LANCASTER – A home health care agency and one of its nurses have settled a lawsuit brought by the parent of a child with cerebral palsy, which alleged that the defendants’ collective negligence led her disabled child to fall and suffer severe leg injuries, for $275,000.
Ardis E. Brandt (individually and as plenary guardian for Ardis E. Goldsborough) of Landisville first filed suit in the Lancaster County Court of Common Pleas on June 25, 2021 versus Nicole Young, L.P.N. and Maxim Healthcare Services, both of Columbia, Md.
“Ardis Goldsborough suffers from spastic diplegic cerebral palsy, convulsions, cortical blindness and a personal history of other diseases of the musculoskeletal system and connective tissue. Goldsborough is also non-verbal. On Jan. 24, 2019, the plaintiff entered into an agreement for Homecare Services with Maxim Healthcare Services, to provide continuous skilled nursing services in the home to Goldsborough,” the suit said.
“According to Maxim Healthcare Services’ Plan of Care for Ardis Goldsborough for the Certification Period of May 19, 2020 to July 17, 2020, one of the Goals/Rehabilitation Potential/Discharge Plans states that ‘Ardis will be free from falls or injuries per skilled nurse assessment and assistance/intervention as evidenced by no reported falls or injuries during the 60-day certification period.”
On June 16, 2020, the suit said Ardis fell while being transferred to a standing position and injured her left knee. This resulted in her being admitted to the University of Pittsburgh Medical Center Lititz and then transferred to Hershey Medical Center.
A subsequent x-ray showed “displaced acute supracondylar fracture distal femur with impaction and diffuse osteopenia” in the right knee, while the left knee showed “non-displaced impacted fractures of the medial and lateral tibial plateaus, along with osteopenia.”
“On June 19, 2020, Goldsborough was seen by Kirk Dabney, M.D., her treating orthopedist with Alfred duPont Hospital for Children. According to the medical records from this office visit, Goldsborough was placed in bilateral long leg modified Jones dressing with a small amount of fiberglass that had been molded by Dabney. According to the medical records, Dabney notes that the outside x-rays were reviewed independently at CHOP and showed ‘transverse insufficiency-type fractures of the left proximal tibia and the right distal femur,” according to the lawsuit.
“On Aug. 27, 2020, Dabney wrote a letter regarding Goldsborough’s return to school and gym. In his letter, Dabney notes, ‘Due to her medical complexity and recovery from a recent femur fracture, please provide homebound instruction.’ Dabney indicated he would re-evaluate Goldsborough’s return to school at the time of her next appointment on Nov. 20, 2020. Currently, Goldsborough still complains of pain when someone touches her legs.”
According to preliminary objections filed on Aug. 30, 2021, Young and Maxim Healthcare Services argued that the allegations of negligence offered in the complaint were improperly pled.
“Moving defendants bring these preliminary objections to the plaintiff’s complaint on the basis of plaintiff’s vague allegations of negligence and plaintiff’s assertion of individual claims on behalf of Ardis Brandt. According to the allegations in the plaintiff’s complaint, Ardis E. Goldsborough is the injured party. Plaintiff’s complaint does not plead any individual claims on behalf of Ardis E. Brandt, who is the plenary guardian of Ardis E. Goldsborough, according to the allegations in the complaint,” the objections stated.
“No individual claims have been asserted or pled on behalf of Ardis E. Brandt, and therefore any and all references to Ms. Brandt’s individual claims in the caption and in the complaint should be stricken. In addition, plaintiff’s complaint very broadly alleges that defendant, Nicole Young, L.P.N. failed to fulfill her duties when she ‘caused physical and emotional pain to Ardis Goldsborough’, and ‘failed to provide reasonably safe care to Ardis Goldsborough while in her care.’ Plaintiff’s allegations in paragraphs 41 (a) and (b) are insufficiently specific, overbroad, and vague, and leave open the possibility that moving defendants will have to defend against claims that are not more specifically pled in the plaintiff’s complaint.”
The defendants sought that Paragraphs 41(a) and 41(b) be stricken from the complaint – but they later filed an answer and new matter denying the plaintiff’s claims and simultaneously disposing of the preliminary objections in question.
UPDATE
After nearly two years of additional litigation, Young was dismissed as a defendant from the case through mutual stipulation, on June 15.
Then, a settlement was finalized and approved by Lancaster County Court of Common Pleas Judge Thomas B. Sponaugle on July 3, for a total amount of $275,000 and under the following terms:
• That from the settlement proceeds of $275,000, payment of attorney’s fees of $96,250 and $7,716.09 for reimbursement of expenses to the Law Office of April Strang-Kutay is approved;
• That from the settlement proceeds of $275,000, payment of the medical lien in the amount of $20,507.86 is approved;
• That from the settlement proceeds of $275,000, after deduction for attorney’s fees, reimbursement for expenses of litigation and payment of the medical lien, the sum to be placed in the special needs trust of $150,424.05 is approved.
The plaintiff was represented by April L. Strang-Kutay in Lancaster.
The defendants were represented by Heather A. Tereshko of Post & Schell, in Philadelphia.
Lancaster County Court of Common Pleas case CI-21-04216
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com