MEDIA – A Delaware County woman alleges that a local hospital and other medical entities are responsible for professional medical negligence, failing to be aware that her daughter was at risk for a drug overdose and leading to her death in the process.
Mary Phillips (administratrix of the Estate of Nicole Paige Phillips, deceased) of Oxford filed suit in the Delaware County Court of Common Pleas on April 30 versus Mercy Fitzgerald Hospital and Mercy Catholic Medical Center of Southeastern Pennsylvania (doing business as “Mercy Fitzgerald Hospital”) of Darby, Trinity Health Corporation of Livonia, Mich. and Trinity Health of the Mid-Atlantic Region, of Conshohocken.
“On or about May 1, 2019, plaintiff’s decedent presented to the Mercy Fitzgerald emergency department with complaints of bilateral lower extremity swelling. Plaintiff’s decedent was thereafter evaluated and was preliminarily diagnosed with right lower extremity cellulitis. Plaintiff’s decedent was thereafter admitted and started on broad spectrum antibiotics. On admission, defendants were aware that the decedent suffered from drug addiction and was at risk for overdose,” the suit states.
“On or about May 2, 2019 during the early morning hours, plaintiff’s decedent was found unresponsive in her bathroom, with a needle next to her. Upon information and belief, plaintiff’s decedent had suffered an opiate overdose. Plaintiff’s decedent proceeded to lose her pulse, was thereafter intubated and chest compressions were started. Plaintiff’s decedent was thereafter admitted to the ICU and placed on a ventilator, where she remained non-responsive. Over the next several days, plaintiff decedent’s neurologic status continued to decline. Upon information and belief, the plaintiff’s decedent had suffered severe anoxic brain injury as a result of the opiate overdose.”
According to the litigation, Nicole Paige Phillips’ condition continued to decline, and she died on or about May 5, 2019.
“The death of Nicole Paige Phillips directly and proximately resulted from the negligence of defendants below standard of care conduct, by and through the actions or inactions of their servant’s agents, workmen or employees,” per the suit.
“As a result of defendants’ deviations from the applicable standards of care, individually and by and through their agents, servants, workmen or employees, plaintiff’s decedent suffered serious injury and death for which defendants are jointly and severally liable.”
For counts of negligence, corporate negligence, survival and wrongful death, the plaintiff is seeking damages in excess of $50,000, exclusive of pre- and post-judgment interest.
The plaintiff is represented by Gerald B. Baldino Jr. of Sacchetta & Baldino, in Media.
The defendants have not yet secured legal counsel.
Delaware County Court of Common Pleas case CV-2021-004048
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com