SCRANTON – Lackawanna County medical defendants bring a trio of objections pertaining to both venue and pleading to a lawsuit brought by a local couple, which alleged that the severe bleeding and carotid artery damage the wife-plaintiff suffered was the result of a botched artery repair procedure.
Linda Martini and Paul Martini of Madison Township first filed suit in the Lackawanna County Court of Common Pleas on Feb. 16 versus J. Garry Wrobleski Jr., D.O. and United Surgical Associates, P.C., both of Carbondale.
In two introductory visits to Wrobleski’s office in November 2019, the suit said Linda Martini presented with a history of right internal carotid artery stenosis, or a narrowing of the carotid artery.
As a result, Wrobleski performed a right carotid endarterectomy with patch angioplasty on the instant plaintiff, in an attempt to treat her underlying condition of stenosis.
“Between Jan. 21, 2020 and Feb. 25, 2020, Linda Martini presented multiple times to Dr. Wrobleski exhibiting signs and symptoms consistent with infection and compromise of the carotid artery repair, including but not limited to, fever, swelling, bleeding, drainage fever and erythema. This included visits to Dr. Wrobleski’s Carbondale office on Jan. 21, Feb. 4, Feb. 11, Feb. 18 and Feb. 25,” the suit stated.
The suit said that the defendants knew or should have known that the instant plaintiff had contracted an artery repair infection and was at risk for severe bleeding, carotid blowout and/or carotid blowout syndrome.
“On Feb. 25, Linda Martini developed acute and severe bleeding and/or a carotid blowout following an office appointment with Dr. Wrobleski at his Carbondale office. Mrs. Martini initially presented to Regional Hospital of Scranton and was thereafter transferred to Geisinger Wyoming Valley Hospital, where emergency surgery was undertaken in an effort to try to control the bleeding and repair her right internal carotid artery,” per the suit.
“As a direct and proximate result of the negligence and carelessness of all defendants herein, directly or through their agents, ostensible agents, servants and/or employees jointly and severally, Linda Martini suffered and has continued to suffer severe and permanent injuries, including but not limited to: Bilateral blindness, stroke and/or optic nerve stroke, Charles Bonnet Syndrome, severe bleeding and blood loss, carotid blowout and/or carotid blowout syndrome, depression, anxiety, post-traumatic stress disorder, psychiatric impairment, cognitive impairment, visual and other hallucination, sleep disruption, scarring, significant past and future pain and suffering, embarrassment, humiliation, disfigurement, loss of life’s pleasures, past and future medical and medically related expenses, past lost earnings and loss of future earning capacity.”
UPDATE
Counsel for the defendants filed preliminary objections on April 12, charging that 1) The case was brought in an improper venue; 2) That the presence of reckless language claims in the case was inappropriate; and 3) A demand to strike the negligent infliction of emotional distress claim.
“The endarterectomy performed upon plaintiff by Dr. Wrobleski occurred at Wayne Memorial Hospital in Wayne County, Pennsylvania. Because the endarterectomy took place in Wayne County and all further treatment allowed from the procedure, the proper venue for this medical negligence action under the Pennsylvania Rules of Civil Procedure and applicable Pennsylvania case law is Wayne County, not Lackawanna County,” the objections stated.
“Accordingly, this matter must be dismissed for improper venue, or alternatively transferred to the Court of Common Pleas of Wayne County where the alleged incident of medical malpractice occurred. For further support, see defendants’ brief in support of preliminary objections which will be filed in accordance with the briefing schedule set forth by the Lackawanna County Court Administrator.”
Furthermore, the objections sought the removal of recklessness language in the complaint, so as to close the door to a later request for punitive damages.
“The alleged improper treatment and care provided by Dr. Wrobleski in treating plaintiff amounts to nothing more than a claim, on the face of the complaint, of negligence. This claim of negligence is disputed by the defendants. Here, Dr. Wrobleski’s conduct, as pled within the four corners of the complaint was not reckless,” the objections said.
“In evaluating the claim of punitive damages against defendants, the Court must look to the ‘act itself’ and in doing so the Court should recognize that the claim of improper treatment is one of simple negligence, whether or not the steps taken by defendant was a breach of the standard of care, which at this stage does not amount to reckless conduct on the part of Dr. Wrobleski. The complaint simply does not establish a basis for reckless conduct and/or punitive damages.”
Finally, the objections allege that the negligent infliction of emotional distress claim is ill-supported and without proper foundation “that the defendants’ conduct was negligent in creating an unreasonable risk or causing either bodily harm or emotional disturbance to another, and it results in such emotional disturbance alone, without bodily harm or other compensable damage, the actor is not liable for such emotional disturbance.”
“In essence, the plaintiffs are attempting to circumvent the Pennsylvania Rules of Civil Procedure and case law developed throughout the Commonwealth by characterizing the claim for professional negligence as a separate and distinct negligent infliction of emotional distress claim. The defendants will be severely prejudiced in their defense if the plaintiffs are allowed to pursue an unfounded and baseless claim for negligent infliction of emotional distress against defendants,” the objections said.
For counts of negligence and loss of consortium, the plaintiffs are seeking damages in excess of $50,000, plus interest, pre-judgment interest and costs.
The plaintiffs are represented by Andrew S. Youman and Heather K. D’Onofrio of Youman & Caputo, in Newtown Square.
The defendants are represented by James A. Doherty Jr., Thomas R. Nealon and Matthew J. Butler of Scanlon Howley & Doherty, in Scranton.
Lackawanna County Court of Common Pleas case 2021-CV-00646
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com