PITTSBURGH – A Bethel Park couple allege that an at-home physical therapist’s negligence in conducting therapy without making use of personal protective equipment, led to both of them contracting COVID-19.
John Boyle and Cheryl McKinney of Bethel Park filed suit in the Allegheny County Court of Common Pleas on April 20 versus Judith Meyer and Orthopedic & Sports Physical Therapy Associates, Inc., of Charleroi.
The suit explains Meyer was employed by OSPTA as an at-home physical therapist and outlines the background of the COVID-19 pandemic, noting that the majority of the virus’s fatalities were among the elderly population and those with underlying medical complications – along with methods of prevention, such as the use of masks, gloves and other PPE.
“Boyle and McKinney are both of an advanced age and suffer from various physical ailments. At the time of the incident, Boyle was recovering from a recent open-heart surgery. As a result of his open-heart surgery, Boyle was required to take physical therapy. In order to reduce the likelihood of contact with any individuals outside of his residence, Boyle arranged for physical therapy at his home with defendant OSPTA,” the suit states.
“On Nov. 8, 2020, defendant-therapist, working for defendant OSPTA, arrived at Boyle’s home in Allegheny County to provide at-home physical therapy to Boyle. Upon arrival, defendant-therapist was not wearing gloves, a face shield, or an appropriate face mask; defendant-therapist only had a thin, disposable surgical mask. Defendant-therapist immediately shook Boyle’s hand, despite not having gloves or other appropriate protective equipment. Defendant-therapist did not wash her hands upon arrival or before performing physical therapy on Boyle. Defendant-therapist touched numerous other surfaces and objects in the plaintiff’s home.”
Meyer, acting within the scope of her employment with OSPTA, provided the above-discussed physical therapy to Boyle. She was also supposed to provide physical therapy for Boyle the following Thursday, but she was not present and another professional provided physical therapy for Boyle instead.
“On Nov. 14, 2020, defendant-therapist called Boyle and McKinney and informed them that she and her son had both tested positive for COVID-19. Shortly thereafter, both Boyle and McKinney developed symptoms associated with COVID-19. Boyle and McKinney’s symptoms include, but are not limited to: Severe respiratory trauma, fever and chills, a persistent, painful cough, fatigue and shortness of breath, muscle and body aches, headache, chest pain and pressure and other flu-like symptoms,” per the suit.
“As a result, Boyle and McKinney were both admitted to the hospital and were put on oxygen on Nov. 19, 2020. Boyle returned home on Nov. 29, 2020, and McKinney returned home on Nov. 28, 2020. Boyle and McKinney continue to suffer adverse effects associated with the disease, and Ms. McKinney still relies on an oxygen tank to breathe. Neither Boyle nor McKinney had outside contact with any individual other than Judith Meyers during this time.”
For counts of negligence and negligence (respondeat superior), the plaintiff is seeking damages in excess of $35,000, plus interest, costs, reasonable attorney’s fees and other such relief as is appropriate.
The plaintiffs are represented by John P. Corcoran Jr. and Mark E. Casper Jr. of Jones Gregg Creehan & Gerace, in Pittsburgh.
The defendants have not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-21-004147
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com