MEDIA – A Delaware County woman has reiterated claims that a local hospital and other medical entities committed professional medical negligence, in failing to be aware that her daughter was at risk for a drug overdose and leading to her death in the process.
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, 2021 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
After nearly a year of further litigation, the defendants provided an answer with new matter in the case on April 4 – which substantively denied the crux of the plaintiff’s claims.
“Plaintiff’s complaint fails to state a cause of action upon which relief can be granted. Answering defendants breached no duty to plaintiff. Plaintiff’s claims are barred by the doctrine of assumption of the risk. Plaintiff’s claims are barred as answering defendants were not negligent. Plaintiff’s claims are barred in whole or in part because the alleged injuries, if any, were not caused by the actions or inactions of answering defendants. Plaintiff’s claims are barred by virtue of the comparative and/or contributory negligence of plaintiff,” the defense’s answer stated, in part.
“Plaintiff’s claims are barred, or must be reduced, by virtue of the Pennsylvania Comparative Negligence Act, also known as the Fair Share Act, the provisions of which are incorporated as though set forth in full. Plaintiff’s claims are barred by the doctrine of in pari delicto. Plaintiff’s claims are barred as defendants owed no duty to plaintiff for the harm alleged. Plaintiff’s damages and/or injuries, if any, were caused by individuals and/or entities not under the control of answering defendants. Plaintiff’s claims are barred by collateral estoppel and res judicata. Plaintiff’s claims are barred and/or limited as plaintiffs may have executed a release in favor of answering defendants.”
On April 8, plaintiff replied to the answer and new matter by denying it in its entirety and demanding strict proof of same at trial.
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