SCRANTON – A local physician and nurse practitioner are seeking to strike both the prospect of punitive damages and certain negligence allegations, from a lawsuit brought by the estate of a Carbondale woman who died from cardiac arrest two years ago.
James A. Zaltauskas, Administrator of the Estate of Sandra J. Skotleski and the Estate itself of Carbondale filed suit in the Lackawanna County Court of Common Pleas on April 20 versus Community Medical Center (doing business as “Geisinger Community Medical Center”), Wilson Young, M.D. and John Zaic Jr., CRNP, all of Scranton.
“Skotleski was admitted to Community Medical Center (doing business as ‘Geisinger Community Medical Center’) on or about March 26, 2019 with exertional shortness of breath for a few weeks associated with retrosternal chest pain and lower abdominal pain. On March 27, 2019, Skotleski was found to be in rapid atrial fibrillation, with a ventricular rate of 181. Skotleski was treated with intravenous Cardizem, which reduced the ventricular rate,” the suit said.
“Skotleski underwent an echocardiogram that revealed severe left ventricular systolic and diastolic dysfunction with an ejection fraction of about 25 percent. Skotleski remained in atrial fibrillation until April 3, 2019, when she had a TEE cardioversion, which successfully converted her to normal sinus rhythm.”
Skotleski was discharged on or about April 5, 2019 and prescribed Apizaban, Atorvastatin, Digozin, Colace, Famotidine, Lisinopril, Metoprolol, Oxycodone, Cilalopram and Miralaz, and advised her to follow up with her cardiologist, the suit stated.
“Skotleski followed up with her cardiologist Dr. Michael Kayal on April 11, 2019 and an ECG revealed atrial flutter with variable AV block, which was a change from the previous ECG performed on April 3, 2019, which showed normal sinus rhythm. Skotleski was referred for electrophysiology consultations ‘regarding anti-arrhythmic drug therapy versus ablation and was directed to stay on the medication previously prescribed,” the suit added.
“On or about May 3, 2019, Skotleski was seen in the electrophysiology department by defendants Zaic and Dr. Young and due to her rhythm was sinus bradycardia. Skotleski was ordered by defendant Zaic and Dr. Young to discontinue the digoxin
and metoprolol and start 80 mg of Sotalol every 12 hours, with a plan to ‘schedule patient for outpatient EKG to evaluate QTc after initiating Sotalol.’ On or about May 6, 2019, Skotleski was found deceased and her death was caused by cardiac arrest.”
According to the lawsuit, Skotleski should have been admitted for observation and monitoring, given the medication routine she had been prescribed – rather than treated as an outpatient.
“Defendants recklessly, willfully, outrageously, and consciously disregarded medication administration warnings demonstrating reckless indifference to the rights of plaintiff’s decedent, resulting in her death,” the suit said.
“As a direct and proximate result of the defendants’ failures to properly treat plaintiff, individually, jointly and/or severally, plaintiff suffered severe personal injury resulting in death, emotional injury, wage loss and loss of future earning capacity, as well as, all damages recoverable under the wrongful death and survival statutes.”
UPDATE
Attorneys for Young and Zaic filed preliminary objections on May 19, looking to remove language that would serve as grounds for punitive damage and certain negligence allegations from the complaint.
“Plaintiff uses language indicative of punitive damages throughout the complaint against Dr. Wilson and CRNP Zaic, and requests the award of punitive damages in their prayers for relief throughout the complaint. However, the allegations in plaintiff’s complaint do not rise to the level necessary for an award of punitive damages,” the objections stated.
“As set forth above, plaintiff’s allegations against Dr. Wilson and CRNP Zaic focus on an alleged failure to admit plaintiff for observation following the commencement of Sotalol. These allegations sound in negligence and do not rise to the level of ‘outrageous’ conduct with the requisite state of mind necessary for an award of punitive damages. At most, these allegations sound in negligence.”
Additionally, the defendants seek to remove vague allegations of negligence from the complaint.
“Paragraph 32 of plaintiff’s complaint contains sub-paragraphs (a) through (p). These non-specific, vague subparagraphs include: (i): failure to possess the degree of knowledge and skill ordinarily possessed by other specialists in the field of electrophysiology and cardiology; (j) failure to properly diagnose and treat the conditions of plaintiff; (k) failure to exercise reasonable care in the diagnosis and treatment of plaintiff’s condition for which prompt diagnosis and treatment were critical for effective medical treatment; (n) failing to act reasonable and competently in light of plaintiff’s condition,” the objections stated.
“The vague and overbroad language of these sub-paragraphs subjects objecting defendants to new claims for damages to be brought after the applicable statute of limitations has run.”
For multiple counts of negligence, corporate negligence, survival and wrongful death, the plaintiffs are seeking compensatory and punitive damages in excess of $50,000 from each defendant, plus interest and such other relief as the Honorable Court deems just and proper.
The plaintiffs are represented by Douglas A. Yazinski of Pisanchyn Law Firm, in Scranton.
The defendants are represented by Dominick J. Georgetti and Christian J. Owens of Perry Law Firm, also in Scranton.
Lackawanna County Court of Common Pleas case 2021-CV-01774
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com