Blair v. Mehta

67 Pa. D. & C.4th 246, 2004 Pa. Dist. & Cnty. Dec. LEXIS 164
CourtPennsylvania Court of Common Pleas, Lycoming County
DecidedJune 10, 2004
Docketno. 03-00954
StatusPublished

This text of 67 Pa. D. & C.4th 246 (Blair v. Mehta) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lycoming County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blair v. Mehta, 67 Pa. D. & C.4th 246, 2004 Pa. Dist. & Cnty. Dec. LEXIS 164 (Pa. Super. Ct. 2004).

Opinion

KIESER, J.,

Before the court for determination are the preliminary objections of defendants Pankaj G. Mehta M.D. and Women’s Health Care Associates PC. filed November 7,2003. The defendants raise four preliminary objections. The court will deny in part and grant in part the preliminary objections.

[248]*248The preliminary objections presently before the court were filed in response to the amended complaint filed on October 21, 2003. The amended complaint alleges the following facts. On June 16, 2001, Brenda Blair, the deceased, first began experiencing vomiting and diarrhea. Three days later on the 19th, Brenda experienced vomiting and abdominal pain. Around 9 that night, Joyce Blair, Brenda’s mother, took Brenda to the Williamsport Hospital’s emergency room. At 11:45 p.m., Dr. Simms examined Brenda and ordered blood studies. He diagnosed her with acute abdominal pain. He discharged Brenda at 1:40 a.m. after proscribing her Levsinex and advising her to increase her fluids and follow up with her family physician.

At 6 a.m. on June 20,2001, the Williamsport Hospital called Brenda and informed her that she had an elevated white blood count. At 8:15 a.m. that day, Brenda went back to the emergency room because her abdominal pain had worsened. She complained of increasing lower abdominal pain, vomiting and diarrhea. Dr. Datta examined Brenda. The examination revealed that Brenda’s abdomen was tender and no bowel sounds were present. Dr. Datta ordered an IV, labs, an abdominal and pelvic CT scan, and intravenous IV Toradol and Droperidol. The lab work indicated an elevated white blood count, elevated segs, and decreased lymphs. The pelvic CT scan showed posterior pelvic fluid and inflammatory changes. Dr. Datta consulted Dr. Mehta. Dr. Mehta requested that Brenda be brought to her office at the hospital.

Dr. Mehta’s examination of Brenda found that Brenda had a significant amount of abdominal pain and generalized tenderness. Brenda also complained of continued [249]*249nausea. Dr. Mehta’s impression was moderate to severe abdominal and pelvic pain with unknown etiology. Dr. Mehta decided to perform a laparoscopy on Brenda. At 1:36 p.m. on June 20, 2001, Brenda was admitted to the Williamsport Hospital. At 6:35 p.m., Dr. Mehta performed the laparascopy. The pelvic organs including tubes, ovaries, and uterus were found to be normal. There was a lot of small bowel distension caused by gas making it impossible to view the appendix.

Following the laparascopy, Brenda received pain medication at 9 and 11 p.m. Early in the morning of the 21st, Brenda was given additional pain medication and had lab work done. The lab work indicated that her white blood count was elevated, but not as high as before, and decreased segs. Brenda received pain medication at 9:30 a.m. and again at 2:30 p.m. Dr. Mehta ordered additional blood work at 4 p.m. It showed a slight decrease in white blood count, but it was still elevated. Dr. Mehta concluded that Brenda should be discharged. Dr. Mehta wrote prescriptions for antibiotics and pain medication. Brenda was discharged shortly thereafter, despite being in significant pain.

Brenda’s pain continued while she was at home. She remained in bed and could not eat. On June 24, 2001, Brenda called the Williamsport Hospital emergency room to see if anything could be done for the gas pain she was experiencing. She was advised to take Gas X. Brenda took the Gas X, but it did not relieve her pain.

On June 25, 2001, Brenda called Dr. Mehta’s office complaining of a lot of gas and significant abdominal pain. Brenda was instructed to take a dose of a laxative that day and use as needed the next day. Joyce Blair pur[250]*250chased the laxative for Brenda and Brenda took some of it. After ingesting the laxative, Brenda experienced severe pain and her condition worsened to the point of delirium.

On June 27, 2001, an ambulance transported Brenda to the Williamsport Hospital emergency room. She arrived at 5:20 a.m. An emergency room physician examined Brenda. She had an elevated pulse and respiratory rate. Brenda’s abdomen was distended and tender. Brenda was pale, cool and clammy with mottling of her arms and legs. Her blood pressure had dropped, and she had an elevated white blood count. A CT scan of the abdomen showed a significantly distended stomach with air in the small bowel. The stool was positive for blood.

Brenda was admitted to the intensive care unit at 11:24 a.m. At 3:20 p.m. she underwent abdominal exploratory surgery. The surgical exploration revealed total necrosis of the small bowel with additional ischemic damage to the right colon and transverse colon. The surgeon stopped midway through the surgery to discuss Brenda’s condition with her family. Brenda’s abdomen was closed and she was returned to the critical care unit at 4:45 p.m.

On June 28, 2001, at 2 a.m., nursing personnel contacted Brenda’s family because her condition had deteriorated. Brenda died at the Williamsport Hospital on June 28, 2001, at 2:33 a.m. On June 29, 2001, an autopsy was performed that concluded the cause of death was complications of fulminant inflammatory bowel disease including mesenteric thrombophlebitis with bowel infarction.

At the time of her death, Brenda Blair was 36 years old. She was survived by her parents, Joyce A. and Joseph Blair and a sister, Catherine Winnie.

[251]*251The first of the four preliminary objections defendants raise is that the allegations of negligence are not sufficiently specific. Defendants contend that the allegations in paragraphs 68.4,68.6,68.8 and 69.8 are general, vague and boilerplate allegations that would permit the plaintiffs to file new causes of action after the expiration of the statute of limitations.

The second preliminary objection is that the damages sought by the plaintiffs in paragraphs 69.6 and 133 are not compensable under the Wrongful Death Statute, 42 Pa.C.S. §8301. Citing Skoda v. West Penn Power Company, 411 Pa. 323, 191 A.2d 822 (1963), defendants assert that damages for services, companionship, society, comfort, guidance, solace, protection, friendship, love, tutelage and affection cannot be recovered under the Wrongful Death Statute. Defendants assert that “wrongful death damages are only awarded to compensate certain enumerated relatives of the deceased for the pecuniary loss occasioned to them through the deprivation of the part of the earnings of the deceased which they would have received from him had he lived.” Brief in support of preliminary objections of defendants Pankaj G. Mehta M.D. and Women’s Health Care Associates P.C. to plaintiffs’ amended complaint, Blair v. Mehta, no. 03-00,954 at 4 (Lycoming Cty. 2003).

The third preliminary objection is that plaintiffs have failed to state a claim for negligent infliction of emotional distress against defendants. Defendants contend that plaintiffs have failed to allege that they had knowledge or showed knowledge of the alleged negligent treatment as it was occurring.

[252]*252The fourth preliminary objection is that the request for punitive damages against Dr. Mehta in Count XIII of the amended complaint should be stricken. Dr. Mehta argues that the allegations in the amended complaint do not rise to the level of egregiousness that would warrant an award of punitive damages. Rather, at most, the allegations sound of negligence.

In response, plaintiffs argue that the allegations of negligence are sufficiently specific.

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Bluebook (online)
67 Pa. D. & C.4th 246, 2004 Pa. Dist. & Cnty. Dec. LEXIS 164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blair-v-mehta-pactcompllycomi-2004.