtiff 20 21 THOMAS, THOMAS & HAFER 305 North Front Street P.O. BoX 999 Harrisburg, Pennsylvania 17108-0999 22 23 BY: C. KENT PRICE, ESQUIRE 24 For - Defendant 25 CAPITAL CITY REPORTING SERVICE 8150 DERRY STREET, SUITE C HARRISBURG, PENNSYLVANIA 17111 Telephone (717) ~61-0503/F^X (717) 561-0537 \ , 2 3 4 5 6 7 8 9 '0 11 '2 13 14 '5 16 ,; '8 19 ZC 21 22 23 24 i 25 ! i I i i , I I i I I lj . .-" . 2 ~ R ~ ~ ! ! 0 I K ~ [ It is hereby stipulated by and between counsel for the respective parties that sealing. certification and filing are hereby waived; and that all objections except as to the form of the question and privilege are reserved to the time of trial. MR. SIMMBRS: My name is Arkie Simmers and I'm a paralegal with Angino & Rovner. Our offices are located at 4503 North Front Street in Harrisburg and I'm operating the video equipment for today's deposition. The date is November 21st, 1996 and it is 12:24 p.m. We are here to take the deposition of Ronald Lippe, M.D., at Orthopaedic Institute of PA, 875 Poplar Church Road, Camp Hill, PA. Dr. Lippe will be testifying on behalf of the Plaintiff in this case, Edsel Picklesimer versus Healthsouth Rehabilitation Hospital of Mechanicsburg, et al in the Court of ,...,. "-- A . << 3 2 Common Pleas of Cumberland County, Case No, 95- 3 5049. 4 Attorney Michael J. Navitsky of 5 Angino & Rovner is counsel for the Plaintiff, 6 Edsel Picklesimer. Also in attendance is 7 Attorney C, Kent Price of Thomas, Thomas & 8 Hafer. counsel for the Defendant, Healthsouth 9 Rehabilitation Hospital in Mechanicsburg, et aI, 10 The court reporter will now swear 11 in the witness. 12 13 14 15 16 RONALD LIPPE, having been duly sworn. was called as a witness and testified as follows: 17 DIRECT EXAMINATION 18 19 BY HR. NAVITSKY: 20 Q Good afternoon, Dr. Lippe. Would 21 you please state your name and professional 22 add res s . 23 A Ron aId Lip p e . 0 u r m a i n 0 f fie e is ~ at 875 Poplar Church Road, Camp Hill. ~5 Q And Dr. Lippe, I believe that the . .. 2 parties will be able to stipulate that you are 3 an expert in the field of orthopedic surgery; 4 you are an orthopedic surgeon. S However, for the record, would you 6 please give us very briefly your professional 7 educational background and your work experience. S A Okay. I went to medical school 9 in Rutgers Medical School in New Jersey. 10 Upon completing that in 1984, I began my 11 residency at Penn State, Hershey Medical Center. '2 That lasted five years. 13 And once I finished my residency, I 14 have been in practice here in central 15 Pennsylvania with my current group for going on '6 eight years now. 17 Q And what hospitals are you '6 affiliated with ht;!re in the Harrisburg area? 19 A Cur r e n t 1 y I'm a f f i I i ate d wit h ~ Harrisburg Hospital, Holy Spirit Hospital, 21 Polyclinic Hospital and the Mechanicsburg Rehab 22 Hospital. ~ Q And Doctor, do you have a national ~ certification as an orthopedic surgeon known as 25 a boa r d c e r t i f i cat ion? 4 2 3 . 5 6 7 8 9 10 11 12 13 \ I. 15 16 17 18 19 20 21 22 23 2- 25 . 5 A Yes, we do. o Okay. And when did you become board certified? A One takes two parts of their board exam, The first is a written board exam, which you take a few months after you finish your residency. And then two years later you take an oral examination, And once those are completed and passed, one is board certified. o When did you receive this national recognition? A Two years after I finished my residency, so in 1991. o All right, HR. NAVITSKY: Hr, Price, do you have any questions on qualifications? HR. PRICE: I have no questions. HR. NAVITSKY: Thank you. BY HR. NAVITSKY: o Dr. Lippe, as you know, we're here to discuss Ed Picklesimer and an accident that occurred on April 27 of 1994 at the Hechanicsburg Rehab Hospital. -:........ . . 6 2 I'm going to first request that if 3 you offer any opinions from a professionallmedical 4 standpoint, that you do so with a reasonable 5 degree of medical certainty, those opinions 6 dealing with the cause of Mr. Picklesimer's 7 injury, any prognosis or permanent limitations 8 that he might have as a result of his injury. 9 Is that acceptable to you? 10 AYe s . 11 Q Okay, Doctor, when was the first 12 occasion that you had to examine and treat my 13 client as a result of the April 27, 1994 14 accident? 15 A I met Mr. Picklesimer in April of 16 1994. He was transferred from the Mechanicsburg 17 Rehab Hospital having fallen. 18 X-rays were obtained and those 19 demonstrated that he had a displaced fracture of 20 his femoral neck. And subsequently I took him 21 to surgery to repair that. n Q Now this accident, as we know, 23 occurred on April the 27th of 1994. examine him on that date? Did you 24 25 A Yes, I did. 2 . 7 o And was that on an emergency basis 3 at Harrisburg Hospital? 12 16 19 23 A o Yes. So he was transferred dlrectly from 4 5 6 the Hechanicsburg Rehab Hospital by ambulance to 7 Harrisburg Hospital? e 9 A o That's correct. And is that where you examined hlm, '0 x-rayed him and performed surgery all on the " same day? A I'm not sure if his x-rays were 13 done at Hechanicsburg first or if he went to 14 Harrisburg, but I examined him and performed the 15 surgery on the same day. o Doctor, first of all, did you 17 obtain a history or information from Hr. ,e Picklesimer as to how his accident occurred? A The the history that I was given 20 was t hat hew a sin ph y sic a I the rap y a t 21 Hechanicsburg Rehab Hospital when he fell, ~ sustaining his fracture. o Okay. If I tell you that the ~ Hechanicsburg Rehab Hospital lncident report 25 pre par e d b Y the ph Y sic a 1 the rap 1 s t t hat was wit h 9 2 of one's pelvis, And the balls you see here are 3 the balls of the hip socket. · The hip joint is a ball and socket 5 joint. The ball is an extension of the femur. 6 which is a thigh bone. And the top of that is 7 called a femoral head, e The area immediately beneath that 9 ball that connects the ball to the rest of the '0 femur is called the femoral neck. 11 When he fell, he broke through his 12 femoral neck. Now, if he had just a minor 13 break, those can be fixed with screws or plates ,. to hold the ball and the neck together. 15 Unfortunately, when he fell he 16 displaced his completely. And we know a large 17 portion of those do not heal if you fix them, '9 and for that reason he had the ball replaced 19 with a prosthetic ball. 20 Q Now, Doc tor, be for e t his - - t his 2' a c c ide n t 0 c cur red 0 nAp r i I the 27 t h, I 9 9 4, fro m 22 you r his tor Y. you are a war e t hat Hr. Pic k Ie s i mer n had sustained an accident a year and a half or ~ so earlier where he was involved in an auto 25 a c c ide n t ? 2 3 . 5 6 7 e 9 10 " 12 13 \- I. 15 16 17 Ie 19 20 21 22 23 24 25 10 A I was aware that he had a spinal chord injury and that's why he was at Hechanicsburg for rehabilitation of his spinal chord injury. Q And he had some degree of paralysis or paresthesia from the neck down as a result of that earlier accident? A Yeah, I was aware of that. Q Now despite that condition, I see that in the Harrisburg Hospital records and your notes that Hr. Picklesimer was in a -- a great deal of pain immediately following the fall at the Rehab Hospital? A Yes. Q Okay. And the records indicate that he was screaming in pain and requesting immediate assistance when he was in the Harrisburg Hospital? A I -- I don't have an exact recollection of this, but Hr. Picklesimer's partial spinal chord injury actually would compound his problem because anybody else who injures an extremity wouldn't move their extremity; but because he had some spasticity 11 2 and didn't have total control, those muscles 3 tended to contract, which made him more 4 uncomfortable than mos~ patients. 5 0 In other words, his sensation of 5 pain wasn't any lessened as a result of his 7 previous accident, would that be fair? 8 A I don't know if it was lessened or 9 not, but it was certainly enough to make him '0 uncomfortable. " 0 Okay. All right. Now as a result 12 of the exam and the x-rays and the history that 13 you obtained from him and your diagnosis of the 14 hip fracture, you had indicated that you 15 performed surgery on Hr, Picklesimer that same '6 day? '7 A Yes. '8 0 Okay. Can -- I have a copy of your '9 operative report, but can you tell us in ~ layman's terms exactly what was done for him. 21 A Okay. He was brought into the -- 22 the 0 per a tin g roo m . Wet urn e d him 0 n his sid e . 23 We m a k e a j - s hap e din cis ion 0 n his 0 u t sid e 0 f 24 his hip. And then we go ln and we remove this 25 b a 11. . 12 2 The ball is then replaced -- and 3 this is an x-ray which shows it really pretty 4 well, This is the plastic -- the metal ball 5 that fits into his normal hip socket. 6 That has a stem which goes down the 7 femoral canal that secures the ball to the rest 8 of the femur. And the white areas you see 9 around the stem are bone cement. 10 You can't really tell it well, but " there's another smaller ball which fits inside 12 this other ball to allow for motion of the hip. 13 And that I s what we call a bipolar 14 hip replacement. 15 Q Is that different from a total hip 16 replacement? 17 A It is. 18 Q How so? 19 A In a total hip replacement not only m would we have this type of stem with a small 21 ball in it. but this socket would be fixed to u the pelvis itself so that that socket didn't 23 move. 24 We I eft his nor m a Iso c k eta Ion e and 25 he has his 0 w n art i c u 1 arc art i I age in t hat I I 1\ 13 2 socket as opposed to a total hip where we would 3 have to replace the socket, also. 4 Q Now the ball and the neck and the S stem that are now artiflcial in his right hip, 6 what are they made out of? 7 A These are stainless steel. There 8 is a liner inside the large stainless steel ball 9 and the smaller stainless steel ball which is 10 made of ultrahymolecular white polyethylene, " which is a very strong plastic. And that serves 12 as the bearing surface between those two. 13 Q Now how did you get tha t. oh, I ,. don't know, the spiked part of the prosthesis 1S into his femur? 16 A The stem? 17 Q Yeah. 18 A Well, once we cut the neck off that 19 is that is kind of the ragged edge, we then 20 take instruments which are designed to clean and 21 prepare the inside of this, they I re reamers and 22 b r 0 a c he s, sot hat t he ins 1 d e 0 f t he f emu r will 23 fit t his per f e c t 1 y . 24 Q And the nth at's c e men t e din t 0 25 P I ace? 2 3 4 14 A Correct. Q With some type of bone cement? A Right. That's what that's what 5 this white area is around there. You can kind 6 of see the end of the cement right here, then 7 things get darker right down there. 8 Q How far -- it looks like the -- the 9 stem only comes about, oh, I don't know, maybe 10 halfway or so down the femur on that picture. 11 Does it go down further? 12 13 14 A No. Actually it's a little less than half. It's closer to about one-third. Q Okay. But the cement that holds it '5 in place goes down further? 16 17 18 19 A That goes about halfway down. X-ray of Hr. Picklesimer - produced and marked for identification as Lippe Deposition Exhibit No.1. w BY HR. NAVITSKY: 21 22 23 24 2S Q I see. Okay. All right. This surgery you were assisted in by Dr. Steven Groff? A Yes. Q Okay. Who 1S Dr. Groff? 15 2 A He was a resident. 3 Q I see. Is there -- is there any 4 reason why you required or had assistanCe for 5 this particular surgery? 6 A Nowadays we don't have residents at 7 Harrisburg and I do this operation myself, but 8 while we have residents, they need to know how 9 to do this. And I really couldn't tell from the 10 Q 11 operative report, but can you give us an idea of 12 how long the surgery takes? '3 A Oh, I don't know, but an average is 14 about an hour. @ Okay. 16 following surgery? How did he -- how did he do '5 ," " ~ He did relativelY well considering I mean, he had a partial '6 what he started with. And he was uncomfortable '9 spinal chord injury. 20 i nit i a 11 y, a s eve r yon e was, but i n are 1 a t i vel y 2' short period of time he was up and getting 22 a r 0 u n d . 23 I saw him post-operatively, I 24 guess. I saw him last 1n September of 1994, and 25 it was about six months afterwards, and he had 16 2 some aching in the hip, as is very common after 3 this type of replacement, but his x-rays looked 4 fine and he was pretty happy with his progress. 5 I told him I'd like to see him 6 every year, but he hasn't made it back in. 7 Q Okay. Would there be anything else 8 that you could do for him at this point? 9 A If he was unhappy with his hip, if 10 he continued to have pain, we can convert those " to total hip replacements. But I would say 12 probably less than 20 to -- 10 to 20 percent of '3 patients need that and they do relatively well ,. with just the bipolar replacement. 15 Q So as far as you can tell, is he '6 going to need any further, you know, surgical 17 intervention for this hip fracture? 18 A Not for this hip fracture. He 19 he does have an artificial component 1n and it' 5 20 U n rea 1 i s tic for the m t 0 1 a s tin d e fin i tel y . 21 I don't know how long Mr. 22 picklesimer is going to live, but it's not 23 un rea son a b 1 e t hat hew 0 u 1 d 0 u t 1 i v e his hip 24 r e p lac e men tan d h a vet 0 h a vet hat rev is e d . ^< .. Q Okay. In looking at your -- the 17 history and physical information that you obtained from Mr. Picklesimer back at the time of the accident, you know, how he was doing at that time in his convalescence, and then he had the hip fracture, and then how he was doing following the hip fracture, can you give us some idea of hoW things changed for him? A Meaning comparing pre-injury to post-injury? That was a fairly unartful Q Yeah. question, but I think you got the gist of it. Okay. Well, it's difficult for me <!I Okay. to tell because I never examined him pre- operativelY. I mean, I don't knoW what type of function he had prior to his injury. The impression I got from Mr. Picklesimer was, when I saw him at six months post-op, that he was pretty close to where he was prior to his injury, except, you knoW, he had the previouslY mentioned discomfort and he had some limitations with the extremes of activity. Q I'm looking at your h1story and 18 2 physical that is from the Harr1sburg Hospital. 3 And you had indicated that before the fall at 4 the Rehab Hospital that he was able to transfer 5 from a bed to a chair on his own, that he was 6 mostly wheelchair bound, although he does 7 ambulate with a walker, and that he has 8 continued with outpatient rehab, where he has 9 progressed to walking with a quad cane with 10 assistance. And then he had fallen in therapy " that day with the quad cane. 12 Do you know whether he has ever 13 got ten back to us ing a quad cane 14 A r don't -- following this -- this accident? r don't know. 15 Q A Q All right. You had authored a 16 17 18 letter. In fact, I wrote to you recently asking 19 whether Hr. Picklesimer was going to have any 20 t Y p e 0 f per man en t d i 5 a b i 1 i tie s 0 r 1 i m ita t ion s . 21 Do you recall that? 22 A Yes, r do. 23 @ Okay. And do you have an opinion 24 with a reasonable degree of medlcal certainty as 25 tow hat t y P e 0 f I i m ita t 1 0 n s 0 r d i s a b i 1 i tie she 19 2 might have as a result of this hip fracture? 3 (9 I think Hr. Picklesimer will 4 continue to be limited in his ability to 5 ambulate. It's difficult to say how much of 6 that will be related to his previous spinal 7 chord injury, but from the hip, itself, I think e some limitations such as prolonged standing, a - 9 great deal of walking, will cause him discomfort - '0 to a certain degree and that will be limited, " Q I will represent to you and ask you '2 to assume that -- that at least as of september 13 of this year, 1996, Mr. Picklesimer has told us ,4 that he has not gotten back to using the quad '5 cane and that his -- both his right and left leg 15! are weaker than before the hip fracture. ." Would these types of things be reasonable or typical with this type of injury? (I) I think they'd certainly be reasonable and typical for the involved side. I '. '- '9 2~ 2' don't think we can blame his hip fracture for 22 his we a k n e s sin his 0 P P 0 sit e sid e . 23 Q Okay. YoU had rendered an opinion 24 in you rOc t 0 b e r '96 1 e t t e r t hat - - we 11, I' 11 :;~ read it. "I can say with a reasonable degree of II 2 3 4 5 6 7 8 9 10 11 12 13 ,. '5 '6 '7 16 '9 20 2' 22 23 , 24 i , I , 25 I I I I I ~ ,I 20 medical certainty that Hr. Picklesimer will never regain his prior level of activity that was present prior to his fracture," Can you explain to us what you meant by that and what is the basis for that opinion, (E) The fact that -- that after a bipolar hip replacement, your -- you -- we can't make him perfect. We can make him ambulatory and we can make him functional, but it's not realistic to expect him to have a full range of motion, to have a completely pain-free hip and one that he can walk indefinitely on after this type of fracture, And it's for that reason that he'll have certain limitations. There's a wide spectrum as to the amount of limitations people have, And some patients recount that they have very little limitation in their activities; others say that since they've had it, they can only walk very little and it's due to pain or -- or lack of strength. So, you know, obviously you're best with your initial parts as opposed to the ones 2 3 4 5 6 7 e 9 10 " 12 '3 ,4 15 16 17 lB '9 20 21 22 23 24 ^< .. \ I I I I I 21 that we put in. Q We --we talked about the possibility of a need for a future -- future surgical revision to the hip, perhaps sometime in the future, but more directed to now, and then on into the future, will Mr. picklesimer require any further medical care as a result of this fracture? cE) There's a very real possibility that he won't need anything done for this v fracture. ([) As far as physical therapy, is that something that you would recommend to him to improve his right hip, the functioning of it? Q After this type of injury, we stronglY recommend physical therapy. Q He still receives home health care through, I believe, KimberlY olsten Healthcare system that comes in and -- and cooks and cleans for him, but also works with him in exercising his legs. Is that something that he should continue to do? A I think lt's certainlY reasonable. 2 3 . 5 6 7 e 9 10 11 12 '3 \ ,. '-. 15 16 '7 18 '9 20 2' 22 23 24 :!) 22 Q In terms of the -- the medlcal bills in this case, and I thlnk that the part1es will be able to arrive at a -- at a stlpulation as to their amount, reasonableness and necessity, but I had prov1ded you wlth a copy of a medical b1ll summary that goes through the various medical b1lls from the ambulance services to Harrisburg Hospltal to the anesthesia groups, the x-ray groups, the Healthsouth Rehab Hosp1tal, the phys1clans 1n Rehab, your medlcal bills, and the -- the Olsten-Kimberly Quality Care bIlls through well, they only went through ^prll of '95. D1d you have an opportunIty to take a look at these b1lls? A Yes, I dId. Q Flrst questIon: the medIcal care that he recelved as a rOHult of the hIp fracture, was that reasunable and necessary? HR. fObjection\herp MR PRICE: Lot mH Interpose an lnsotar NAVITSKY: Hay we pause Just for a second? HR. :; J H H H ~: l) I t t h t' V Ide 0 r e cor d . 23 2 The time is 12:42. 3 HR. NAVITSKY: Sorry, Kent, · Normally say why don't we pause. Okay. Go 5 ahead. 6 HR, PRICE: For Cumberland County's 7 purposes. Insofar as he's going to testify to 8 other health care providers' bills, I would 9 object to that, '0 I think that his testimony ought to 11 be 1 imi ted to his, You and I have agreed that 12 we will make every effort to agree upon all of '3 the figures here. ,. MR. NAVITSKY: Right, '5 HR. PRICE: But giving h1m a ,e summary that you have prepared without actually 17 having, you know, seen the item -- itemized ,e bills from other health care providers, I don't 19 think it's appropriate, 20 HR, NAVITSKY: Okay. And while 21 we're on the record, but off the video, maybe we 22 could address that objection. n BY MR. NAVITSKY: ~ Q Doctor, are you fam1liar with the 25 bill s t hat are g e n era t e d by, for ins tan c e , 24 2 Harrisburg Hosp1tal or the Mechanicsburq Rehab 3 Hospital in connectlon w1th 1nJurles such as . this? 5 A I'm famil1ar wlth them. I don't 6 think I'd qual1fy myself as an expert as to the 7 exactness of what an appropr1ate charge is, but 8 I -- I can say whether things are pretty 9 reasonable. 10 Q Okay. And 1n review1ng these bills, are you able to tell us whether you believe that the med1cal bllls are reasonable ., 11 12 13 and necessary? 14 A I thlnk they're reasonable. '5 MR. PRICE: Let me just note for 16 the record that he hasn't rev1ewed the bills; 17 he's revlewed a summary which Just indicates the Ie provider, the date that the serV1ces are '9 provided, a one-llne descript10n of the 20 s e r v ice s, and a f 1 9 u r e . 21 So. again, I would renew my n objecllon. 23 HR. NAVITSKY: Okay. Now I think ~. that with thdl obJection preserved, we can go :~ b a c k 0 nth e v 1 de 0 . 25 2 MR. PRICE: You can. 3 MR. NAVITSKY: And we'll pick up 4 with -- I think my question was was the medical 5 care provided reasonable and necessary, and I 6 don't know whether ycu answered that question or 7 not. e MR. PRICE: And maybe you ought to 9 just clarify when you say the medical care so 10 the jury is not confused whether you're 11 referring to his medical care or whether all of 12 the health care providers on this summary, 13 MR, NAVITSKY: Very good, So when 14 we go back on the record, Doctor, if you could 's provide us with your answer of first of all '6 whether the medical care provided by everyone 17 involved in this case was reasonable, and then Ie I'll ask you whether the bills generated were '9 reasonable and necessary, okay? 20 THE WITlfBSS: MR. NAVITSKY: Okay. We'll go back on the 2' 22 video record now. 23 HR. SIHHERS: Time is 12:44. THE WITlfBSS: The medical care that Back on the video 24 record. 25 , 27 2 MR. N.a.VITSKY: I think we covered 3 it all. . HR. PRICE: I don't think so. 5 MR. N.a.VITSKY: All right, we'll go 6 back on the record and I'll tender the witness 7 and then you can go from there. e MR. SIHHERS: Okay, you ready? MR. N.a.VITSKY: Yeah. 9 10 MR. SIHHERS: Back on the video " record. The time is 12:45. 12 HR. N.a.VITSKY: Thank you, Doctor. '3 I have no further questions at this time. ,4 15 CROSS-EXAHINATION 16 17 BY MR. PRICE: ,e Q Dr. Lippe, the surgery that you 19 performed on the right hip for Mr. picklesimer, 20 t hat was un de r g e n era 1 an est h e 5 i a, was it not? 2' A It -- I believe so. I don't -- let 22 me look at the record. Occasionally we do these 23 U n d e r s pin ai, but 9 e n era 1 a n est h e s i a i 5 the 24 nor m . ^< .. Q And 1f lt was done under general 28 2 anesthesia, which you say is the norm, that 3 means that the paLient would be unconscious, is 4 that correct? 5 A Yes. 6 Q Okay, You last saw Hr. Picklesimer 7 September 23,1994, is that correct? e A That's correct. 9 Q All right, And he's not been back 10 to see you for any follow up in the last two " years, then? 12 A That I s also correct. 13 Q With regard to the possibility of 14 some type of replacement surgery in the future, 15 would it be fair to say that since Mr. 16 P1cklesimer is partially paralyzed because of 17 his pre - e xis tin 9 s pin a 1 c h 0 r din j u r y t hat .1 i s ,e level of activity is Significantly red!.:,", j from 19 your level of activity, my level activity, w somebody who is not otherwise disabled? 21 A That's correct. ~ Q And somebody whose activity level " is lesser than the norm would subject an 24 artificial hip to less wear and tear than a __ 2S an act lve person would? 5 6 7 8 9 10 11 12 '3 14 15 16 17 Ie 29 2 3 A That's true. Q And that's a factor, that is that normal wear and tear, that's usually a factor in how quickly, if at all, a hip replacement device wears out, would that be accurate? A Yes. Q And finally, you would agree with me, Dr. Lippe, that because of Hr. Picklesimer's pre-existing spinal chord injury and paralysis related to that injury that he did, in fact, already have some permanent disabilities prior to the fall in April of 1994? A I didn't examine him, but my impression from reading his records and the history is that yes, he did have an obvious deficit prior to his fall. HR. PRICE: Thank you. Tha t' s all . 4 '9 I h a v e . 20 2' REDIRECT EXAHINATION 22 23 BY HR. N A V ITS K Y : 24 Q Doc tor, 0 b v i 0 u sly, the n, a s a <~ res u 1 t 0 f t h 1 5 fall and hip f r act u r e, did t hat . . 30 2 have some impact on his convalescence from his 3 pre-existing condltion? 4 HR. PRICE: Objection. 5 THE WITNESS: Okay. I don't know 6 if it impacted on his convalescence is the way 7 to describe that. I think it has an impact on e his long-term functional ability, but not on his 9 convalescence. 10 HR. NAVITSKY: All right. Thank " you, Doctor. I have no further questions. '2 HR. PRICE: No questions, '3 HR. SIHHERS: This concludes the ,. video deposition. The time is 12:47, 15 (The deposition was concluded at 16 12 : 47 p. m. ) 17 * * * ,e 19 20 2' 22 23 24 25 i I II . . ... I' E I E V AND NOW, thisdrdday of July, 1998, I, C. KENT PRICE, ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant, hereby certify that I have this day served the within Defendants' Motion for Rulings on Objections Made During Deposition for Use at Trial by depositing a copy of the same in the United Stales Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Michael J. Navitsky, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 THOMAS, THOMAS & HAFER, LLP ~e;<<c& k C. Kent Price, Esquire (,.,. EDSEL PICKLESIMER, PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEAL THSOUTH REHABIUTA TION CORPORATION,HEAlTHSOUTH OF MECHANICSBURG, INC., t/d/b/a HEALTH SOUTH REHABILITATION HOSPITAL OF MECHANICSBURG, DEFENDANTS 95-5049 CIVIL TERM ORDER OF COURi AND NOW, this 19th day of May, 1998, the above-captioned case is continued to the July Term. Counsel is not required to attend the call of the civil trial list on Tuesday, June 9, 1998. There will be no pretrial conference unless requested by any party . By the Court,! / J I ' \J/ J " (, Edgar B, Bayley, )' Michael J. Navitsky, Esquire For Plaintiff . r , !iJ..'l\lfit&" _ P-P'-4.~ fl"'A~".'" 7 -u .J a:J, C. Kent Price, Esquire For Defendants Court Administrator :saa NO.4 EDSEL PICKLESIMER. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL VANIA VS. 95-5049 CIVIL HEAL THSOUTH REHAB. CORP., HEAL THSOUTH OF MECHANICSBURG, INC. tld/b/a HEAL THSOUTH REHABILITATION HOSPITAL OF MECHANICSBURG. Defendant CIVIL ACTION - LAW IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held April 29. 1998. were Michael J. Navitsky. Esquire. and Duane Barrick, Esquire. attorneys for the plaintiff, and C. Kent Price. Esquire. attorney for the defendant. This case involves an allegation of malpractice on the part of a therapist. It is claimed that on April 27. 1994, while the plaintiff was undergoing therapy which included walking, his therapist was too far away and was thus unable to prevent the plaintiff from falling when he lost his balance. The case involves a factual issue as to how far from the plaintiff the therapist was when the plaintiff fell. The plaintiff's expert witness, Susan L. Whitney, Ph.D.. will not be available until Thursday and Friday of trial week. Counsel suggested that if the case started on Wednesday. it could be concluded by the end of the week. They felt that the case would take u ma.xirnum of two and one-half days to try. The parties will have the usual number of juror challenges. April 29, 1998 K,,0~~/i Michael J. Navitsky, Esquire Duane Barrick, l:.squire For the Plaintiff C. Kent Price. Esquire For the Defendants :rlm .- ..... - ". . , EDSEL PICKLESIMER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. VS. NO. 95-5049 . . HEALTH SOUTH REHABILITATION CORPORATION, HEALTHSOUTH OF MECHANICSBURG, INC. t/d/b/a HEALTH SOUTH REHABILITATION HOSPITAL OF MECHANICSBURG, Defendants . . CIVIL ACTION - LAW ORIGINAL : JURY TRIAL DEMANDED PLAINTIFF'S PRETRIAL MEMORANDUM 1. This is a negligence case involving a fall by a patient during physical therapy. Edsel Picklesimer was a patient of Healthsouth suffering from paraplegia of the lower extremities following an automobile accident. He had progressed to the point where he could transfer himself from a chair to ;, ~heelchair and was beginning to walk with a quad cane. He was learning to walk with the quad cane at the time of the April 27, 1994 accident. His physical therapist was Sharon Manifold, who was an employee of Healthsouth. The accident occurred during a physical therapy session when Sharon Hanifold stopped to talk to two nurses, Mary Beihls, R.N. and Barb Tobias, who were working at a nurses' station. Hr. Picklesimer was walking with the quad cane, lost his balance, and fell, fracturing his right hip. Had the physical therapist been near Mr. picklesimer to steady him or break his ~ fall, the accident and injury would not have ocr.urred. Plaintiff alleges that the Defendant, through its employee, was negligent in this regard and is answerable to him for the damages sustained. Plaintiff attaches a copy of the December 12, 1997, report from Susan L. Whitney, Ph.D., P.T., A.T.e., as well as a photocopy of Dr. Whitney's curriculum vitae. To date, Defendant has not produced a liability expert report to rebut the opinions of Dr. Whitney. Medical bills associated only with the fractured hip that occurred in the accident and rehabilitation for the hip fracture approximate $100,000. Ongoing home physical therapy, which has been recommended by Mr. Picklesimer's orthopedic surgeon, and home care since the accident, approximate another $100,000. There is no wage loss claim. The pain and suffering caused by this accident was extreme, and has proved particularly devastating to Mr. Picklesimer given the fact that he will never, ever, achieve the same level of mobility that he had achieved prior to this accident. This is confirmed not only Mr. Picklesimer, but by his orthopedic surgeon, Dr. Ronald Lippe. 2. There is no wage loss claim made in this case. Medical bills approximate $200,000. 3. Plaintiff may call as witnesses at trial: a. Edsel Picklesimer, who will testify as to the facts and injuries he sustained. 2 . " b. Dr. Ronald Lippe, who will testify by way of video deposition, which has already been taken. c. Sharon Manifold, who will be called as if on cross, to testify as to the facts of the accident. d. Dr. Susan Whitney, who will testify in conformity with her expert report that Sharon Manifold was negligent. e. Mary Jane Duvall and Traci KUhl, both from Olsten-Kimberly Quality Care, who will testify as to the cost of home health care and Mr. Picklesimer's daily routine. f. Mary Beihls and Barb TObias, who may be called as if on cross concerning the facts of the accident. g. Amy Jo Misera, who was identified as another nurse working at the nurses' station at the time of the accident, who may be called to testify concerning the facts of the accident. h. Any witness identified during discovery. 4. Exhibi ts. a. Hedical records, positive of Plaintiff's hip x-ray. b. Dr. Lippe's video cassette and deposition transcript. c. Medical bills and medical bill summary. d. Report and curriculum vitae of Dr. Whitney. e. Day-in-the-Life video of Mr. Picklesimer. f. All documents exchanged during discovery. 3 . 5. The report and curriculum vitae of Dr. susan Whitney is attached. 6. plaintiff requests a stipulation as to the authenticity of all medical records and bills. plaintiff further requests a stipulation as to the amount, reasonableness and necessity of all the medical bills, recognizing that Defendant reserves its right to maintain that not necessarily all of Mr. picklesimer's home health care bills are directly related to this accident. 7. Trial should require three days. 8. The only scheduling issue is that Dr. Whitney has requested permission to testify on either Thursday or Friday of the trial week. 9. No special evidentiary issues are anticipated. 10. Defendant requested a settlement demand on May 13, 1997. plaintiff responded to that request on May 15, 1997 with a demand of $350,000. To date, Defendant has made no response. Respectfully submitted, D.t..'~~1 (ql113 MICHAE SQUIRE 1.0. N 58803 4503 North Front tr t Harrisburg, PA 1711 (717) 238-6791 Attorneys for plaintiff ::!)ua- 4 1)0.. IIV' "'t.K. . - - . University of Pittsburgh Scbool of I lel/ltb I/lId Rd}(//li/ittltioll Sciell(('J [)rp"rllllrllf of I'b.ysiml 'fbmlp'y 6035 Forbes TO"'8' PtfllbufQ", PennsytvIIOIII '5260 4I'.6U.1220 Fall. "'2 641.1222 December 12, 1997 Mr. Michael J. Navitsky Angino and Rovner, PC 4503 North Front street Harrisburg, PA 17110-1708 Dear Mr. Navitsky: After reviewing Mr. Picklesimer's case related to the fall incident of April 27, 1994, I do have some major concerns about his care. There were several areas of concern. The first is that in Ms. Manifold's testimony she stated that she did not initially evaluate Mr. Picklesimer. This makes it more difficult for physical therapists who are following up on the case, and especially difficult for someone with only ten months of experience. She continues in her testimony on page 11 line 3 stating that Mr. Picklesimer had a great deal of tone. She follows-up with a comment related to his muscle tone on page 35 lines 13 through 16, where she states that because of his tone and movement problems, he "definitely had delayed balance reactions, could not initiate movements quickly.,," Later, on page 35 of her testimony, line 20 and 21 she states that "we would call his cone of stability narrower." In plain language this means that the patient was slow to respond to external stimulation in the environment, and also that he could be tipped over much more easily than most people who were walking. In my mind this would certainly make me want to be close to him while he was ambulating. I had concerns that Ms. Manifold was two to three feet away from this patient and the nurses stated that she was four to five feet away from him. This is a concern as the patient's safety judgment was not always' very accurate as stated on page 36, line 9. In addition on line 12 and 13 (0,36) she states that he was not always in tune with his environment and keeping himself safe. All of these factors would cause me, as a physical therapist, to stay close to the patient in the event of problems. Trtms}Umlmp, rlot Prrsmf - Dr.rm'f'rinp, flot FlltIIn . University of Pittsburgh . School of Health and Rehabilitation Sdences DtPllrtmtnt of Phys;(II/ ThtTllpy 11035 Forbot Tow. Pmlllu~. Pennlytvln" 152110 412....7.1220 Fu: 412.647-1222 MEMORANDUM TO: FROM: SUBJEcr: DATE: Tracy Dr. Susan L Whitney CV 5/8/W '?"':""'~'''''''M<''iW~6''V'''''''''''~'''''ii=)@''''.'-B1'-' ""... - -""",,"'$r;l%ffil!IH~-" -, ,- t;~;,:P \f'~l0;~;~*qt;40': ;$~Z~,:r.ri~,'~,'~~P!.?~B:/,~?;itiw'~;*, _-~,;', - ~>;s;.{~; :.' ", -.<~titt'~~_Jii: '. -~ . '- .,.,~ ~"l.",...-..~,%~., ..-:-,_,.....~.~.".,_"'~... ,..", <;;;.:;t;',w~...~;h. .,<(.-,~..,,,_.,,,ttt:.-. N. x ., ..3~w~, .m'tw> <'<-;.;.c,...~.. ...;:;r~. . .,>>, " 0- I have enclosed a copy of my curriculum vitae as per your request. T nmsforming tlot Prrmtt - DisCOl!tmg tht FIltlfrr LICENSURE INFORMA TION/REGI5fRATION NUMBER Pennsylvania PT -OO3240-L RT-000371-A AWARDS CERTlFICATE OF HONOR, Temple University, April 17, 1994 (I was the first physical therapist to win the award in the Physical Therapy Deparbnents 25 year history) PENNSYLVANIA PHYSICAL THERAPY ACHIEVEMENT AWARD, November 6,1993 (This award is given to those individuals who have made an outstanding contribution to the profession of physical therapy, to the American Physical Therapy Association or its components and/ or to the community. In addition, the criteria also include a deep concern and active interest in the development and growth of physical therapy, serve as a role model, and have demonstrated high personal and professional standards of conduct). MARY McMll..LAN DOCTORAL SCHOLARSHIP, 1989 (There were three doctoral scholarships awarded in 1989. This award is given to those who exhibit potential to contribute to the profession of physical therapy after completing their dt:}\"a). EMPLOYMENT AND rosmoNs HELD Staff Physical Therapist Moss Rehabilitation Hospital Philadelphia, Pennsylvania 1976-78 Senior Physical Therapist Moss Rehabilitation Hospital Philadelphia, Pennsylvania September 1978-August 1979 Ohio Valley Hospital McKees Rocks, Pennsylvania Physical Therapist. July-August 1980 2 . . Sl Margarets Memorial Hospital 815 Freeport Road Pittsburgh. Pennsylvania Part-time from October 1979 to December 1979 Weekend Physical Therapy, October 1980 to 1996 Teaching Assistant Program in Physical Therapy University of Pittsburgh School of Health Related Professions Pittsburgh. Pennsylvania January 1980 to April 1981 Staff Physical Therapist. Part-time Mercy Hospital Pride and Locust Streets Pittsburgh. Pennsylvania 15219 January 1982 to 1984 Physical Therapist. Part-time Reformed Presbyterian Home Pittsburgh. Pennsylvania January 1985 to May 1985 Clinical Instructor and Co-Coordinator in the Sports Physical Therapy Track. SHRP Graduate Program University of Pittsburgh School of Health Related Professions Pittsburgh. Pennsylvania May-June 1981; August 1982 to July 1982 Instructor and Co-Coordlnator In the Sports Physical Therapy Track,. SHRP Graduate Program University of Pittsburgh School of Health Related ProCessions Pittsburgh. Pennsylvania Augustl982 to 1984 3 Assistant Professor in Physical Therapy and Co-Coordinator of the Sports Graduate Emphasis University of Pittsburgh School of Health and Rehabilitation Sciences Pittsburgh. Pennsylvania July 1, 1984 to 1994 Assistant Department Director Department of Physical Therapy University of Pittsburgh School of Health Related Professions Pittsburgh. Pennsylvania September 1, 1985 to 1989 SHRSGraduate Faculty Member, 1992-present Assistant Professor in the Department of Otolaryngology, 1993-present (secondary appoinbnent) Co-ordinator of the Neuromuscular Master of Science Track 1996-present Guest Faculty at Duquesne University, 1992-present Guest Faculty at Slippery Rock University, 1994-present Guest Faculty at Chatham College, 1995 Assistant Professor in the School of Education, 1995-96 (secondary appoinbnent) !!fllMBERSHIP IN SCIENTIFIC/PROFESSIONAL/HONORARY scx.:UH J..I'.:j Member, American College of Sports Medicine, 1984 to present Member, National Athletic Trainers Association, 1979 to present Member, Pittsburgh Orthopaedic Study Group 1980 to 1984 Member, Sports Physical Therapy Section of the American Physical Therapy Association. 1979 to present Member, Pennsylvania Physical Therapy Association. 1975 to present 4 Member, Neurology Section of the American Physical Therapy Association, 1990-present Member, Research Section of the American Physical Therapy Association, 1991- present Member, Geriabic Section of the American Physical Therapy Association, 1996-present ELECfED POSmONS HELD IN SCIENTIFIC/PROFESSIONAL/HONORARY SOCIETIES: Neurology Section of the American Physical Therapy Association Vice President, 1994- present Clairperson, Nominating Committee, Southwest Disbict, Pennsylvania Physical Therapy Association, 1992-1993 Member, Nominations Committee, Southwest District, Pennsylvania Physical Therapy Association, 1990-1993 Treasurer, Southwestern Disbict, Pennsylvania Physical Therapy Association, 1982 to 1984 Delegate to the National Convention, American Physical Therapy Association, June 1978 (Southest Disbict), 1979 (Southeast Disbict), 1982 (Southwest Disbict), 1991 (Southwest Disbict), 1993 (Southwest Disbict), 1994 (Southwest Disbict), 1996 (Southwest Disbict). 1997 (Southwest) APPOINTED POSmONS HELD IN SCIENTIFIC/PROFESSIONAL/HONORARY SOl.:lli'l Ie): Member, American Physical Therapy Association History Committee, 1996-present Roundtable Discussant, Combined Sections Meeting for the Neurology Section, February 16,1996 Chair, Pennsylvania Physical Therapy Association History Committee, 1994-1996 Member, Pennsylvania Physical Therapy Association Continuing Education Committee, 1993-1996 Clair, Southwest Disbict PPT A Education Committee, 1993-present Member of the Advisory Board of the Butler County Community College Physical Therapist Assistant Program, 1993-present Member, Southwest DisbictTask Force on Physical Therapy Aides, 1993 Chair, Southwest Disbict PPTA Archives, 1992-1995 Membership Chairman of the Neurology Section of the American Physical Therapy ~ation,1993-1994 Member, Research Section of the American Physical Ther py Association History Committee, 1991-present 5 Liaison to State Representative Richard Cessar for the Pennsylvania Physical Therapy Association, 1991-1994 Co<hair of the Faculty Network in Pennsylvania, 199O-present Member, Pennsylvania State Physical Therapy Public Laws Committee, 1987 to 1993 Manpower Chairperson for the Southwestern District, Pennsylvania PhysicalTherapy Association, 1983 (six months) Coordi':1ator for the Sports Physical Therapy Specialty Examination Questions for the Pittsburgh Area, 1983 Member, Registration Committee for the Pennsylvania State Meeting, Seven Springs, Pennsylvania, January 1982 Member, Southwestern District Education Committee, Pennsylvania Physical Therapy Association, 1981 to 1983 Chairperson, Continuing Education Committee, Southeastern District. Pennsylvania Physical Therapy Association, 1978 to 1979 CONSULTATIVE AND ADVISORY POSmONS HELD: Director, Vestibular Rehabilitation Program, Raymond E. Jordan Balance Lab, CORE Network. LLC, 1996-present (I presently treat patients at least one day a week and am working on developing systematic fonns to collect data on the efficacy of physical therapy intervention in patients with vestibular disorders and in those that fall, CORE Network's direction in the lab has allowed me to develop plans for clinical research in the lab with the additional support that we have received). Research Health Scientist, VA Medical Center, Highland Drive, Pittsburgh, P A. 1993- present (I work one day a week collecting data on people who are healthy older adults and also on those who have fallen at least two times in the last six months, We are presently starting to review the data to detennine whether we can write a follow-up grant). Manager of Physical Therapy at Eye and Ear Institute, 1990 to 1993 Director of Physical Therapy at the Raymond Jordan Center for Balance Disorders Univerisity of Pittsburgh Medical Center, 1986 to 1990 Consultant for the Pittsburgh Medicare Review Nurses, May 20, 1989. 6 COMMUNITY AenvrrIES: Volunteer, Bethelem Haven Shelter, 1996-present and 1989-1991 ceo co-instructor, St Bonnaventure Parish, 1996-present Hand in Hand Festival Physical Therapy Advisor 1987,1988,1990 Staff Physical Therapist at the University of Pittsburgh Medical Center, 1990-present Volunteer at the Shaler Community Library, 1992 Assistant Soccer Coach-1992-1993 Typist for the Shaler Soccer Oub, 1994-1995 Member of the Strategic Planning Committee Subgroup, Shaler Area School District,. 1995 Activities Director for Cub Scout Pack 560 1995-present GRANT ACTIVITY: Benninger M, Robinson C, Whitney S, "Application of Proprioceptive Orthoses to Fall Prevention in the Elderly" the Department of Veterans Affairs in October, 1995-96 for $120,000 (20% of my salary, Currently I spend one day a week at the VA hospital collecting data on older subjects, We are presenting some of the data at the Combined Sections meeting in Feb., 1997 and are studying whether intervention at the ankle joints can affect the subjects performance on balance tasks). Furman 1M. " Postural control in the elderly". I am a paid 10% of my time as a consultant to assist in the data collection of healthy older adults in the lab. Whitney S, Hughs C, Mucha A, Brandfass K "The Role of Augmented Feedback and Dynamic Step Training in Hemiplegia" SHRS Research and Development Fund, $750.00. (This project was funded but was not completed because both of the clinicians who were working on the project quit working at Harmarville Rehab Center) Robinson C Agarwal G, Redfern M. "Manipulating Joint Compliances and Ground Reaction Forces to Predict Falling Potential" Department of Veterans Affairs-Rehab R&:D Service, ($50,000,00). I was a co-investigator listed at 15" of my time ($10,000,00), It took the entire year to just get the device to work. The idea was generated in 1993 and to dale, no older subjects have yet been tested on the device although there are plans to begin to do it in the next year. 7 FurmanJMR. Redfern M, Whitney SL, Lederer J. "An Ambulatory Training System" from the Ben Franklin Partnership ($37,079,00) The idea for the use of a treadmill and different visual scenes was mine. All of the technical knowledge to make the idea work was supplied by the other three investigators. I have tested some subjects on the device but they are all so different, that it has been very difficult to publish anything because of their different symptoms and diagnoses. Furman JMR. Redfern M, Whitney SL, Lederer J, "An Ambulatory Training System" from the Ben Franklin Partnership ($39,783,00) Furman JMR. Redfern M, Whitney SL, Lederer J. "An Ambulatory Balance Training System", from the Ben Franklin Partnership ($42,920.00) Whitney SI.. "Comparison of Static vs, Dynamic Balance in Young Children", from the Physical Therapy Foundation ($4,500.00) This money was provided to me for my dissertation. I am presently re-writing an article from the dissertation in an attempt to publish it Un VIi. Whitney SI.. "The Effect of Ankle Taping on Isometric Contraction of the Peroneus Longus", from SHRP Research and Development Fund ($450.00), Summer, 1985, Poole JI,.. Whitney Sl. "Comparison of the Fugl-Meyer Assessment Form and the Motor Assessment Form", from the SHRP Research and Development Fund ($170.00), Summer, 1985. This information was later published in the Archives of Physical Medicine and Rehabilitation. Champlin T, Whitney Sl. "Effects of the External Patellar Stabilizing Brace on Quadriceps Force Output in Subjects with Chondromalacia Patella", from SHRP Research and Development Fund ($200.00), Spring, 1984. Whitney Sl. Gallagher 10, "Reliability of Isoklnetic Torque Measurements in Four, Five, and Six Year Old Children", from SHRP Research and Development Fund ($172.00) Spring, 1984. GRANTS SUBMfITED: Whitney SI.. "Comparlsion of a Moving Scene on Postural Sway in Healthy Young and Healthy Elderly" submitted to the American Physical Therapy Association (amount B requested $40,000 for one years post-doctoral fellowship-not funded). Although not funded, some prelimary work has been submitted to the Journal of Vestibular Research using a similar protocol). Casselbrant, M PI. Co-PI Redfern M, Furman J, Whitney S, "The Effect of Otitis Media on the Balance System" It is a 5 year grant that will be funded in 1997, I will be paid for 10% of my time and will be responsible for collecting functional "balance" measures in young children, We plan to follow the children over at least five years with hopes for a future grant to follow them into their teenage years. Redfern M, Whitney S, Furman J, Mazumdar M. "Biomechanics of gait on ramps and level surfaces" submitted for renewal to the Center for Disease Control February 1995 for $286,000 (not funded). My involement on this grant was to characterize the population of older adults based on their functional performance, We then planned to determine what relationship the functional performance measures had to their performance on ramp walking, Scientific and Professional Presentations Mucha A, Whitney S, Duncan P, Cox R, Yee J, Ratcliff G. "Predicitive classification in stroke rehabilitation: Development of an instrument" accepted abstract to Physical Therapy rn. Asher AM, Dunham T, Herdman S, Whitney S, "A case conference on an older person with vestibular dysfunction" an invited presentation for San Diego's Physical 'Therapy rn (June,19lJ7) Whitney SL. Reducing the Risk of Falling in Older Adults, An invited presentation to the Oregon Physical Therapy Association, March 8-9, 1997 Whitney SI.. Beninger M, Redfern M, Robinson C "Quiet standing in older adult fallers and non-fallers while wearing two different ankle supports". Accepted for platform presentation by the Geriatric Section for the Combined Section Meeting, Feb, 1997 C. Wells, Whitney SI.. Dauber]li, Manzetti]O, Zullo TG. "Can pulmonary function lest and arterial blook gas studies be used to predict tolerance to activities of daily livingr' Poster presentation for the Cardiopulmonary Section of the AYI'A, Feb, 1997 9 Whitney 51.., Redfern M, Furman J. "The relationship between the Physical Performance Test and gait speed in healthy older adults" (Platform presentation), Physical Therapy 96 Oune), Minneapolis, Minn Whitney SL. "Using a pro-con debate fomlat to teach current professional issues", (platform presentation), Physical Therapy 96 Oune), Minneapolis, Minn Whitney 51.. 'The Elderly: How can we identify and prevent people from fallingr' Washington State Physical Therapy Association Meeting, April 27-28, 1996 in Seattle, Washington Whitney 51.. "Balance: Functional Assessment and Treatment, West Virginia Physical Therapy Association Meeting, March 23,1996 in Clarksburg, WV Whitney SL (Invited Speaker), Clincial Management of Vestibular Disorders (February 29- March 2, 1996) Miami, Florida Wells CL, Whitney S1.., Paradis L Manzetti 10 "Comparing the Physical Performance Test (PJ7f) and the Sickness Impact Profile (SIP) in patients with the end-stage lung disease awaiting transplantation" at the Combined Sections Meeting, Atlanta, Georgia February 16, 1996 (platform presentation) Whitney 51.. "Balance Assessment in the Elderly" North Central Disbict of the Pennsylvania Physical Therapy Association, November 9,1995 Wells CL, Whitney S1.., Paradis IL, Manzetti 10, Rohay IM, "Relationship between the physical performance test (PPl) & 6 minute walk distance (6MWD) in patients with end stage lung disease (ESLD)", American Thoracic Society, Seattle, WA May 22, 1995, Whitney SL "Overview of Proprioception and Application to Rehab" Pennsylvania Athletic Trainers Association, State Col1ege, PA May 19, 1995 Whitney S1.., Vestibular Rehabilitation: "Therapist View of the Balance Disorder Patient and Are There Alternative Approaches (Emphasis) to Therapy. in Ann Arbor, Michigan May 19, 1995 10 Whitney SL "Specialization: Be the best that you can be" (Keynote address) Pennsylvania Physical Therapy Association Joint Special Interest Group Banquet, April 28, 1995 Poole J, Whitney SL "Can Balance Assessments Predict Falls in the Elderly? at the American Occupational Therapy Meeting in Denver, CO April 9, 1995 Whitney SL "Overview of Proprioception and Kinesthetics & their Application in Rehab" at the Pennsylvania Athletic Trainers Association Meeting at Penn State May 20, 1995 Whitney SL "Balance Assessment and Treabnent" at the Oklahoma State Chapter Meeting in Tulsa, OK April 1-2, 1995 Whitney SL. "Neurologic Practice Issues Forum" (Leader of the Panel) at the Combined Sections Meeting in Reno, NY February 12, 1995 CalVell G, Whitney S "Symposium and Forum on Neurologic Educational Models in Physical Therapy Programs" at the Combined Sections Meeting in Reno, NY February 10, 1995 Mann G, Whitney S, Redfern M, Borello-France D, Furman J "Functional Reach and Single Leg Stance in Patients with Peripheral Vestibular Disorders" at the Combined Sections Meeting in Reno, NY February 11, 1995 Whitney S, Borger 1.. Redfern M, Furnlan J "Correlation of Three Assessment Tools for Patients with Peripheral Vestibular Pathology" (poster Presentation) at the Combined Sections Meeting in Reno, NY February 11,1995 Whitney S "Objective Tools to Assess Balance in the Elderly: What is Best for my Practice?" at the Pennsylvania Physical Therapy Association Meeting, Philadelphia, PA November 5-6, 1994. Whitney S, "Oinical and High Tech Alternatives to Assessing Postural Sway in Athletes" at the National Athletic Trainers Association Meeting, Dallas, Texas June 11, 1994. Whitney S, Redfern M, Borello-France D, Kapeluski C, Zulioski N. "Speed of Gait in Patients with Vestibular Disease and Age Matched Controls" (poster Presentation), American Physical Therapy Association Meeting, Toronto, Canada, June 9, 1994. 11 12 Whitney S. "Exercises for Patients who have Vestibular Disease (90 minute presentation) at the American Physical Therapy Association Meeting, Toronto, Canada June 8, 1994. Miller S, Carvell G, Simons 0, Robinson C, Whitney S, ''The Relationship of Vibrissal Motor Cortex Unit Activity and Whisking in the Awake Behaving Rat" (platform Presentation) Presented at the National American Physical Therapy Association Meeting, Toronto, Canada, June 7, 1994. Whitney S. "Low Technology Assessment of Function and Predisposition to Falls in the Elderly" Presented at the Geriatric Special Interest Group Meeting, PPTA Midyear Meeting, April 29, 1994. Whitney S. "Group Facilitator for the Neurology Track at the PPTA Midyear Meeting", April 29, 1994. Whitney S, Mattocks L "Reliability of Girth Measurements on the Right and Left Extremities" (poster Presentation) Presented at the Combined Sections Meeting, FebruaJY 6, 1994, Whitney S, "Differences between the B.S. program and the new MPT program at the University of Pittsburgh: How prepared are graduates for direct access?" PPTA Fan Meeting, November, 1993, Whitney S. "Vestibular Rehabilitation" at the University of Pennsylvania Hospital Grand Rounds, November 12, 1993. Whitney, S. "Oinical Measures of Balance" Southwest District of the PPTA, September 12, 1993. Whitney S, Gallagher J, Redfern M: "Test-Retest Reliability of Five Year Old Children on a Moving Posture Platfornl", (Poster Presentation), Presented at the American Physical Therapy Association Annual Meeting, June, 1993 Gentile, P, Irrgang J, Whitney S: "Reliability of Functional Performance Tests Designed to Identify Deficits in Anterior Cruciate-Deficient Athletes" (poster Presentation), Presented at the American Physical Therapy Association Annual Meeting, June, 1993 Walsh M, Whitney 5, France 0: "Intra-subject Variability During the Single Leg Stance Test" (poster Presentation), Presented at lhe American Physical Therapy Association Annual Meeting, June, 1993 Whitney 5, Kolb M, Pascasio A, Burdelt R: "The History of the 0, T, Watson Educational Program" (poster Presentation), Presented at the American Physical TIlerapy Association Annual Meeting, June, 1993 Whitney 5, Scully R. Burdett R: "The History of the University of Pittsburgh Physical Therapy Educational Program" Presented at the American Physical Therapy Association Annual Meeting, June, 1993 Whitney 5, France 0: Objective Measures of Balance: What's New? (90 Minute Presentation) Presented at the American Physical Therapy Association Annual Meeting, June, 1993 Pezullo 0, Whitney 5, Irrgang J: "A Comparison of Vertical Jump Enhancement Using Plyomelrics and Strength Footwear Shoes Versus Plyomelrics Alone" (poster Presentation) Presented at the Combined Section Meeting of the American Physical Therapy Association, February, 1993 Johnson N, Whitney 5: "Networking in Pennsylvania: How it works", (poster Presentation) Presented at the Combined Section Meeting of the American Physical Therapy Association, February, 1993 Beichner OM, Gentile PA, Irrgang 11, Kamkar A, Pezul10 OJ, Whitney 51.: "Reliability of Girth Measurements of the Lower Extremity" (poster Presentation) presented at the American Physical Therapy Association Meeting in Denver, Colorado, June, 1992 Whitney SI.. Berel1o-France 0: ''Treahnent of the Patient with Peripheral Vestibular Disease" (90 minute presentation), American Physical Therapy Association Meeting in Denver, Colorado, June, 1992 Whitney 51. Bates R: "Preserving Our Past An Overview of How to Perform Historical Research" (90 minute presentation), American Physical Therapy Association Meeting in Denver, Colorado, June, 1992 13 Whitney S1.: "Vestibular Rehabilitation" at the University of Michigan Medical School, Ann Arbor, Michigan (May 12-14, 1992) Whitney SL. Raasch-Mason P: "Quantitative Assessment of Motor Control in Hemiplegic Patients" Life After Stroke Conference, St. Louis, MO, May 1, 1992 Hu HS, Whitney 51.. Irrgang J, Jansoky J: " Test-Retest of the One- Legged Vertical Jump Test and the One-Legged Standing Hop Test", (Poster Presentation), Combined Sections Meeling, San Francisco, Calif, February 9, 1992 Nashner I.. Whitney S: II Automatic and Volitional Postural Control: Theoretical Basis and Oinical Applications", Massachusetts Chapter Meeting, October 25-27,1991. Whitney S1.: "Vestibular Rehabilitation" at the University of Michigan Medical School, Ann Arbor, Michigan (October 24,1991) Whitney SI.. Raasch-Mason P: "Quantitative Assessment of Motor Control in Hemiplegic Patients, (90 minute presentation) APfA Annual Conference (Boston), 1991. Whitney S1.: Vestibular Rehabilitation al the University of Pittsburgh School of Medicine and Deparbnent ofOlolaryngology Mini-Seminar Otology Update, May 18, 1990 Beach MI.. Whitney SL. Dickoff S: The correlation of internal-external strength ratio and shoulder flexibility to "Swimmers Shoulder" APfA Combined Sections Meeting (Orlando), 1991. Billek-Sawhney BJ, Whitney SL. Sawhney R, Furman 1M, Potter C: The assessment of static balance API'A Combined Section Meeting (Orlando), 1991. Billek-Sawhney BJ, Whitney SL. Sawhney R, Furman 1M, Potter C: Postural stability related to ankle dorsiflexion APfA Combined Sections Meeting (Orlando), 1991, Blalchly CA, Whitney SL. Furman 1M: Subjective measures of dizziness and objective measures of balance: Is there a relationship? APfA Combined Section Meeting (Orlando) 1991. 14 Blatchly CA, Whitney S1.., Furman 1M, "The relationship between measures of dizziness and measures of balance" at the Thirteenth Annual Allied Health Research Forum, Chicago, nI, April 9, 1991. Un YH, Whitney SL: The effect of ankle taping on isometric contraction of the peroneus longus. APfA Combined Section Meeting (Orlando) 1991. Wang SS, Whitney S1.., Burdell RG: Lower extremity muscular flexibility in long distance runners. APfA Combined Section Meeting (Orlando), 1991, Beach ML. Whitney S1.., Dickoff SA: ''The Correlation Between Shoulder Flexibility, External/Internal Rotation, Abduction/Adduction Strength and Endurance Ratios to Shoulder Pain in Competitive Swimmers, Annual Pennsylvania Physical Therapy Association, November 1990. Whitney SL:"Vestibular Rehabilitation for the Worker with Dizziness" American College of Occupational Medidne State of the Art Conference (Pittsburgh) October, 1990. Kamerer 0, Furman JM, Whitney SL: "Vestibular Rehabilitation Therapy." American Academy of Otolaryngology, Head and Neck National Conference (San Diego) 1990. Bil1ek B, Whitney S1.., Furman JM, Potter C: "Objective Measurement of Postural Stability", American Physical Therapy Association Meeting (Anaheim), 1990. Poole JL, Whitney SL: "Quantitative Assessment of Motor Control in Hemiplegic Patients" American Occupational Therapy Association Meeting (New Orleans), 1990, Furman JM, Kamerer 0, Whitney SL: "Vestibular Rehabilitation Therapy." American Academy of Otolaryngology, Head and Neck National Conference (New Orleans) 1989. Poole JL, Whitney SL: "Use of Inflatable Air Splints as an Adjunct to Treatment of Hemiplegia", American Occupational Therapy Association Meeting (Baltimore) 1989. Whitney S1.., Blatchly C, Furman 1M: An Integrated Approach to Vestibular Rehabilitation, Annual American Physical Therapy Association Meeting, (NashviUe), 1989. 15 Whitney SI.. McMahon L, Burdett R: Reliability of Hand Held Dynamometry at Three Different Lever Arms/ Annual American Physical Therapy Association Meeting (Nashville) 1989. Whitney SI.. Gallagher]O: "Strength Testing of Five to Seven Year Old Children" (Research Presentation) EDA-AAHPERD Convention, (Philadelphia), 1988. Burdett RG, Whitney SL: "Reliability of Hand Held Dynamometry for Measuring Muscle Strength." (poslEr Presentation) Annual American Physical Therapy Association Meeting (San Antonio) June 1987, Poole JL, Whitney SL: "Comparison of the Fugl-Meyer Assessment Fonn and the Motor Assessment Fonn", Annual American Physical Therapy Association Meeting (Chicago), June 1986, Whitney SL: "Influences of Verbal versus Kinesthetic Feedback on Accuracy in Subjects with Left Hemiplegia, Pennsylvania Physical Therapy Association Annual Conference, November 1985. Rogers V/ Nirsch R, Whitney SL: "Development of Motor Coordination Skills Related to Toothbrushing-A Training Manual for Physical Therapists", Seventh Congress of the International Association of Dentistry for the Handicapped, AmslErdam, the Netherlands, SeplEmber, 1984, Whitney SL. "Women in Sports: It's a Whole New Game", at Sl Margaret Memorial Hospital Sports Medicine Center, December 28, 1983, CONTINUING EDUCATION WORKSHOPS CONDUCfED/ORGANIZED: Objective Measures of Balance for Advanced Educational Seminars in Long Beach. CA. Indianapolis, IN and Charleston, SC (1995) Falls in the Elderly, Whiting, New Jersey September 23,1995 Assessment and Treabnent of Patients with Vestibular Disorders at the University of Pittsburgh. September 3O-October 1, 1994. 16 Vestibular Rehabilitation with Physical Therapy Involvement, Carrington South Rehabilitation Center, August 25, 1994, Current Concepts in Balance Disorders, New Jersey's Neuroscience Institute and JFK Johnson Rehabilitation Institute, March 25, 1994. Objective Measures of Balance, University of Pennsylvania Medical Center, Physical Medicine and Rehabilitation Grand Rounds, October 12, 1993. FaIls in the Elderly: Assessment and Intervention, University of Pittsburgh Medical Center, October 9,1993 (c() rhair) Lectured at the University of Michigan's course entitled "Vestibular Rehabilitation" May 13- 14,1993, Theoretical and Oinical Aspects of Postural Control in Johnstown. PA, April 17, 1993 Assessment and Treabnent of Patients with Vestibular Disorders, Loyola Medical Center in OUcago, March 28-29, 1993, Assessment and Rehabilitation of Vestibular and Balance Disorders, July 31-August 1, 1992 in Pittsburgh, P A Current Issues in Movement Control and Dysfunction, February 22, 1992 at Allegheny County Community College Current Issues in Movement Control and Dysfunction, March 9, 1991 presented by the Southwest Disbict of the Penna Physical Therapy Association, Otology Update - Vestibular Rehabilitation, May 18, 1990. Pr for Patients with Balance Disorders for the Pittsburgh Society of Otorhinolaryngology and Head-Neck Nurses, June 7, 1989. Current Concepts in Balance - A Seminar for Oinicians, Pittsburgh, PA 1989, The Use of PNF in Rehab of the Shoulder, August 1986. 17 PNF for Occupational Therapists - St Margaret's Hospital, January 1984. MANUSCRIPr REVIEWER Journal of Orthopedic and Sports Physical Therapy Physical Therapy Guest Reviewer for IEEE Tranactions on Rehabilitation Engineering Guest Reviewer for PT Magazine Guest Reviewer for Athletic Training Guest Reviewer for the Journal of Sports Rehabilitation SERVICE AT NATIONAL MEETINGS: Session Chair for: Topics in Physical Agents, APTA National Meeting (Nashville, TN), 1989 Session Chair for: Neurologic Physical Therapy Platform Presentations, Cinnanitti, OH (1990) and at the Canadian/ American Physical Therapy Meeting (1994), Session Vice-Chair for: World Conferation Meeting of Physical Therapists in Washington. DC (1995). PUBLICATIONS: Whitney, 5.1.. "The University of Piltsburghs Program in Physical Therapy". Whirlpool, Vol. 7, No.3, 1984. Whitney, 5.1.. In Scully, R., Barnes, M. Caufield, J., Shepard, K, Moffat, M.,: Phvsical Therapv. J.B, Lippincott Company, Chapter 30 -Physical Agents - Heat, Cold, Hydrotherapy, Philadelphia, 1987, Poole, J.l.., Whitney, 5.1.. "Comparison of the Fugl-Meyer Assessment Form and the Motor Assessment Form", Arch Phy Med & Reh. 69:195-197, 1988, Poole, J" Whitney, 5,1.. "Use of an Inflatable Air Splint on Hemiplegics" Occupational Therapy Journal of Research, Vol. 10 (6): 360-366, 1989, . Whitney, 5.1.., Blalchley, C,A, "Dizziness and Balance Disorders" Cinlcal Management, Vol. 11(1): 42-47, 1991. 18 Kamerer 0, Furman J, Whitney S: Vestibular System Evaluation and Rehabilitation" In Johnson 11, Derkay C, et al (Ed): Instructional Courses. Volume 4, Sl Louis: Mosby- Year Book, Inc,320-332, 1991. Pezzu1o, D., Irrgang, ]., Whitney, S. "Patellar Tendinitis: Jumper's Knee", Journal of Sports Rehabilitation, 1(1): 56-68,1992, MaMahon, 1..M., Burdett. R.G., Whitney, S.L, "Effects of Muscle Group and Placement Site on Reliability of Hand-Held Dynamomeby Strength Measurements" J05Pf 15(5):236-242, 1992. Irrgang, J, Whitney, S, Hamer, C. "Non-Operative Treabnent of Rotator Cuff Injuries in Throwing Athletes", Journal of Sport Rehabilitation, 1(3):197-222, 1992. Kamkar, A, Cardi, C, Whitney, S "Evaluation and Treabnent of Superior Subluxation of the First Rib", Journal of Sport Rehabilitation, 1(4):300-316, 1992. Beach. M, Whibtey, S, Dickoff, S, "Relationship of Shoulder Flexibility, Strength, and Endurance to Shoulder Pain in Competitive Swimmers", Journal of Orthopedic and Sports PhYSical Therapy, 16(6):262-268, 1992. Poole, J., Whibtey, S. "Inflatable Pressure Splints (Airsplints) as Adjunct Treabnent for Stroke Patients" Physical and Occupational Therapy in Geriatrics, 11(1):17-27, 1992. Wang, 5., Whibtey, S,1.., Burdett, R, Janosky, J. "Lower Extremity Muscular Flexibility in Long Distance Runners" Journal of Orthopedic and Sports Physical Therapy, 17(2):102-107,1993. Kamkar, A, Irrgang, J, Whibtey, S. "Non-Operative Management of Secondary Shoulder Impingement Syndrome" Journal of Orthopedic and Sports Physical Therapy, 17(5):212-224,1993, Whitney,S, Paschal, K. "Letters of Recommendation for Prospective Students", Pf Magazine of Physical Therapy, July 68-71, 1993, 19 Whitney, S1., Walsh MK. "The Home Exercise Routine for Vestibular Physical Therapy" in Aronberg, I (Ed), Dizziness and Balance Disorders, New York: Kugler Publications, p.721-735, 1993. Irrgang J, Whitney S, Cox E. "Balance and Proprioceptive Training for Rehabilitation of the Lower Extremity", Journal ofSporl Rehabilitation, 3:68-83, 1994. Borello-France, D" Whitney, S.L., Herdman, S. In Vestibular Rehabilitation by S Herdman (Ed) "Assessment of Vestibular Hypofunction" and "Treabnent of Vestibular Hypofunction", Phila: F. A, Davis Company, p.245-313, 1994, Mattocks, 1., Whitney, S, "Snapping Scapula Syndrome" Journal of Sports Rehabilitation, 3:331-352, 1994 Allegrucci, M, Whitney S, Irrgang J. "Oinicallmplications of Shoulder Instability Overlap in Freestyle Swimmers" JOSPT 20(6):307-318,1994. Allegrucci, M, Whitney S, Lephart S, Irrgang J, Fu F "Shoulder Kinesthesia in Healthy Unilateral Athletes Participating in Upper Extremity Sports" JOSPT, 21(4):220-226, 1995 Whitney S, Mattocks 1., Irrgang J, Gentile P, Pezzullo D, Kamkar A, "Reliability of lower extremity girth measurements and right-left side differences" Journal of Soorls Rehabilitation 4:108-115,1995 Whitney S, Carvell G, Integration of Science and Practice in the Treabnent of the Patient with a Neurologic Movement Disorder. Neurolo2V Report, 20(1):28 33, 1996 Mann G, Whitney S, Redfern M, Borello-France D, Furman J. Functional reach and single leg stance in patients with peripheral vestibular disorders. Journal of Vestibular Research, 6(5(:343-353, 1996 Borello-France D, Whitney SL. Physical therapy management of a patient with bilateral peripheral vestibular loss: A case report. Neurolol!V Report, 20(3):54-60, 1996 Whitney S1., Borello-France D, Bilateral vestibular disease: An overview, Neurologv Report, 20(3):41-45, 1996 20 WeDs a.. Whitney 51.. The reliability of the Physical Perfonnance Test in the clinical setting for patients with end stage lung disease and lung transplant recipients. Cardiopulmonary Physical Therapy, 7(4):9-11, 1996 PENDING PUBLICATIONS (In Press): ARTICLES UNDER REVISION FOR PUBLICATION: Whitney, S. Differential Diagnosis of Dizziness in the Older Adult in Kauffman T. Rehabilitation Manual for the Aging Patient (publication pending) ARTICLES SUBMITTED FOR PUBLICA nON: Wells C, Whitney 5, Paradis L Manzetti J, "Functional mobility in lung transplant condidates: Objective assessment and patient self-report" submitted to Lung in January, 1996 Whitney 51.., Poole JL, Cass so. "A review of balance assessments for older adults" submitted to the Journal of Occupational Therapy August. 1996 Borger 1. Whitney 5, Redfern M, Furman J. "The influence of dynamic visual environments on postural sway in the elderly" submitted to the Journal of Vestibular Research, Septemeber, 1996 AUDIOVISUAlS: Teaching the Hands that Heal: A History of Physical Therapy Education in Western Pennsylvania, 1992 'The Display for the Thirty Year Celebration of the Section on Research, 1995 SERVICES TO THE UNIVERSITY/COLLEGE/SCHOOL ON COMMrrrEES/COUNCII.S/ COMMISSIONS: Chair, Nominating Committee for the Search for the Vice Chancellor of the Health Sciences, 1996-W Member, Faculty Grievance Committee, 1996.W 21 Chair, Senate Educational Policies Committee, 1996-present Member, Universily of pittsburgh Planning and Budgeting Committee, 1996-present Vice-Chair,SHRS Faculty, 1996-1997 Member, SHR5 Safcty Committee, 1996-present Member, SHR5 Appointment, Promotion, and Tenure Committee, 1995-present Member, University Review Committee of the Planning and Budgeting Process, 1995-96 Co-Chair, Senate Educational Policies Committee, 1995-% Member, Faculty Senate 1995-present Chair, SHR5 Nominating Committee 1995-96 Member, SHR5 Nominating Committee 1994-95 Member, Faculty Asscmbly, 1994-present Member, SHR5 Planning and Budget Committee, 1993-1994 Member of Foundcrs Day Committee, 1993-present Member, Senate Committee on Educational Policies, 1993-present Member, PI' Curricululll Committee 1993-present Member, Physical Thcrapy Deparbnents Budget and Planning Committee, 1992-1994 Chainnan, SHRS Nominating Committee 1992-93 Chainnan, SHRS faculty 1991-1992 Member, SHRP Dcans Search Committee 1989-90 Member, SHRP nudget Policy Committee 1988-92 Member PI' Departmcnt's Chairman Search, 1988 Member, Deans Scarch Committee, 1989 Member, SHRP Safcty Committee Chainnan, SHRP Faculty 1986 to 1987 SHRP representative for Merger Discussions, 1986 Chair elect, SHRP faculty 1985 to 1986 Member, Dean's Sc,lrch Committee, 1984 Secretary, School of llealth Related professions Executive Committee, 1984 to 1985 Member, School of llc.llth Related Professions Admissions Committee, 1984 to present ChairperSOn, NOIllin.lling Committee for SHRP, 1982 to 1983 ~. CURRENI TE:\CllING RESl'ONSmILlTIES IN THE PHYSICAL THERAPY DEPARTMENT: Entrv ~l MPT Pro!'.ram: PI' 2061 PI' 2062 PT Theory and Practice: PI' procedures I rr Th('ory ,lnd Practice: PT Procedures n (Summer Session 1) 22 Pr 2063 Pr 2081 Pr Theory and Practice: Pr Management ill (FaIl Tenn) PT :-el11inilr I (Fall Tenn) Co-ordinator of thc Neuromuscular area for the entry level program. Graduate Post-Pro(("ssional Masters Prol!:ram: SHRS 2357 Neuro!o:iic Physical Therapy 2 (Summer Tenn) Past Graduate COlll'Sl"S To1lll!:hl: SHRS 2380 SHRS 2381 Pl'cvenlion and Management of Athletic Injuries I (Spring Tenn) Prc\'enlion and Management of Athletic Injuries n (5uIII I11CI' Teml) PT Spol'ls Seminar (Spring Tenn) Clillie,l) DC'Cision Making in Sports PT (Summer Tenn) SHRS 2389 SHRS 2388 Past MPr CoUl'sC''' 1'" III~hl: Physical Agenls Mu.sculoskeletall'h)'sicill Therapy (2 courses) Introduction to 1":' ~::;ills ,md Practice CONTINUING FI,t',::,..\TION ATIENDED: Motor Control .m.1 l.e,lrning in the Rehabilitation of the adult neurological patient Univeristy of l'iIlsbul'gh Occupational Therapy Alumni 1996 Special Lecture Series, September 27-2S,! ')<)(, Combined Sections Meeling (Atlanta, Georgia) February 14-18,1996 Combined Sections ~ feeling (Reno, Nevada) February 8-12, 1995 World Confedcr.::::1" ~ Iccting for Physical Therapists, Washington, DC, 1995 Coalitions for ell' .', ';\',IIS II (Durham, Nq, June 24-27,1994 Combined Sectiolls f\ IL'Cling (New Orleans), Feb 2-6, 1994 Component Lc.l;1 .:' :.:1' \\'orkshop, April 18-20, 1993 Combined Sec\iO;l~ ~,k'Cling (San Antonio), February, 1993 Time Managem ,-. i ,: hI' f\l.magers, Jan 20, 1993 Oinieal Manag(';.. '.11 01 V cstibular Disorders, December 34, 1992 VestibularPrilc!' :.::, December 5, 1992 23 Impact II (Ballinwl'c), September 17-20,1992 The Fifth AnnU.l! P.m!hcr Sports Medicine Symposium (Pittsburgh) April, 1992 Pennsylvania PI':."".".;l Therapy Mid-year meeting, 1991, 1992, 1994, 1995 Combined Seeli(l.,~ ~,:ceting (San Francisco), February, 1992 Combined Seetio:,'; /.ll'cling (Orlando), January, 1991 The Fourth AnrHl.~: l'.lIllherSports Medicine Symposium (Pittsburgh) Dec. 1990. IIStepConfercnc:', ;:i!)' 5 -13, 1990 Clinical Decisiol1 ~.;.;:.: 11:': in Physical Therapy Practice, Educa tion. and Research, October 2- 5, 1988. New Perspecti\'es 011 n,ll.lnCe and Coordination: Neurophysiological Basis for Evaluation and Trc,l~.:: ''':, Feb. 29, March 1,1987, ThoracicOullcl':' -: . ...I\!'crcnce, January 5,1987 Rock Eagle COI;:'.: ,':.' Oil Clinical Education, 1986 Dance Medicin:. :....:::::.:r, Scptember28, 1986 Pennsylvania ^:: : '::. '1'1'.1 i l1ers Association Conference May 5-6, 1986, May 20, 1995 PrManagemell! .":...:t:;nalic Head Injury, May 26-28, 1986. Physical Ther.l:':' :. .......l1lions for the Elderly, May 17, 1985 Bobath Inlerdis:'. .:: Techniques Teleconference, January 29, 1985 Teleconference 011 I\lIlolr.1Ction-Elecbical Stimulation, February 15,1985 Strategies for ^"". .::.":::, October 25-27, 1984 Evaluation and': "., l. 'nl of Spinal Disorders, Decemberl-2, 1984 Clinical Implic.:' ..: ~dllsc1e Physiology, July 16, 1983 Combined See:: '. :::'1:. Nashville, Tennessee, 1983 Orthotics Colli'. .: "1'1-3,1982 Electrotherapy, .:i 101'5 Course, August 2-6, 1982 Sports Medici" . : '.: lilli, March 26, 1982 Audited HRP 7 . . . .1)' Molor Learning I Course, SHRP Graduate Program, University ofPills!....::.ierTenn,1982 Propriocepti\'e ; . .... !'icular Facilitation Course, January 10-15, Pittsburgh Orl: .; ,"ly Group Meeting, January 30-31, 1982 Orthopaedics (. .' !~.1Ck, November 13 and 15, 1981 The Learning '. mphysiological Concepts in Human Behavior, September 17-25, 1981 Advanced Fir.;: . National Alll!:-: Recertified as ., .' Surgical and ~.: Completion S.' 1982 ,,',..', 1981 .~ Conference, 1981, 1986, 1994 '. . :dor, December 1978, 1980 . :.ll:ementofSpinal Cord Injuries, September 11-15,1978 . i' Training Level L January-March 1978 24 Todd Champ'.. "1 Effect of External Patellar Stabilizing Device on Quadriceps Force Output in Subjects With Chondromalacia, 1984 Barbara Butler Relating Life Events, Disability, and WaddeIl Testing in 1'.llients with Low Back Pain, 1994 Jay Coutier The effect of early weightbearing on the ankle post acute .lnkle injury, 1993 Osamu Fujinilw,l The Effects of the Neck Position on Muscle Torque at the Knee During Isokinetic Exercise, 1986 Pam Gentile I{eliability of Functional Performance Tests Designed to Ilcntify Functional Deficits in Anterior Cruciate-Deficient .'.lhletes,1992 AnnieHu Test-Retest Reliability of the One-Legged Vertical Jump and the One-Legged Standing Hop Test, 1991 Ruth I<amin~!' i t\ Comparison of Static Balance in Professional BaUet Dancers .~n" Healthy Active Controls, 1991 Yang Hua Linn ';'he Effect of Ankle Taping on Isometric Contraction of the : .'roneus Longus, 1986 Gwen Mann Functional Reach, Single Leg Stance, and the Dizziness : :.lIldicap Inventory: How are they related? 1994 Sherry Mascio The Effects of an Ankle-Foot Orthosis on Hemiplegic ,'.llIbulation,1994 Lany Mattoch (;oniometric Measurement of Arm Elevation in Three Planes of , \Jlion, 1994 Anne Mucha ~ 'evelopment of the Harmarville Stroke Assessment Tool. 1995 26 David pezuJlo ^ Comparison of Vertical Jump Enhancement using I'lyometrics and Strength Footwear Shoes versus Plyometrics !'dolle,1992 DOMa Scott Comparison of Two Methods of Measuring ~"!pination/Pronation at the Wrist, 1993 Mary Kay W.,Ir,h Inlra-subject Variability During the Single leg Stance Test, 11)1)2 Shinju Wang 'ower Extremity Muscular Flexibility in Long Distance I 'lllners, 1990 Committee I\f,..,.l','r Unda Bryce Lrur Associated with Hand-Held Dynamometer, 1993 Ching-Fang n" I '!~"I '":'C Intratester Reliability of the Flexible Ruler and the Fluid- Filled Goniometer in Measuring Lumbar Lordosis, 1991 Carol Probst !",f1uence of Hip Abduction Strength on Postural Sway in Elderly Females, 1989 Valerie Radic The Affects of Stretching and Strengthening Exercises on a Lordotic Posture: A Single Case Design, 1992 Michelle Vir;f'f"';' T~,e Effect of the Incident of Low Back Injuries among Continuously Employed Nurses after a Lay Off, 1995 Antonio ZUlOolg,1 rffcct of Pelvic Rotation During Passive Straight-leg-Raising in the Assessment of Hamstring Tightness Using a Fluid Filled Goniometer. A Reliability and Validity Study, 1991 Doctoral Co.n !" -.. "f' ~., "In b r Iverson Lad(,l\i:~ t . ,,' of Task Specific Cues and Manipulation of Environmental Distractors to Enhance Children's Selective Attention, 19901 27 CERTIFICATE OF SERVICE I, Jessie K. Walsh, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFF'S PRETRIAL MEMORANDUM upon all counsel of record via postage prepaid first class United States mail addressed as follows: C. Kent Price, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Counsel for Defendant .., I '\.... L,N '- n (( (....f./.;}.[t. Jessie K. Walsh Dated: ...../-,) \ ' q r, 5 ~ c() ! S f i~!.- ..i:~ ! " t t a:> ~ j i ~ I j ~ i I ~ ., , . . . ~-\ APR24~ v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-5049 : CIVIL ACTION - LAW EDSEL PICKLESIMER, Plaintiff HF.ALTHSOUTH REHABILITATION CORPORATION, HEAL THSOUTH OF MECHANICSBURG. INC. tld/b/a HEALTHSOUTH REHABILITATION HOSPITAL OF MECHANICSBURG, Defendants : JURY TRIAL DEMANDED DEFENDANTS' PRETRIAL MEMORANDUM I. ~ FACTS AS TO LIABILITY The Plaintiff, who suffered from paraplegia of the lower extremities following an automobile accident, was undergoing a course of out-patient therapy at the Healthsouth Rehabilitation Hospital in Mechanicsburg, which included ambulation skills. The goal of this program of therapy was to assist the Plaintiff In reaching the highest level of independence in the context of his significant disability. As of April 27. 1994 the Plaintiff had progressed to the point where he was able to walk short distances with the assistance of a brace on his left leg/ankle and a quad cane. At this stage of his therapy, the Plaintiff was walking with distant suoervision by his physical therapist. In distant supervision the physical therapist is approximately 2-3 feet away from the patient without there being any physical contact or connection between the two. On April 27, 1994 the Plaintiff was undergoing therapy which included walking in the hallway with his therapist. Sharon Manifold, who was walking to the right and slightly rearward of the Plaintiff, approximately 2-3 feet away. As they were walking together. someone called out the Plaintiff's name and he tumed his upper torso to look back in the direction from which the voice had come, at which time he lost his balance and fell to the floor on his right side, fracturing his right hip. II. WlC FACTS AS TO DAMAGES Refer to Plaintiff's Pretrial Memorandum III. PRINCIPAL ISSUES OF LIABILITY AND DAMAGES Whether the care provided by the physical therapist was below the applicable standard of care and, if so, whether the breach was a substantial factor in the harm suffered by the Plaintiff. IV. LEGAL ISSUES RE: ADMISSIBILITY OF TESTIMONY. EXHIBITS. OR OTHER MATTERS None known or anticipated. V. WITNESSES Sharon Manifold Mary Bulo Barb Tobias Amy Jo Misera Ruth Matthews Representatives of Healthsouth Rehabilitation Hospital of Mechanicsburg Any person identified during discovery VI. ~ Medical records Photographs and/or diagrams of the area of the incident 2 CEBllflCATE OF SERVICE AND NOW, this 'llf day of April, 1998, I, C. KENT PRICE, ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendants, hereby certify that I have this day served the within Defendants' Pretrial Memorandum by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Michael J. Navitsky, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 THOMAS, THOMAS & HAFER, LLP 0-~R C. Kent Price, Esquire EDSEL PICKLESIMER, . . Plaintiff . . . . VS. . . . . HEALTHSOUTH REHABILITATION . . CORPORATION, HEALTHSOUTH OF . . MECHANICSBURG, INC. t/d/b/a . . HEALTHSOUTH REHABILITATION : HOSPITAL OF MECHANICSBURG, . . Defendants . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 75" _')/41 (I, (11 ( <...)1 ( /F'- 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 TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator cumberland County Courthouse Fourth Floor Carlisl., PA 17013 (717) 240-6200 EDSEL PICKLESIMER, . IN THE COURT OF COMMON PLEAS . Plaintiff . CUMBERLAND COUNTY, PENNA. . . . VS. . NO. . . . HEALTHSOUTH REHABILITATION : CIVIL ACTION - LAW CORPORATION, HEALTHSOUTH OF . . MECHANICSBURG, INC. t/d/b/a HEALTHSOUTH REHABILITATION HOSPITAL OF MECHANICSBURG, Defendants . JURY TRIAL DEMANDED . NOTICIA La han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expueatas en las paqinaa siquientes, usted tiene viente (20) 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 aboqado y archivar en la corte en forma escrita sus defensas 0 sus objectione. a laa demanda. en contra de su persona. Sea aviaado que ai usted no se defiende, la corte tomara aedidas y puede entrar una orden contra usted sin previa avi.o 0 notificacion y por cualquier queja 0 alivio que es pedido en la petie ion de demanda. Usted puede perder dinero 0 BUB propiedades 0 otro. derecho. importante. para usted. Court Administrator CUmberland County Courthous. Fourth Floor Carlisle, PA 17013 (717) 240-6200 LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. 8I NO TIENE ABODAGO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL 8ERVICIO, VAYA EN PERSONA 0 LLAME PaR TELEFONO A LA OFICINA CUYA DIRECCION 8E ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE 8E PUEDE CONSEGUIR ASISTENCIA LEGAL. EDSEL PICKLESIMER, . IN THE COURT OF COMMON PLEAS . Plaintiff . CUMBERLAND COUNTY, PENNA. . . . VS. . NO. . . . HEALTHSOUTH REHABILITATION CIVIL ACTION - LAW CORPORATION, HEALTHSOUTH OF . . MECHANICSBURG, INC. t/d/b/a . . HEALTHSOUTH REHABILITATION . . HOSPITAL OF MECHANICSBURG, . . Defendants . JURY TRIAL DEMANDED . COMPLAINT 1. Plaintiff, Edsel Picklesimer, is a person of the full age of majority and resident of Fairview Township, York County, Pennsylvania. 2. Defendants, Healthsouth Rehabilitation Corporation, Healthsouth of Mechanicsburg, t/d/b/a Healthsouth Inc. Rehabilitation Hospital of Mechanicsburg, are for profit aedical institutions which in 1994 and all material times herein had .edical facilities and offices located in Mechanicsburg, CUlIIberland County, Pennsylvania. 3. At all relevant times herein, the Defendants, through its aqents, apparent agents, servants, and/or employees provided physical therapy to the Plaintiff. 4. At all relevant ti.es herein, Defendants had the right and duty to exercise control, authority, and/or supervision over the agents, apparent agents, .ervants, and/or employee. who provided physical therapy to the Plaintiff. !S. At all relevant times herein, Plaintiff reasonably relied upon Defendants' expertise, competence, professionalism, and training of its agent., apparent agents, servants, and/or .mploy.... 6. At all relevant times herein, Plaintiff was receiving physical th.rapy for injuri.s sustained in an August, 1992 automobile accident which had partially paralyzed his lower extremities. 7. The incident mad. subject of this litigation occurr.d on or about April 27, 1994 at approximately 10:50 a.m. while Plaintiff was receiving physical therapy. 8. Plaintiff's physical therapy included walking with a quad cane in a hallway outside of the physical therapy room while accompanied closely by one of Defendants' physical therapists. 9. On the afor.said date and tim., Plaintiff wa., in fact, Walking with a quad can. in a hallway outside of the physical th.rapy room when h. was allow.d to fall, breaking his right hip. 10. While Plaintiff had initially been accompani.d by Def.ndant.' physical th.rapi.t on hi. walk in the hallway with the us. of a quad can., the physical th.rapist .topp.d to .peak with .omeone el.e, or oth.rwise failed to remain clo.e to Plaintiff. 11. The afor..aid accid.nt occurred near the nur...' .tation in the hallway of the Defendants' facility. 12. De.pit. the fact that Def.ndant.' physical th.rapi.t alway. walked directly behind Plaintiff on his right .ide (w.ak side) to correct his balance and to catch him should he faU, Defendants' physical therapist was not near him at the time of the accident. 13. Defendants knew that Plaintiff required physical therapy to improve his balance and part of his therapy was to walk with the aforesaid quad cane while havinq his riqht lower leq braced. The purpose of physical therapy was to help develop balance and Plaintiff's ability to ambulate. 14. Despite this knowledqe, Defendants, throuqh their physical therapist, failed to quare! aqainst Plaintiff faUinq durinq physical therapy. 15. Defendants were neqliqent in allowinq Plaintiff to fall durinq the aforesaie! physical therapy, and in failinq to tell or warn him that the therapist was not there to prevent him from fall1nq. 16. Defendants were further neqliqent in failinq to instruct its physical therapist never to leave a patient's side or proxiaity durinq this type of physical therapy involvinq a patient in the condition as was Plaintiff at the time. 17. Defendant. were further neql1qent in failinq to warn Plaintiff that it. phyaical therapist would not alway. be there for hi. e!urinq physical therapy .0 a. to prevent hi. fro. fallinq while conducting thi. aspect of hi. physical therapy. 18. As a direct and proximate result of Defendant.' n89ligence, Plaintiff suffered a fractured hip, which required hospitalization ane! surqery and the replac_ent of his natural right hip with an artificial hip. Plaintiff required a total hip replacement. 19. Aa a direct and proximate result of Defendants' negligence, as aforesaid, Plaintiff required hospitalization, surgery, medical care, and additional therapy which he otherwise would not have required but for the accident, and claim is made therefor. 20. As a direct and proximate result of Defendants' negligence, as aforesaid, Plaintiff has and will in the future continue to incur medical bills and expenses that he otherwise would not have incurred but for the accident, and claim is made therefor. 21. Aa a direct and proximate result of Defendants' negligence, aa aforesaid, Plaintiff has undergone and will continue to undergo great physical pain and sUffering, emotional anguish, a loss of lifa's enjoyment and pleasures, embarrassment and humiliation, scarring and additional physical and functional disabilities and handicaps, and claim is made therefor. 22. Aa a direct and proximate result of Defendants' negligence, Plaintiff was severely delayed in his physical rehabilitation and therapy, for which he was seeking treatment from the Defendant. in the first place, and may never be able to achieve the level of independenco and physical capability a. he otherwi.e would have achieved but for the April 27, 1994 accident, and claim t. ..de therefor. ~ \ 23. As a direct and proximate result of oefendant.' neqliqence, as aforesaid, Plaintiff has and will continue to incur various miscellaneous expenses that have been made necessary as a result of his increased disabilities and dysfunctions, such as orthotic devices and household modifications, which otherwise may not have been necessary but for the April 27, 1994 accident, and claim is made therefor. WHEREFORE, plaintiff, Edsel picklesimer, demands judqment aqainst oefendants in an amount in excess of Twenty-Five ($25,000) Thousand Dollars exclusive of interest and costs, and in excess of any jurisdictional amount requirinq compulsory arbitration, alonq with any and all equitable relief deemed appropriate by this Honorable Court under the circumstances. Respectfully Submitted, ....., 1fl'>k.~[\1/0 L . NAVI , ESQUIRE ~ 58803 4503 North Front S rest Harrisburq, PA 17110 (717) 238-6791 Attorneys for plaintiff -. .... VERIFICATION I, Edsel Pickle.imer, do hereby swear or attirm that the tact. set torth in the toregoing Complaint are true and correct to the be.t ot my knowledge, intormation and beliet. I understand that this Veritication is made subject to the provisions ot 18 Pa.C.S.A. 14904, relating to unsworn talsitication to authorities. ~. . I) I . L t t"'4- ( ,), '-</'.: (L1., '" .... l 'L Edsel picklesimer I- 'i.~ C l,l.." " CwJ I"C,d ~ ~ ('("IN"'" \ {ft.'> Po6':~ I" :1'" IJ)il jjJ.. 7691 JIlW .........~ ,...... . I. l~ J .....;: '-."~'" ~ SH ZI 2 '.is r~ '95 f!' , . (- '" F1.:~ . " . >, ',;'OH)1AH ;!t <- t. ~:."- ~ ~:l: 'ilY .. . \-~ r", ! :'l.' /. ..~ {{-&eft 4tJ ,6l, U ':i - ... rJ 5& (]-1L / it, It 1 3 J 3 )..2 <I 33 / " ~j EDSEL PICKLESIMER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-5049 v. . . . . HEALTHSOUTH REHABILITATION : CORPORATION, HEALTHSOUTH : OF MECHANICSBURG, INC. t/d/b/a: HEALTH SOUTH REHABILITATION HOSPITAL OF MECHANICSBURG, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Thomas, Thomas , Hafer as counsel on behalf of Defendants, in the above-captioned matter. All papers may be served upon the undersigned at P.O. Box 999, Harrisburg, PA 17108-0999. THOMAS, THOMAS , HAFER 0-~rD:. C. Kent t'tce,1 ~e 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 1.0. No. 06776 DATE: JoJ~~Jq5 ATTORNEYS FOR DEFENDANTS CERTIFICATE OF SERVICE AND NOW, this 24th day of October, 1995, I, C. KENT PRICE, ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, attorneys for Defendants, hereby certify that I have this day served the within Praecipe for Entry of Appearance by depositing a copy of the same in the United states Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Michael J. Navitsky, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110 THOMAS, THOMAS & HAFER ~~ C. Kent Price, Esquire -2- ~ ..s. ... , SHERIFF'S RETURN - OUT OF COUNTY CASE NOI 199~-05049 P COKKONWEALTH OF PENNSYLVANIA: COUNTY OF CUKBERLAND PICKLESIKER EDSEL VS. HEALTHSOUTH REHAB CORP ET AL R. Thomas Kline . Sheriff. who being duly sworn according to law, says. that he made a diligent search and inquiry for the within named defendant, to witl HEALTHSOUTH REHAB CORP but was unable to locate in his bailiwick. He therefore Them deputized the sheriff of PHILADELPHIA CO. to serve the within COKPLAINT County, Pennsylvania. On November 24th. 1995 the attached return from . this office was in receipt of PHILADELPHIA CO. County, Pennsylvania. -y' So ~--;t~-;7" / .. / . ^,,,---;;;;. ~~. 0 ;:;<a. TriO,.,;' Kl1ne,--r.he~~.ff ,// Sheriff's Costs I Docketing Out of County Surcharge Philadelphia Co. 18.00 9.00 2.00 59.00 .88.00 KICHAEI,. N''IITSKY 11/24/1'395 Sworn and sUbscribed)\O before me this .q (1 If, day of I { t,L( III &L'L 19 9~- A. D. I ~. '. '. . SHERIFF'S RETURN - OUT OF COUNTY CASE NOI 1995-05049 P COnnONWEALTH OF PENNSYLVANIA I COUNTY OF CUnBERLAND PICKLESInER EDSEL VS. HEALTHSOUTH REHAB CORP ET AL R. Thomas Kline . Sheriff, vho being duly sworn according to lav, says, that he made a diligent search and inquiry for the vithin named defendant, to wit: HEALTHSOUTH OF nECH INC TDBA HEALTHSOUTH REHAB HOSP OF nECH but vas unable to locate Them in his bailiwick. He therefore ;.. deputized the sheriff of PHILADELPHIA CO. to serve the vithin COnPLAINT County, Pennsylvania. PHILADELPHIA CO. County, /' "/ receipt of Pennsylvania. On November 24th. 1995 the attached return from , this office vas in Sheriff's Costs: DocklPting Out of County Surcharge 6.00 .00 2.00 So ans;"rsl/ --..-'/ ~_~---~r ~.-~~ ;.(: R. Tlloiwa. IU1ne, SlIeri:U - / .6.~~ PD BY nlGRAEL NAVITSKY 11/24/1995 svorn~and sUbsCribed) this,J{J{{ day of 19 (h" A.D. + o before, 111. 't.l " ,II {, { i.. title ary -.....--' o /iI!td $;;;;;s;tJ/Id ~ if /It-Ilt~ tvlt cJ/ /!dM(tf~ 7ir.. SERVED ~ ~NDWN TO /It!h~ iI/lHtfJ'J - (f- 0/ , ~ '" SHERI~F'S RETURN - SUMMONS/COMPLAINT ( t&J//IJ# COMMON P~EAS NO'~~~~~ COUNTY COURT fJ- ~ff NO.7, fclrll fl, f5 TERM. 19 o Oefendant l1ro'efendant Company by handi~ a true and a)tested copy of the withi~mmons/Complaint, issued in thAve captioned maUer on t..I(Y /~ ,19 Y..7" ,at//0O o'clock, . M., E,S,T.lO.S.T. at $.Yf /l/Ilf'LC :f1~___ffY ~ _ , in the County of Philadelphia, State of Pennsylvania, to cr ~ ~ fltA -~ o (l) the aforesaid defendant, personally; o (2) an adult member of the family of said defendant, with whom said defendant resides, who stated that his/her relationship to said defendant is that of o (3) an adult person in charge of defendant's residence; the said adult person having refused, upan re- quest, to give his/her name and relationship to said del"..dant; o (4) the manager/clerk of the place of lodging in which said defendant resides; ~agent or person for the time being in charge of defendant's office or usual place of business. o (6) the __ and officer of said defendant Company; So Answers, JOHN D. GREEN. She,iff /' ~h By:/s.....fl(J1; L'i;L!tv # ftL__ I / :It.< /l.P/''-' \h"TI" 1l.l8iRh.11.97) ... [SHERIFF'S RETURN OF SERVICE PHilADELPHIA CO. 1-1';"""'< ,." . "'- -"'P,ILtl.' I;,-!.," I )"" !", . 1'1\ tl..t,"'tl,,"1 ,-, Ilf' ',"'.,. : I , ' ,.".'f i! , _i, .10,'"'' ' ,_, "I 'I", II, I,d ~ "",,',,'!", ',\1,) 1,"- ."," .jlLI_ I ,.,>j! .j-' if.' " 1 1,1'1"',: ,d'., 'I'" 'u, ".1' . ,.,.',d.' ,I<!dfl ';'. '^'tl.'jP ',I"'," I' ", "'<l,," .h'.j {.()lJHI lfHM '.';0 NUMH(J~ TO BE COMPLETED BY ATTORNEY ) ):s ) /7' / ~.;~H f~lf- r PlAINTlrriSl Edsel Picklesimer CC'..J ~. .JII'y1!HH.... ;- MILEAGf DI~) 1 nlC T DEFENDANT,SI Healthsouth Rehabilitation Corporation, Ilealthsouth of ~lechanicsburg, lnc. t/d/b/a Ilealthsouth Rehahilita ion ,,11M MONS Hospital of Mechanicsburg, OTHER SERVEA1 CT Corooration System PA 1635 MarRet ~treet, ~hiladelphia, X COMPLAIN T liPE GF AClION 95-5049 Civil Civil Action SPECIAL INSTRUCTIONS Please serve Defendants in care of their agent for service of process listed above. TO BE COMPLETED BY SHERIFF Served and l"Tldde i..nOwll to on the Oe1endanllSl day 01 '9 I) cloe.. M .1 a1 Cum'llonwealth ot Penflsylvanta. In the manner de5~"t!h:!j beID'.\1 Ol"fcndan'j~l pusonally ser,,€'d Adult family ITIf'mber Wtth .....1)0~ sall1 Defend(tn1ts~ rt'~lri~'I~,) Ri:lattor>shtp IS Adult In charge 01 Dpfend3nT'S res'dence oJ.t',<.:' 'ejusl->d t,) Give name or rel<Htorl~hlp ManageriClerk ,',! placp Ol luGgmg In wllich Df'll'ndc".tl<;1 re5I1h;,l~) Ager.! or perscn i'l charge (;1 Oe":~ndan:s olhu:' o~ u~uat plare of buSiness <\nd oltl;;er of !;dlrl Oe1enctdnt comr;ln't Slr~!e COllnt.,. Oi Phl!ad~iphla. Other SHEHI'r JOS,PH A SULLIVAN By ,AP~_:", ~..t~~~~ On the Od'f d [)elenllant r]ol fount~ 1,':Ci.HJS(' Meved U>1jon:I,\n l'J (., clcck M. al ... "-V,AI;'.;,,''':''I Vdl,inl Other s "" ~. 1 I . ,N." It". 22 ! 'J,' ''''It'l'y ll(lj.Jlif1.:e tt"f' I 1"1 "..:i.f' lhl~ . 'I",' f" It;., ~ "\_ ' f 1" J ,"; i I DEPUTIZED SERVICE ''l ;_ 1 t~ ') , . , . ~. I : 'I ~', . ~,i. ~ j.l.1' r .....J ,.. .-' ,Cumberland ..~' :..;. . ~ ~-1 , S"":,,," ,'r lI!Ji11D1~iK COl,fllv..- h~HWi+I\';I[1ja Penns y 1 v an ia r,-J v; _ c=, .i..-a~"~dk(' ;--=.; ,-.J! I.d; ,.'\~~)E.H .) ;;UL...1VA~~ m /'R? ~/~. ,r~::f---''''-.~- ",,- "~ SHEHIFF jOSEPH A SULLIVAN . :..J fh September Philadelphia D.l.- l,t .<} 95 :)". ill {,l 1-.\ "t,1. x Sul\ ' :'~T1,l:I' (;:1." I.. 'i h) I,!.'. '"1j,"" PUTED OY ATlORNP J. Navltsky, Esquire Front St" Harrisburg, PA (717) 238-6791 '.' , " I, D. No. 58803 :"'! T0 BE COMPLETED BY PROTHONOTAI1Y Michael 4503 N. 17110 A " " x' Edsel Picklesimer ..-..- I/o' ," I". 1,'1. L. \tt,Hh'\ ~ \D ~ If) i .. (') si ..... Q.. ~~~ !~ - l.l. ,I 5..,.. O:!:' co ffi~ r-= l.o..l fJl i ....... 's: .. ~ \D a O"l ~ l!ti; 10 ~~i ; 1 Ii I ... ~ ~ I i :::: z .. ~ . j a ~ . . , 3 . E : i. " i i :> d = .: i t :r EDSEL PICKLESIMER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-5049 HEALTHSOUTH REHABILITATION CORPORATION, HEALTHSOUTH : OF MECHANICSBURG, INC. t/d/b/a: HEALTHSOUTH REHABILITATION HOSPITAL OF MECHANICSBURG, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO: Edsel Picklesimer, Plaintiff c/o Michael J, Navitsky, Esquire ANGINO & ROVNER, P,C, 4503 North Front Street Harrisburg, PA 17110 YOU ARE HEREBY notified to plead to the enclosed New Matter within twenty (20) days of service hereof or a dp.fault judgment may be entered against you, THOMAS, THOMAS & HAFER Q6-~ C, Kent Price, Esquire 305 North Front Street P,O, Box 999 Harrisburg, PA 17108 (717) 255-7632 ATTORNEYS FOR DEFENDANTS DATED: I /311~b with a quad cane in a hallway outside the physical therapy room when he fell and broke his right hip. 10. Denied in accordance with Pa,R.C,p. 1026(e). 11. Admitted. 12. Denied in accordance with Pa,R.C.P. 1026(e). 13. Admitted in part, denied in part, It is admitted that Defendants knew the Plaintiff required physical therapy to improve his balance and part of his therapy was to walk with a quad cane while his right lower leg was braced, The remaining allegations are denied. To the contrary, the purposes of physical therapy was to further improve the Plaintiff's balance and his ability to ambulate. 14. Denied in accordance with Pa.R.C,P, 1026 (e) , 15. Denied in accordance with Pa,R.C.P. 1026 (e) . 16, Denied in accordance with Pa,R,C,P, 1026 (e) , 17, Denied in accordance with Pa.R,C.P. 1026 (e) , 18. Admitted in part, denied in part, It is specifically denied that Defendants were negligent and/or that Defendants caused Plaintiff to suffer personal injury and damages as a result of any negligent act or omission. The remaining allegations are admitted. 19. Admitted in part, denied in part, It is specifically denied that Defendants were negligent and/or that Defendants caused Plaintiff to suffer personal injury and damages as a result of any negligent act or omission. The remaining allegations are admitted. 20. Denied, It is specifically denied that Defendants were negligent and/or that Defendants caused Plaintiff to suffer -2- personal injury and damages as a result of any negligent act or omission. The remaining allegations are denied on the basis that, after reasonable investigation, the Defendants are without information or knowledge sufficient to form a belief as to the truth thereof, 21, Denied. It is specifically denied that Defendants were negligent and/or that Defendants caused Plaintiff to suffer personal injury and damages as a result of any negligent act or omission, The remaining allegations are denied on the basis that, after reasonable investigation, the Defendants are without information or knowledge sufficient to form a belief as to the truth thereof, 22, Denied, It is specifically denied that Defendants were negligent and/or that Defendants caused Plaintiff to suffer personal injury and damages as a result of any negligent act or omission. The remaining allegations are denied on the basis that, after reasonable investigation, the Defendants are without information or knowledge sufficient to form a belief as to the truth thereof. 23, Denied. It is specificallY denied that Defendants were negligent and/or that Defendants caused plaintiff to suffer personal injury and damages as a result of any negligent act or omission. The remaining allegations are denied on the basis that. after reasonable investigation, the Defendants are without information or knowledge sufficient to form a belief as to the truth thereof. -3- WHEREFORE, Defendants demand judgment in their favor and against Plaintiff, together with costs. NEW MATTER 24. Plaintiff's claims may be limited or barred by his own negligent acts or omissions, if any, in accordance with the doctrine of comparative negligence. 25. Some of Plaintiff's alleged injuries may be due to pre- existing conditions. WHEREFORE, Defendants demand judgment in their favor and against Plaintiff, together with costs. THOMAS, THOMAS & HAFER C-~~ C, Kent Price, Esquire 305 North Front Street P,O. Box 999 Harrisburg, PA 17108 (717) 255-7632 I.D. No, 06776 ATTORNEYS FOR DEFENDANTS -4- VERIFICATION I verify that the facts set forth in the foregoing Answer and New Matter are true and correct to the best of my information, knowledge and belief, although the language is that of counsel, and to the extent that the content of the foregoing document is that of counsel, I have relied upon him in making this verification. I understand that any false statements containeQ herein are made subject to the penalties of 18 Pa. C,S.A. !i4904, relating to unsworn falsification to authorities. ~!:.~r/CBO DATED: 11~5/9{, ~ EDSEL PICKLESIMER, . . Plaintiff . . . . VS. . . . . HEALTHSOUTH REHABILITATION . . CORPORATION, HEALTHSOUTH OF . . MECHANICSBURG, INC. t/d/b/a . . HEALTHSOUTH REHABILITATION . . HOSPITAL OF MECHANICSBURG, . . Defendants . . ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 95-5049 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANT'S NEW MATTER 24. The allegations constitute conclusions of law to which no response is required. To the extent that any response is required, said allegations are denied. Plaintiff was not negligent in any fashion. Comparative negligence does not apply. Defendants' negligence was the sole and proximate cause of all of Plaintiff'. injuries and damages. 25. The allegations constitute conclusions of law to which no response is required. To the extent that any response is required, said allegations are denied. None of Plaintiff'. alleged injuries were due to pre-existing conditions. Respectfully Submitted, ANGINO , ROVNER, P.C. HIC I.D. 4503 North Front Str Harrisburg, PA 17110 (717) 238-6791 Attorneys for Plaintiff ::' 1lt:JU7/5/t1/, EDSEL PICKLESIMER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 95-5049 VS. HEALTH SOUTH REHABILITATION CORPORATION, HEALTHSOUTH OF MECHANICSBURG, INC. t/d/b/a HEALTH SOUTH REHABILITATION HOSPITAL OF MECHANICSBURG, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Michael J. Navitsky, counsel for Plaintiff, do hereby certify that on September 26, 1996, I forwarded a true and correct copy of a NOTICE OF VIDEO DEPOSITION FOR RONALD LIPPE, M.D. upon counsel of record via postage prepaid first class United States mail. Respectfully Submitted, ANGINO & ROVNER, P.C. Dated:./~ le( ~q 1 (' . NAVI Y, ESQUIRE 58803 4503 N rth Front S reet Harrisburg, PA 17110 (717) 238-6791 Attorneys for Plaintiff PRAECIPE FOR LlSTI:'IG CASE FOR TRIAL (:'IUSI be rypewrillen Jnd lubmineu in duplicJ!e I TO THE PROTHONOTARY OF CDIBERLA.'iD COC:'<TY Please ~ist '.!le :'ol1owln~ ,1se: iC:~:=Cj( '~ne' ( X lor JL'RY ::!:aJ Jl :~~ ,e:'tl :e:m Jl ,:vl1 ,~ur:. ( ) lcr :n:ll without I,Ury, --------------- ------------------------------------ CAPTION OF CASE (entire ;:pllon :nUSI :e slJted In fuU) (check cne) EDSEL PICKLESIMER, Plaintiff ....ssu:npSl! VS, HEALTHSOUTH REHABILITATION CORPORATION, HEALTHSOUTH OF MECHANICSBURG, INC., t/d/b/a HEALTHSOUTH REHABILITATION HOSPITAL OF MECHANICSBURG, ( Trespass ( Trespass (~lotor Vd:lc!e) ( X) Medical Negligence (other) Defendant The trial list will be callec on April 21, 1998 , Trials commence on May 18, 1998 Pretrials will be held on Aori 1 29. 1998 (Briefs are due 5 days bef~re pre- trials, ) (The party lis:ing this case for t:i~ shall provide for:hwi:h a copy Qf the p'raecipe to all couns~l, ~~suan: to local Rule 214-1.) :\0. 5049 enl '0 95 "- indicJte the Itlorney ',,'ho ..,!! ::"; ;1Se :'cr :he ?Jr:,'hJ ::Ies :ilis puec:pe: Michael J, Navitsky, ESQ" Angino & Rovner, P,C., 4503 North Front Street, Harrisburg, PA 17110 lnl1icJte tnli coun.el for olher pJtt:~s Ii <''1o\\'n: C, Kent Price, ESQ., Thomas, Thomas & Hafer, 305 North Front Street. HarrisburQI PA /108 nus .;:35< :. rudy ior InJ!. ,( 'f / IllI" .-1 t. : . t I f Navitsky,'E Quire Sigr.rd: MIchael J. P::nt \l:"e: Dlte: January 27, 1998 .-\t::rr..:y !cr: Plaintiff ~~ en ~ - ~ .,1;$ ( 1,. x: o~ 0... q""} .~ ~~: ..., :.V) N ~m i!~ ,,;} I. ", 15 ~ ", Q ~ ~ ti c{)~~ it' ~~i J ; . o E : '" . /I: i ~ cI : a: i i . , . . . . v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNlY, PENNSYLVANIA : NO. 95-5049 : CIVIL ACTION - LAW EDSEL PICKLESIMER, Plaintiff HEAL THSOUTH REHABILITATION CORPORATION, HEAL THSOUTH OF MECHANICSBURG, INC. Vd/b/a HEALTHSOUTH REHABILITATION HOSPITAL OF MECHANICSBURG, Defendants : JURY TRIAL DEMANDED CERTIFICATE OF PREREQUISITE TO SERVE A SUBPOENA PURSUANT TO RULE 4009.22 As a Prerequisite to service of Subpoena for Documents and Things pursuant to Rule 4009.22, Defendant certifies that: 1. A copy of the Notice of Intent including the proposed Subpoena attached to this Certificate. 2. Counsel was contacted via correspondence and has waived the 20 day requisite notice of intent to serve. 3. The Subpoena which will be served is identical to the Subpoena which is attached to the Notice of Intent THOMAS, THOMAS & HAFER, LLP C-~~ C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 I,D. No. 06776 ATTORNEYS FOR DEFENDANTS -.... .... EDSEL PICKLESIMER, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-5049 : CIVIL ACTION - LAW HEAL THSOUTH REHABILITATION CORPORATION, HEAL THSOUTH OF MECHANICSBURG, INC. Vd/b/a HEALTHSOUTH REHABILITATION HOSPITAL OF MECHANICSBURG, Defendants : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel of Record Defendant intends to serve a Subpoena identical to the one attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the Subpoena. If no objection is made, the Subpoena may be served, THOMAS, THOMAS & HAFER, LLP CL~~ C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 1.0. No. 06776 ATTORNEYS FOR DEFENDANT DATE: June 19,1998 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EDSEL PICKLESIMER, v. HEAL THSOUTH REHABILITATION OF MECHANICSBURG, File No. 95-5049 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Olsten Health Services (Name 01 Person 01 Entily) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of all health care records pertaininq to Edsel Picklesimer from April 1994 to the present. includinq but not limited to health care plans. phvsician's orders, certifications, evaluations/assessments of patient's condition, and occupational/phvsical therapv records. at 305 North Front Street. Harrisburq, PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON: Name C. Kent Price, Esquire Address: 305 North Front Street Harrisburq, PA 17101 Telephone: (717) 255-7632 Supreme Court ID # 06776 Attorney For: Defendant BY THE COURT: Prothonotary/Clerk, Civil Division Date: Seal of the Court Deputy MTE: i b ,IQt- CASE re. .,1/ / CDJKllO"J4' .2 re. CIVIL 9.~ -scY,/9 CO" ( 1.' -,0 2.' . 4.' '1' ,_ li.' Q.\l,d 12.' ~ ~~h~ . .lA:~ 13.' ~ K;\fh 1). ~ lSV\ 14.' .e) ( .M.(~X k r:f. Jf},() ^ (r 15.' ~6." ,C& <;1. Co~ ~ -1~~*9. ~~(~ b , '0-2 lB.' · St:>le "" t\-..... 24.' 25.' 26.' 27.' _\'L. .we L ft t I EDSEL PICKLESIMER, Plaintiff VS. HEALTHSOUTH REHABILITATION CORPORATION, HEALTHSOUTH OF MECHANICSBURG, INC. t/d/b/a HEALTHSOUTH REHABILITATION HOSPITAL OF MECHANICSBURG, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 95-5049 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE Please mark the above-captioned action settled, ended, and satisfied. ..,e;)J,/ nll'll/!? Respectfully Submitted, ANGINO & ROVNER, P.C. , ESQUIRE et Attorneys for Plaintiff