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WILKES-BARRE — New filings in a medical malpractice suit seek action against Geisinger Wyoming Valley Medical Center for alleged improper conduct by its attorneys.
The documents, filed Wednesday in Luzerne County Court, include a motion requesting monetary sanctions and a hearing regarding allegations attorneys for Geisinger violated the state Rules of Civil Procedure in their repeated attempts to communicate with a medical expert already retained by the estate of Dr. Jennifer A. Sidari.
Court papers say defense counsel has tried improperly for more than a year to discover the identity of consulting and testifying experts in efforts repeatedly rejected by Judge Tina Polachek Gartley.
Attempts to reach a Geisinger spokesperson Wednesday were not immediately successful.
Sidari, of West Pittston, died unexpectedly in May 2013 of complications resulting from a blood clot. The 26-year-old had graduated medical school less than three weeks earlier.
A civil complaint filed in January 2014 claims the woman’s death was preventable if not for a series of errors which began shortly after her admission to the Plains Township hospital. The suit seeks unspecified damages.
Prior to the suit’s initiation, attorneys for the plaintiffs retained pathologist Dr. Wayne Ross as a consulting expert for the litigation, court papers say, which prohibits the defendant and its counsel from contacting Ross in regards to the case.
Court documents say Geisinger attorney Kathleen Foley-Burke, of the law firm Post & Post, called Ross on Feb. 20, leaving a voicemail message asking to consult with him on a case involving the death of a 26-year-old woman. Hearing this in the beginning of the message, Ross stopped listening and deleted it, court papers say.
Ross then advised the attorney via text message that he had listened to only a portion of the message and a conflict prevented him from discussing the case with her, according to court documents.
Less than two weeks later, court papers allege, Foley-Burke again attempted to discuss the Sidari matter with him, indicating she had a new case without providing a name.
Ross’s assistant contacted the attorney and learned that she intended to discuss the Sidari case, court papers say. He then informed the attorney via email of the existing conflict in the case.
Court documents say Ross received an unsolicited letter with a CD on about March 31 from Foley-Burke’s partner at Post & Post. Seeing reference to the Sidari case on the package, Ross sent it back, according to court papers.
Wednesday’s motion and related documents cites a portion of the state Rules of Civil Procedure which prohibits one party in a legal action from discovering facts or opinions from an expert who is not expected to be called as a witness at trial except in certain circumstances.
Should a hearing reveal intentional violations, the documents say, the plaintiffs reserve the right to pursue further legal action against Geisinger.