WILKES-BARRE – A West Pittston podiatrist and his practice have officially denied all claims of negligence and medical malpractice levied against them by a Luzerne County physician who claimed that the former’s malpractice led to the amputation of his right leg.
Dr. Mario Adajar of Wyoming, Pa. filed suit in the Luzerne County Court of Common Pleas on Jan. 31 versus Dr. Michael Baloga Jr. and Foot & Ankle Center WP of West Pittston and Wilkes-Barre Hospital Company, LLC, of Wilkes-Barre.
According to the suit, Adajar first sought treatment from Baloga in December 2020 for calluses to his feet and a chronic ulcer on the right foot. Baloga had also been made aware that Adajar had Type II diabetes, and was recently the recipient of a kidney transplant.
Adajar continued to receive treatment from Baloga over the next several months, including having the wound on his right foot debrided and cleaned. In June 2021, Baloga placed a total contact cast on Adajar’s leg at the wound center, the suit said.
The very next day, Adajar ran a fever of 102.3 degrees and felt “excruciating” pain around the cast, leading him to seek emergency treatment. Over the following days, Adajar said he went into septic shock and suffered both atrial fibrillation and acute hypoxic respiratory failure.
Adajar was then diagnosed with gram negative bacilli bacteria and his right leg suffered from severe infection and gas gangrene. Weeks later, on July 27, 2021, with never having regained full sensation in his limb, Adajar had his right leg amputated through the fibula and tibia.
“As a direct result of the negligence of defendants and each of them, jointly and severally, Adajar was placed in a total contact cast, which directly and proximately caused him to develop necrotizing fasciitis, go into septic shock, require multiple procedures, prolonged hospitalization and ultimately, amputation. The catastrophic, permanent injuries were caused by the negligent acts and omissions of defendants, their agents, servants and employees,” the suit stated.
Despite the amputation of his leg, Adajar continues to practice medicine.
Defendant Wilkes-Barre Hospital Company, LLC filed an answer and new matter in the case on Feb. 17, where it emphatically denied committing negligence against the plaintiff.
“The complaint fails to state a claim upon which relief could be granted. Plaintiff’s claims are barred by the applicable statute of limitations, barred limited or reduced by the Pennsylvania Comparative Negligence Act and plaintiff assumed the risk of medical treatment rendered and/or was contributorily negligent in connection with the medical treatment rendered,” per the answer, in part.
“Plaintiff gave informed consent to all medical treatment provided. Plaintiff’s medical condition was pre-existing and was not in any way affected by answering defendant’s conduct and therefore, answering defendant did not contribute in any way to plaintiff’s alleged injuries. Answering defendant asserts all defenses and limitations on damages available under the Medical Care Availability and Reduction of Error Act.”
In a reply to the new matter filed on Feb. 18, the plaintiff denied the defendant’s new matter as nothing more than conclusions of law to which no official response was required.
UPDATE
Defendants Baloga and Foot and Ankle Center, WP filed their own answer and new matter in the case on March 18, denying Adajar’s allegations in their entirety and submitting a number of affirmations in their own defense.
Among the defenses, they state that there was a lack of negligence shown on their parts; that the plaintiff assumed the risks which come with any medical treatment; that the plaintiff’s claims are barred by the Pennsylvania Comparative Negligence Act, the Fair Share Act, the Mental Health Procedures Act, the Medical Care Availability and Reduction of Error (MCARE) Act, the Patient Protection and Affordable Care Act and contributory negligence on the plaintiff’s part.
Five days later, on March 23, the plaintiff filed a reply to this answer.
“These new matter averments are improper as they fail to specifically list the affirmative defenses as required by the Pennsylvania Rules of Civil Procedure. Therefore, these new matter averments must be stricken. Without waiver of that objection, plaintiff denies defendants’ new matter paragraphs as conclusions of law to which no response is required. To the extent an answer is deemed required, the allegations herein are specifically denied, with strict proof demanded at trial Otherwise, denied.”
For multiple counts of negligence and corporate negligence, the plaintiff is seeking damages, jointly and severally, in excess of $50,000 and in excess of the prevailing arbitration limits, exclusive of pre- and post-judgment interest, and costs.
The plaintiff is represented by Derek R. Layser and Brett J. Kaminsky of Friedman Schuman, in Fort Washington.
The defendants are represented by Stuart T. O’Neal III, Marcy B. Tanker and Joseph T. Healey of Burns White in West Conshohocken, James A. Doherty Jr. and Grace D. Hillebrand of Scanlon Howley & Doherty in Scranton.
Luzerne County Court of Common Pleas case 2022-00775
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com