WILLIAMSPORT – Defendants named in a lawsuit from a woman who alleged she was injured during a treadmill-based medical stress test, are seeking to have the plaintiff’s case thrown out for failure to file a Certificate of Merit.
Jane Shaner of Muncy first filed suit in the Lycoming County Court of Common Pleas on June 14 versus Nicholas Dalessandro, D.O., Timothy Albert Bradley, PA-C, UPMC, UPMC Williamsport, UPMC Susquehanna Health Hospitalist Service, Susquehanna Health Hospitalist At WRMC, Susquehanna Health Hospitalist Service, SPS Hospitalist Service, NCPHS Health Education (doing business as “Susquehanna Physician Services”, Susquehanna Physician Services and UPMC Health Services, all of Williamsport.
“On July 24, 2021, the plaintiff was 52 years old and was admitted to UPMC Williamsport with complaints of chest tightness and pain. At all times pertinent hereto, plaintiff had a past medical history which included hypertension and migraines. On July 25, 2021, plaintiff was undergoing a stress test on a treadmill. The stress test was ordered by defendant Timothy Albert Bradley, PA-C. Defendant Nicholas Dalessandro, D.O. was defendant Timothy Albert Bradley, PA-C’s supervising doctor at the time the stress test was ordered,” the suit said.
“While undergoing the stress test, the defendants’ agents, ostensible agents, servants, partners, workmen, and/or employees, and/or healthcare providers continued to increase the speed of the treadmill. When the speed of the treadmill was increased, the plaintiff informed the staff that she felt the treadmill was going too fast and that she could not keep up with the speed. Despite the plaintiff’s protests, the defendants’ agents, ostensible agents, servants, partners, workmen, and/or employees, and/or healthcare providers did not turn down the speed of the treadmill and/or stop the treadmill. As a result, the plaintiff fell on her left side.”
The suit added that immediately after the fall, the plaintiff experienced pain in her left knee and shoulder.
“As a result of the fall, plaintiff suffered a comminuted fracture of the left humeral head requiring open reduction, internal fixation, left knee pain, shoulder pain, and shock to her nerves and nervous system, all of which caused her and will continue to cause her for an indefinite period of time in the future, great pain, agony and suffering, both physical and mental. As a result of the negligent acts and omissions of the defendants as is more fully set forth herein at length, plaintiff sustained serious and permanent injuries,” the suit stated.
“As a direct and proximate result of the defendants’ departure from the standard of care and injuries sustained, plaintiff has been forced to undergo medical treatment and medical procedures including but not limited to diagnostic studies including: surgery, x-rays, medication, therapies and other expenses in an effort to treat and cure herself of the injuries sustained and she will be obliged to expend additional sums of money for the same purposes in the future because her injuries are permanent in nature. As a direct and proximate result of the negligent acts and omissions of the defendants as is more fully set forth here at length, plaintiff has expended, and will expend for an indefinite time in the future, various and substantial amounts of money for the medicine and medical attention in and about endeavoring to treat and cure herself of her injuries, all to her great financial loss and detriment.”
UPDATE
On July 17, the defendants filed a notice of intention to seek a judgment of non pros based on failure to file a Certificate of Merit along with the complaint.
“Pursuant to Pennsylvania Rule of Civil Procedure 1042.7, the undersigned intends to enter a judgment of non pros against you after 30 days of the date of the filing 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 defendants Nicholas Dalessandro, DO, Timothy Albert Bradley, PA-C, UPMC, UPMC Williamsport, UPMC Susquehanna Health Hospitalist Service, Susquehanna Health Hospitalist at WRMC, Susquehanna Health Hospitalist Service, SPS Hospitalist Service, NCPHS Health Education (doing business as “Susquehanna Physician Services”), Susquehanna Physician Services and UPMC Health Services,” the notice stated.
“The judgment of non pros will be entered as to all claims against defendants Nicholas Dalessandro, DO, Timothy Albert Bradley, PA-C, UPMC, UPMC Williamsport, UPMC Susquehanna Health Hospitalist Service, Susquehanna Health Hospitalist at WRMC, Susquehanna Health Hospitalist Service, SPS Hospitalist Service, NCPHS Health Education (doing business as “Susquehanna Physician Services”), Susquehanna Physician Services and UPMC Health Services.”
For 22 total counts of negligence, negligent infliction of emotional distress and vicarious liability, the plaintiff is seeking damages, jointly and severally, in excess of $50,000, plus interest, costs and such other relief as this Court deems appropriate.
The plaintiff is represented by Caroline Munley and Mackenzie E. Wilson of Munley Law, in Scranton.
The defendants are represented by Brian J. Bluth of McCormick Law Firm, in Williamsport.
Lycoming County Court of Common Pleas case CV-2023-00633
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com