MEDIA – A state court judge has sustained preliminary objections made in a lawsuit brought by a Drexel Hill plaintiff, who contended that an urgent care facility in Havertown negligently failed to diagnose a woman’s pneumonia, later causing her to die of the condition in December 2019.
Balvinder S. Kashyap (individually and as Administrator of the Estate of Christina M. Mongelli, deceased) of Drexel Hill filed suit in the Delaware County Court of Common Pleas on Oct. 15 versus AFC Urgent Care Havertown, Delco Urgent Care, LLC (doing business as “AFC Urgent Care Havertown”), Delco Urgent Care II, LLC (doing business as “AFC Urgent Care Havertown”), Jan Gavis, D.O., John/Jane Doe and John Doe Corporation, all of Havertown.
“On Dec. 28, 2019, plaintiff’s decedent presented to defendants’ medical facility AFC Urgent Care, located at 115 West Eagle Road, Havertown, PA 19083, with complaints of fatigue, body ache, problems breathing problems speaking headache and sore throat and plaintiff reported these symptoms caused her to be confined to her bed for the previous two days,” the suit said.
“Defendant Dr. Gavis saw plaintiff for medical care as part of her employment and/or agency on behalf of Delco Urgent Care II, LLC. Defendant Dr. Gavis saw plaintiff for medical care as part of her employment and/or agency on behalf of Delco Urgent Care, LLC. Dr. Gavis reported in Christina Mongelli’s medical records that vitals were taken at 2:41 p.m. The medical records report that Ms. Mongelli was then discharged ‘to home or self-care’ at 2:50 p.m.”
Kashyap added that while medical records indicate a test for influenza was administered but came up negative – the defendants “failed to properly evaluate Ms. Mongelli’s condition, failed to determine the cause of Ms. Mongelli complaints and symptoms, failed to refer the decedent for emergency care, failed to diagnose and/or misdiagnosed Ms. Mongelli, improperly discharged Ms. Mongelli only nine minutes after obtaining her vital signs and failed to take repeat vital signs.
“During her brief time at AFC Urgent Care before being discharged, Ms. Mongelli physical and mental condition degraded. Following her discharge from AFC Urgent Care, Ms. Mongelli’s physical and mental condition further degraded. As a result of the negligence of all defendants, and of Dr. Gavis on behalf of all defendants by virtue of agency, Ms Mongelli’s condition declined and she was thereby caused to die at her home during the early morning hours of Dec. 29, 2019. Ms. Mongelli’s cause of her death was listed as Bronchopneumonia on her death certificate,” per the suit.
“The permanent injuries, disability conscious pain and suffering, emotional anguish prior to her death and ultimately the death of plaintiff’s decedent was caused by the carelessness and negligence of defendants all of which was a direct and proximate result of said conduct of said defendants acting through their agents ostensible agents servants and employees, including their nurses and physicians, and said injuries and death were not caused, in any manner whatsoever, by any negligence, act or failure to act on the part of plaintiff or plaintiff’s decedent.”
On Nov. 18, 2021, defense counsel filed a notice of intention to enter judgment of non pros, for failure on the part of the plaintiff’s counsel to file a certificate of merit.
“Pursuant to Pennsylvania Rule of Civil Procedure 1042.7, I intend to enter a judgment of non pros against you after 30 days of the date of the fining of this notice if a certificate of merit is not filed as required by Rule 1042.3. I am serving this notice on behalf of all defendants. The judgment of non pros will be entered as to all claims,” the notice stated.
Court records indicated that the plaintiff’s counsel filed the necessary certificates of merit the following day.
UPDATE
On March 21, the defendants filed extensive preliminary objections, wanting all claims against John/Jane Doe and John Doe Corporation dismissed, all claims against unnamed nurses dismissed, all claims of corporate negligence dismissed and all of claims of negligent medical documentation dismissed.
In response to the defendants’ preliminary objections, Delaware County Court of Common Pleas Judge John J. Whelan sustained them in an Oct. 3 order.
“Upon consideration of defendants’ preliminary objections to plaintiff’s amended complaint, and no response thereto, it is hereby ordered that said preliminary objections are sustained. It is hereby further ordered that defendants John/Jane Doe and John Doe Corporation and all claims asserted against them are dismissed from this action. Allegations of agency against unnamed nurses in Paragraphs 12 13, 31, 35, 37, 39, 40, 45, 46, 50, 53, 55 57 and 70 of plaintiff’s amended complaint are stricken and dismissed,” Whelan said.
“Plaintiff‘s corporate negligence claims against defendants AFC Urgent Care Havertown, Delco Urgent Care LLC and Delco Urgent Care II, LLC, related to alleged defects in staffing supervision and/or management of staff are stricken and dismissed. Paragraphs 38 and 48 of plaintiff‘s complaint are stricken and dismissed, as are any and all other allegations of negligent medical recordation and/or documentation,” Whelan said.
For counts of negligence, vicarious liability, corporate liability, survival and wrongful death, the plaintiff is seeking, jointly and severally, in excess of $50,000 and in excess of the local limits of arbitration, plus interest, costs and delay damages.
The plaintiff is represented by Justin M. Bernstein of Kenneth R. Schuster & Associates, in Media.
The defendants are represented by Benjamin A. Post of Post & Post, in Berwyn.
Delaware County Court of Common Pleas case CV-2021-008669
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com