SCRANTON – A physician from Moses Taylor Hospital has denied liability in a negligence and medical malpractice lawsuit he and others face from the parent of a minor girl who suffered a case of appendicitis.
Joseph Cramer (individually and as parent and natural guardian of G.C., a minor child) of Old Forge first filed suit in the Lackawanna County Court of Common Pleas on Aug. 9, 2021 versus Scranton Quincy Hospital Co., LLC (doing business as “Moses Taylor Hospital”), Pennsylvania Physician Services, LLC and Gerard Maritato, M.D., all of Scranton.
“On or about May 2, 2016, G.C. was admitted to the Emergency Department of Moses Taylor Hospital due to nausea, vomiting and abdominal pain for two days. At or around 7:04 p.m. on May 2, 2016, G.C. the nursing initial assessment was performed, identifying her primary complaint as abdominal pain with sudden onset two days prior to arrival, described as acute, continuous, sharp, and stabbing; located in the epigastric and right upper quadrant area; exacerbated by food and relieved by vomiting, and rated a 10,” the suit said.
“It is documented that G.C.’s last bowel movement was 3-4 days prior to admission to the Emergency Department. G.C.’s temperature and heart rate were elevated at 99.4 degrees and 126 beats per minute, both of which are indicative of an infection such as appendicitis. G.C.’s lab results were indicative of an infection, including elevated white blood cells, neutrophils and lymphocytes, all of which indicated an infection such as appendicitis.”
G.C. was then evaluated by the Emergency Department physician, Dr. Maritato, whose assessment revealed abdominal tenderness, guarding of the right lower quadrant and also a history of the pain occurring with jumping up and down, all of which are indicative of an infection such as appendicitis.
“G.C.’s lab results were indicative of an infection, including elevated white blood cells, neutrophils, and lymphocytes, all of which indicated an infection such as appendicitis,” per the suit.
“G.C. was evaluated by Emergency Department physician, Dr. Maritato, whose assessment revealed abdominal tenderness, and guarding of the right lower quadrant, and also a history of the pain occurring with jumping up and down, all of which are indicative of an infection such as appendicitis.”
Despite additional tests leading one to allegedly believe that G.C. was afflicted with appendicitis, Maritato ruled her to be stable and discharged her from the hospital, but her condition worsened and led her to be examined by a different physician, Dr. Michael Sunday – who performed an appendectomy on G.C. on May 4, 2016.
During the surgery, purulence was noted around the appendix, revealing perforation of the appendix and development of peritonitis. G.C. suffered post-operative pain and nausea, remaining in the hospital until May 9, 2018.
“Dr. Sunday informed G.C. that with two or three days’ worth of appendicitis, there is the possibility of residual disease after the appendix are removed, leading to abscess formations in the pelvis, or possible wound infection,” the suit stated.
“As a direct and proximate result of the appendix being allowed to rupture, and the resultant peritonitis infection, G.C. was required to return to the Emergency Department on May 18, 2016 due to the sudden onset of pain in the suprapubic area, left lower abdominal quadrant, and right lower abdominal quadrant.”
On Nov. 3, counsel for Moses Taylor Hospital filed a stipulation in lieu of preliminary objections, which looks to ultimately reduce damages in play for the case.
“Plaintiff shall identify all unidentified ‘employees, agents, apparent agents and/or ostensible agents’ of defendant Moses Taylor Hospital, including, but not limited to, those referenced in Paragraphs 4, 29, 30, 31 and 32 of the plaintiff’s amended complaint, at least 30 days prior to the deadline for the production of plaintiff’s expert reports. If no additional health care providers are identified within the time set forth herein, all claims regarding unidentified ‘employees, agents, apparent agents and/or ostensible agents’ of defendant Moses Taylor Hospital, as contained in plaintiff’s complaint, shall be stricken, with prejudice,” the stipulation read.
“Plaintiff agrees that he is not pursuing damages on behalf of Joseph Cramer, individually, and that all claims set forth in the instant action are asserted on behalf of Joseph Cramer, as parent and natural guardian of G.C., a minor child. The caption to the instant action will be amended accordingly.”
The stipulation added that the parties have agreed the plaintiff “is not pursuing any claims relative to the care and treatment of G.C., received in connections with her care and treatment at Moses Taylor Hospital from May 4, 2018 through May 18, 2018, and that Paragraphs 20 through 27 of the plaintiff’s amended complaint have been included only as pertinent factual background relative to G.C.’s treatment course and alleged damages.”
The stipulation also gave the hospital 20 days to file an answer to the plaintiff’s amended complaint, or by Nov. 23.
On Nov. 23, Moses Taylor Hospital provided such an answer to the complaint, which denied the plaintiff’s allegations in their entirety and also provided new matter.
“The amended complaint, in whole or in part, fails to state a cause of action upon which relief can be granted, may be barred by the doctrine of contributory negligence, may be barred by the doctrine of comparative negligence and/or limited by that particular doctrine and may be barred by the doctrine of assumption of risk and/or limited by that particular doctrine,” the new matter stated.
“Answering defendant acted reasonably, properly and within the applicable standard of care. No act or omission by answering defendant was a substantial factor, proximate cause, or cause in fact of the damages claimed by plaintiffs. Any alleged injuries were caused by plaintiff’s pre-existing medical condition, and were not caused by any alleged act or omission on the part of answering defendant. If plaintiff suffered any damages, which is denied by answering defendant, the claimed damages were caused by the acts and/or omissions of those over whom answering defendant had no duty or control.”
The hospital added that any damages recoverable in this case are subject to the Fair Share Act and that it is entitled to all applicable defenses provided under the Medical Care Availability and Reduction of Error (MCARE) Act.
UPDATE
Counsel for Maritato filed an answer to the complaint with new matter on May 16.
“Plaintiff’s claimed may be barred in whole or in part, by the applicable statute of limitations. Dr. Maritato pleads the affirmative defense of realwease, to the extent the same is or may become applicable. Plaintiff’s causes of action are barred in whole or reduced in part by the applicable doctrines of assumption of risk, comparative negligence and/or contributory negligence. Dr. Maritato raises all rights, immunities and damage limitations present in the MCARE Act. Dr. Maritato asserts all restrictions on joint and several liability as provided in the Fair Share Act.”
For multiple counts of negligence and negligent infliction of emotional distress, the plaintiff is seeking damages in excess of $50,000, plus costs and such other and further relief as the Court deems just and appropriate.
The plaintiff is represented by Eric W. Wassel of Wassel Law Office, in Pittston.
The defendants are represented by Stephen A. Ryan and Jonathan D. Weiss of Marshall Dennehey Warner Coleman & Goggin in King of Prussia, Stuart T. O’Neal and Amy Redington Riley of Burns White in West Conshohocken and Andrew Foulkrod and Eric Lauerman of Cipriani & Werner, in Lemoyne.
Lackawanna County Court of Common Pleas case 2021-CV-03354
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com