Matharu v. Muir

86 A.3d 250, 2014 Pa. Super. 29, 2014 WL 688191, 2014 Pa. Super. LEXIS 93
CourtSuperior Court of Pennsylvania
DecidedFebruary 21, 2014
StatusPublished
Cited by29 cases

This text of 86 A.3d 250 (Matharu v. Muir) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matharu v. Muir, 86 A.3d 250, 2014 Pa. Super. 29, 2014 WL 688191, 2014 Pa. Super. LEXIS 93 (Pa. Ct. App. 2014).

Opinion

OPINION BY DONOHUE, J.:

Scott D. Muir, D.O. (“Dr. Muir”), Fiori-na Pellegrino, D.O. (“Dr. Pellegrino”), Ha-zelton Women’s Care Center (“Hazelton”) and Muir OB/GYN Associates, P.C. (“Muir Associates”) (collectively, “Appellants”) appeal from the order denying, in part, their motion for the entry of summary judgment against Baljinder S. Matharu (“Father”) and Jessica A. Matharu (“Mother”), individually and as Administrators of the Estate of Milan Singh Matharu (“Child”) (collectively, “Appellees”). This Court previously affirmed the trial court’s order in' an en banc decision dated June 28, 2011. On August 22, 2013, the Supreme Court of Pennsylvania vacated this decision and remanded the case to this Court for reconsideration in light of its decision in Seebold v. Prison Health Serv., 618 Pa. 632, 57 A.3d 1232 (2012). For the reasons set forth herein, we conclude that this case is distinguishable from Seebold. Accordingly, we again affirm the trial court’s order.

In its written opinion, the trial court aptly summarized the relevant and undisputed factual background of this case:

1. The instant wrongful death/survival action was instituted by summons on April 25, 2007, followed by a Complaint on June 26, 2007.
2. An Answer and New Matter was filed by [Appellants] on October 4, 2007.
3. [Mother] gave birth to her first child [S.M.] on February 21,1997.
4. [Mother’s] pre-natal care for [S.M.] was rendered by a physician other than [Appellants] herein.
5. Blood work during the 1997 pregnancy indicated [that Mother] was Rh-negative.
6. [Father] was determined in 1997 to be Rh-positive.
7. After [the] delivery of [S.M., Mother] was administered RhoGAM (Rh im-munoglobulin).
8. In 1997, [Mother] was aware that she was Rh-negative and that she had been administered RhoGAM.
9. In 1998, [Mother] became pregnant again, and in May, 1998, came under the care of [ ] Dr. Muir and Dr. Pellegrino, at [] Hazleton Women’s Care Center.
10. [Mother] was again found to be Rh-negative during this second pregnancy.
[253]*25311. [Mother] was not given an injection of RhoGAM at 28 weeks [of] gestation on the second pregnancy.
12. [Mother] delivered her second child [Sandeep] on October 3,1998.
13. [Mother] did not receive an injection of RhoGAM within 72 hours of this birth.
14. Following the birth of [Sandeep] and while [Mother] was still in the hospital, [Dr.] Muir told both [Mother and Father] that no RhoGAM had been administered to [Mother] and that she had become sensitized during the third trimester.
15. The discharge summary evidences a conversation between [Dr.] Muir and [Mother and Father] regarding the ramifications of Rh sensitization, including the effects on an unborn fetus. It further indicates that [Mother and Father] stated [that] they desired no more children. [Mother] was advised to seek early prenatal care at the next pregnancy.[FN]
16. Within a few weeks of [Sandeep’s] birth, [Mother and Father] contacted a law fírm[,] which sought to obtain a copy of [Dr.] Muir’s medical chart on [Mother].
17. After consultation with a lawyer, and within two (2) years of [Sandeep’s] birth, [Mother and Father] did not file a lawsuit regarding the failure to administer RhoGAM.
18. In 2000, [Mother] became pregnant again, but underwent an abortion at Allentown Women’s Center. [None of the Appellants] provided any care or treatment for this pregnancy.
19. [Mother] did not receive RhoGAM at the time of her 2000 abortion.
20. In late 2001, [Mother] became pregnant a fourth time. She telephoned [Dr.] Muir and had a discussion with him regarding this pregnancy and her sensitization.
21. [Mother] returned to the care of [Appellants] on March 12, 200[2], at 14.3 weeks [of] gestation. [Dr.] Muir sent [Mother] to Lehigh Valley Hospital for consultation in the Department of Maternal Fetal Medicine.
22. On August 6, 2002, [Mother] gave birth to her fourth child, [M.], at Lehigh Valley Hospital.
23. The last chart note of any contact between [Mother] and [Appellants’] office is a call by [Mother] on July 29, 2002.
24. [Mother’s] last office visit with [Appellants] was [on] July 8, 2002.
25. [Mother] never presented for a follow-up [postpartum] visit with [Appellants] after the birth of [M.].
26. Subsequent to this birth, [Dr.] Muir sent [Mother] a letter requesting her to schedule a post-partum appointment.
27. In and around March, 2003, after receiving no response, [Dr.] Muir sent a certified letter to [Mother] dismissing her from his practice. The letter was signed for and received by [Mother] on March 15, 2003.
28. As of March 15, 2003, [Mother] was no longer a patient of [Appellants] and no longer had a doctor-patient relationship with [Appellants].
29. [Mother] suffered a miscarriage early in her fifth pregnancy on January 23, 2005.
30. In mid[-]2005, [Mother] became pregnant for a sixth time.
31. [Mother] did not consult [Appellants], and [Appellants] provided no care or treatment during this sixth pregnan[254]*254cy. No doctor-patient relationship was formed between [Mother] and [Appellants] during this sixth pregnancy.
32. For this sixth pregnancy in 2005, [Mother] received her pre-natal care from Dr. Vourtsin and the Department of Maternal Fetal Medicine at Lehigh Valley Hospital.
33. During this sixth pregnancy, [Mother] knew she was iso-immunized and that there were certain risks associated with pregnancy.
34. [Mother] became aware that she had become iso-immunized in October, 1998, after the birth of her second child, [SJ.
35. [Mother’s] sixth pregnancy proceeded without complication until November, 2005, or 26 weeks [of] gestation.
36. In late October, 2005, fetal blood work showed anemia, so [Mother] underwent intraperitoneal transfusion.
37. On November 10, 2005, [Mother] returned to Lehigh Valley Hospital. While undergoing a PUBS procedure with intrauterine transfusion (percutaneous umbilical blood sampling), [Child’s] heart rate became non-reassuring and abruption was suspected.
38. An emergency C-section was performed on November 10, 2005. [Milan Matharu] was born and then transferred to Children’s Hospital of Philadelphia, where he died two days later.

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Bluebook (online)
86 A.3d 250, 2014 Pa. Super. 29, 2014 WL 688191, 2014 Pa. Super. LEXIS 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matharu-v-muir-pasuperct-2014.