PHILADELPHIA – A dialysis patient who says he was dropped while on an ambulance stretcher, waiting to be transported to his medical appointment, has sued the ambulance companies involved for damages related to his injuries.
Kim A. Jackson of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on Oct. 30, 2015 versus Advantage Ambulance Group, Inc. and Tri-State Ambulance Corp., both of Philadelphia.
“Plaintiff, Kim A. Jackson, a dialysis patient, contracted with defendants for medical transportation services, [to bring him] from his residence at 5134 Hadfield Street to DaVita Dialysis, where plaintiff was scheduled to receive dialysis treatment,” the suit states.
On or about May 9, 2015, plaintiff was immobilized and voluntarily restrained on a stretcher which defendants utilized for the purpose of moving plaintiff from his bed to the defendants’ ambulance vehicle. While immobilized, plaintiff’s stretcher was dropped onto a concrete staircase and metal railing, causing him to suffer a number of serious injuries.
In the process, Jackson suffered lateral malleolus and distal fibula ankle fractures, as well as acute pain to his left hip, left knee, right ankle, right shoulder, right elbow and back and was admitted to Mercy Philadelphia Hospital, the suit says.
Subsequent to evidence and testimony and in an assessment of damages from Philadelphia County Court of Common Pleas Judge John M. Younge on April 13, 2017, the Court awarded a total of $415,100 in damages – comprising $15,100 for outstanding medical costs and $400,000 for pain and suffering.
In preliminary objections filed by Advantage Ambulance Group, Inc. on Sept. 5, the company cited the Emergency Medical Systems Act in providing statutory immunity from civil liability to itself from all of the plaintiff’s claims, which by default, the defendants says fail to state a claim upon which relief may be granted.
For two counts of negligence, the plaintiff is seeking compensatory and punitive damages, jointly and/or severally, in excess of $50,000, plus interest, attorneys’ fees, costs of suit and such other relief as the Court deems just and proper.
The plaintiff is represented by Jason E. Fine of J. Fine Law Group, in Philadelphia.
Defendant Advantage Ambulance Group, Inc. is represented by Speros J. Kokonos in of Gibley & McWilliams, in Media. Tri-State Ambulance Corp. does not have legal representation, per court records.
Philadelphia County Court of Common Pleas case 151003603
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com