MEDIA – A state court judge has overruled preliminary objections filed by medical professionals named in a wrongful death lawsuit as allegedly being responsible for the cardiac arrest-related death of a female inmate of George Hill Correctional Facility.
Barbara Gieder (individually in her own right and as administratrix of the Estate of Jennifer Adam, deceased) of Media filed suit in the Delaware County Court of Common Pleas on Oct. 24 versus The Geo Group, Inc. of Boca Raton, Fla., Kelsey Anne O’Brien, R.N. of Wallingford, Margaret Griffith, N.P. of Lansdowne, Ronald B. Phillips, D.O. of Wynnewood, Kelly Mullan, PA-C of Springfield, Julia Powell, R.N. of Aston and Leslie Harless-Balmer, L.P.N. of Newark, Del.
The suit stated that Adam, a recovering drug addict, was committed to the George Hill Correctional Facility in September 2018 at the age of 40. At the time of her arrest for not attending required meetings with her parole officer, Adam had been sober for seven months and working a steady job, while residing in a recovery house with other recovering addicts.
Upon arrival at the correctional facility, Adam advised that she had a pacemaker, high blood pressure and nerve damage, outlining her medical needs.
“Correctional Officer D. Leonard knew or should have known that Adam’s medical history included congestive heart failure, hypertension, endocarditis, mitral valve prolapse, open heart surgery in 2012 with mechanical mitral valve and aortic valve replacement, ruptured aortic aneurysm and other serious medical conditions,” the suit said.
“Adam advised C.O. Leonard of the medications she had been taking for her hypertension and other conditions, and that she had planned to see cardiologist to renew her prescription for the blood thinner Warfarin (Coumadin) for her heart condition at the time of her arrest.”
However, the suit added Adam’s conditions weren’t recorded and she wasn’t provided the level of medication and medical testing that she required. As a result, her condition gradually worsened to the point she was transported to Riddle Emergency Hospital, the suit said.
“She reported to the Riddle Hospital emergency medicine physician that she had not been prescribed blood thinners and had not seen a cardiologist while incarcerated at George Hill Correctional Facility, despite her medical history of congestive heart failure, endocarditis, mitral valve replacement, aortic valve replacement and a pacemaker,” the suit stated.
“Adam also reported that she had developed shortness of breath one week earlier and had been prescribed Lasix with no relief. She then developed chest pain and shortness of breath with pain described as ‘elephant is sitting on her chest.” She also reported nausea, vomiting, tines episodes of diarrhea, generalized abdominal pain and fatigue. A CT scan of her chest showed bilateral pleural effusions, adjacent atelectasis and cardiomegaly. Soon after her arrival at Riddle Hospital, Adam suffered cardiac arrest.”
The lawsuit explained she was revived, but suffered a second cardiac arrest. Despite the efforts of Riddle Hospital medical personnel to save Adam’s life, they were unable to resuscitate her.
Adam passed away on Oct. 25, 2018 at 12:18 a.m., at Riddle Hospital.
UPDATE
Attorneys for the defendants filed preliminary objections in the matter on Jan. 6, arguing that insufficient allegations and a demand for punitive damages should be stricken from the complaint.
“Sub-Paragraph 121(ee) alleges negligence alleging a ‘failure to comply with the applicable standard of care.’ Sub-Paragraphs 121 (ff) and 127(d) of plaintiff’s complaint alleges negligence in that the ‘failing to prevent the death of Jennifer Adam on Oct. 25, 2018.’ Such ‘catch-all’ or general allegations of negligence do not comport with the pleading requirements of Pennsylvania Rule of Civil Procedure 1019,” the objections read, in part.
“Plaintiff is not permitted to plead general allegations of negligent conduct in an attempt to preserve all unpled theories against defendants. As such, plaintiff’s general allegations of negligence set forth in paragraphs 121(ee), 121(ff), and 127(d), should be stricken with prejudice.”
The defendants also targeted the demand for punitive damages, seeking it to be stricken with prejudice.
“Any claims for punitive damages against defendants should be stricken from the complaint, as there are no facts in the complaint to support such a claim. Punitive damages may only be awarded in those cases where conduct is found to be outrageous, because of defendant’s evil motive, or his reckless indifference to the rights of others. Plaintiff’s complaint fails to state specific facts of evil motive, recklessness, outrageous or wanton conduct,” the objections stated.
In a Jan. 27 response to the preliminary objections, the plaintiff refuted the notion that the negligent conduct allegations were insufficient.
“When read in context, the highly detailed negligence allegations of Paragraphs 121 and 127 and the complaint as a whole, are sufficiently specific in compliance with Pennsylvania Rule of Civil Procedure 1019(a) so as to inform the defendants of the claims against them, and enable them to prepare their defense to plaintiff’s claims,” per the plaintiff’s response.
On May 14, Delaware County Court of Common Pleas Judge Kelly D. Eckel overruled the objections in question.
“Upon consideration of defendants’ preliminary objections and the response filed thereto, it is hereby ordered and decreed that said preliminary objections are overruled defendants shall file an answer to the complaint within 20 days of the date of notice of this order,” Eckel ruled.
For counts of survival, wrongful death, negligence, negligent hiring, supervision and retention and punitive damages, the plaintiff is seeking compensatory and punitive damages, jointly and severally, in excess of $50,000, together with interest, costs, and such other relief this Court deems just and proper, plus a trial by jury.
The plaintiff is represented by Joseph L. Messa Jr. and Suzanne H. dePillis of Messa & Associates, in Philadelphia.
The defendants are represented by Robert M. DiOrio and Matthew H. Fry of DiOrio & Sereni, in Media.
Delaware County Court of Common Pleas case CV-2020-007141
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com