MEDIA – Trinity Health Corporation has filed preliminary objections charging that allegations of professional medical negligence levied by a Pennsylvania woman are so vague that it does not give it the opportunity to properly defend against them.
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 stated.
“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.”
UPDATE
In preliminary objections filed on Sept. 20, Trinity Health counters that the allegations of negligence contained in the complaint are open-ended and overly broad.
“The Court must dismiss plaintiff’s claims against the defendants. According to plaintiff’s own pleadings, the decedent in this matter was a known drug addict. Additionally, according to the complaint, plaintiff died of an overdose from illicit opioids and/or narcotics. In fact, plaintiff even pled that the decedent was found with a needle next to her. This is an illegal act according to 35 P.S. Section 780-113, which prohibits the use and possession of a controlled substance,” the objections stated.
“At no time has plaintiff pled that the narcotics and/or opiates were obtained from the hospital. Rather, it is pled that the drugs that decedent overdosed on were ‘illicit.’ Based on this wrongful conduct by decedent in taking an illegal and illicitly-obtained narcotic, plaintiff must be barred from recovering against defendants. Additionally, if the Court is to somehow find that the decedent’s criminal acts do not bar her claims, the Court must strike plaintiff’s overbroad and vague allegations of negligence.”
Trinity Health countered that the plaintiff “did not detail or identify what treatments, care, judgments and/or consults should have been made”, but instead provided vague allegations “that leave defendants guessing as to how plaintiff is alleging the standard of care was not meant.”
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 are represented by Frank A. Gerolamo, Daniel J. Divis and Joseph L. Garbarino III of Gerolamo McNulty Divis & Lewbart, in Philadelphia.
Delaware County Court of Common Pleas case CV-2021-004048
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com