HARRISBURG – Medical professionals accused of negligence by a Virginia woman, who alleged her Erb’s Palsy and arm and shoulder injuries were the result of her being delivered in a hazardous and dangerous manner in a Pennsylvania hospital, have denied any responsibility for her injuries.
Bethany Ditzler of Churchville, Va. first filed suit in the U.S. District Court for the Eastern District of Pennsylvania on Aug. 10 versus PinnacleHealth Obstetrics and Gynecology Specialists, UPMC Pinnacle Harrisburg, Harrisburg Hospital, PinnacleHealth Medical Services, PinnacleHealth, PinnacleHealth Hospitals, Inc., PinnacleHealth Harrisburg Hospital, Hanford Ndlovu and Beverly A. Hall Ndlovu of Harrisburg, and Lee Blecher of Potomac, Md.
“On Aug. 16, 2001, plaintiff’s mother presented to defendants’ facility to give birth to plaintiff. Defendants, Hanford Ndlovu, Beverley A. Hall Ndlovu and Lee Blecher were involved in plaintiff’s delivery as well as defendants’ physicians, nurses, assistants and technicians at defendants’ facility. Defendants failed to properly deliver plaintiff and were negligent in the care and treatment that they provided to plaintiff at the time of her birth,” the suit said.
“On Aug. 16, 2001, plaintiff’s mother, Tammy Furjanic, presented to the defendant hospital weighing 245 pounds and being 5 feet tall with a body mass index of 47, making her morbidly obese. Plaintiff’s mother presented to the defendant hospital and came under the care of defendant doctors and nurses for delivery of plaintiff. During the course of the delivery, an epidural was administered for pain relief and plaintiff’s mother pushed for several hours, but was not able to spontaneously deliver. During the delivery, defendants pulled on the fetal head but were unsuccessful with delivery. Eventually plaintiff was delivered by defendants.”
When she was born, the suit said that the plaintiff had facial bruises, a pan brachial plexopathy involving cervical nerve C5 through thoracic nerve T1 and weighed nine pounds, eight ounces.
“Defendants’ failure to properly and timely deliver plaintiff caused her serious injury and disfigurement, including Erb’s Palsy and loss of function of her right arm/shoulder. Defendants’ actions fell below the accepted standard of care. As a direct result of defendants’ treatment and negligence, plaintiff suffered hospitalization, injury, pain and suffering,” the suit stated.
“Due the defendants’ negligence, plaintiff was forced to undergo significant medical treatment and incurred significant medical expenses. As the result of the defendants’ deviations from standard of care and negligence, plaintiff sustained significant injury, and pain and suffering. At the aforementioned time, plaintiff was under the care of defendants and their agents. Defendants are jointly and severally liable to plaintiff for the injuries and damages claimed herein.”
Plaintiff counsel filed a pair of stipulations on Oct. 19, the first of which was to amend the case’s list of hospital defendants to read simply “UPMC Pinnacle Hospitals” and “UPMC Pinnacle”, in addition to Ndlovu, Hall Ndlovu and Blecher.
The second stipulation pertained to venue, requesting the case be transferred to the U.S. District Court for the Middle District of Pennsylvania. It was on Nov. 1.
UPDATE
The PinnacleHealth defendants and Blecher provided an answer to the complaint on Nov. 22, denying the plaintiff’s allegations and providing a number of affirmative defenses.
“Plaintiff fails to state a claim upon which relief may be granted against answering defendants. Some or all of plaintiff’s claims may be barred by the statute of limitations. Some or all of plaintiff’s claims may be barred by the doctrine of laches. Plaintiff’s recovery is barred in whole or in part to the extent of any failure to mitigate damages. Plaintiff’s claims are barred in whole or in part to the extent that the doctrines of res judicata and/or collateral estoppel apply. Plaintiff may have entered into a release with third parties with the effect of discharging answering defendants in this action or limiting the claims or recovery against them,” per the defenses.
“Answering defendant raises all affirmative defenses set forth in the Medical Care, Availability and Reduction of Error (MCARE) Act, as a limit/bar to plaintiff’s claims. If any injuries or damages were suffered as alleged, they may have been caused by the conduct of third parties for whom answering defendant is not liable. If any injuries or damages were suffered as alleged, the negligent acts and/or omissions of third parties may have constituted intervening, superseding causes of such injuries and/or damages. If any injuries or damages were suffered as alleged, they may have been the natural and progressive result of plaintiff’s medical condition, and not the result of any negligence by answering defendants.”
Co-defendant Dr. Hanford Ndlovu asserted similar defenses in a separate answer of his own, filed Nov. 29.
For counts of negligence, vicarious liability, ostensible agency and corporate negligence, the plaintiff is seeking damages, jointly and severally, in excess of $50,000 and an amount in excess of that requiring compulsory arbitration.
The plaintiff is represented by Thomas F. Sacchetta of Sacchetta & Baldino, in Media.
The defendants are represented by Andrew H. Foulkrod and Eric Lauerman of Cipriani & Werner in Lemoyne and Peter J. Faben of Barley Snyder, in Lancaster.
U.S. District Court for the Middle District of Pennsylvania case 1:21-cv-01852
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com