Submitted: October 10, 2014
Upon Consideration of Defendants' Motion to Dismiss
Chandra J. Williams, Esq., Rhodunda & Williams, Wilmington, Delaware. Attorney for Plaintiffs.
Dennis D. Ferri, Esq., Morris James, Wilmington, Delaware. Attorney for Defendant Caballero-Goehringer.
Lorenza A. Wolhar, Esq., Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, Delaware. Attorney for Defendant Center for Pediatric and Adolescent Medicine, P.A.
JAMES T. VAUGHN, JUDGE
This case involves a claim arising from an incident during a doctor's appointment that took place on April 27, 2012. The plaintiffs are Kiley Ann Greenwald, a minor, ("Kiley"), and her parents, Colleen Greenwald ("Mrs. Greenwald") and Garry Greenwald ("Mr. Greenwald"), individually and as Guardians Ad Litem for Kiley (collectively, "plaintiffs"). The defendants are Linda Caballero-Goehringer, M.D. ("Dr. Caballero") and Center for Pediatric and Adolescent Medicine, P.A. ("the Center") (collectively, "defendants").
Defendant Dr. Caballero filed this Motion to Dismiss for plaintiffs' failure to file an affidavit of merit pursuant to 18 Del. C. § 6853(a)(1).
On April 27, 2012, Mrs. Greenwald took her daughter Kiley, who was four months old at the time, to the Center for a routine infant checkup with Dr. Caballero. Kiley was placed on an examination table, which was allegedly positioned in an unsafe and dangerous manner. During the checkup, a nurse entered the examination room and engaged Dr. Caballero in conversation. While Dr. Caballero continued her conversation with the nurse, Kiley rolled off the examination table and onto the floor. Dr. Caballero was allegedly so engaged in conversation that several seconds passed with Kiley crying on the floor while Mrs. Greenwald rushed around the examination table to pick up her daughter and alert the doctor that Kiley had fallen.
Following the fall, Dr. Caballero told Mrs. Greenwald that Kiley's fall did not warrant further treatment or a hospital visit. Relying on Dr. Caballero's advice and believing that Kiley was okay, Mrs. Greenwald advised Mr. Greenwald to continue his planned military trip.
After Dr. Caballero left the examination room, a male nurse entered the room and examined Kiley. Concerned by his observations, he was heard arguing with Dr. Caballero when he left the room. Dr. Caballero then reentered the room and sent Kiley for an x-ray. Mrs. Greenwald took Kiley to Kent General Hospital for an x-ray, the results of which created such concern that Kiley was sent for an immediate CT Scan. The results of the CT Scan caused need for Kiley to be emergency airlifted to Nemours/A.I. DuPont Hospital for Children in Wilmington, Delaware. Mrs. Greenwald was not permitted to accompany her daughter on the helicopter and instead had to drive from Milford to Wilmington alone while Mr. Greenwald was unavailable on an airplane and unable to be by Mrs. Greenwald's or his daughter's side.
Kiley sustained significant head injuries, pain, and suffering, all of which may be permanent in nature. The plaintiffs allege that these injuries were proximately caused by Dr. Caballero's gross negligence, recklessness, and/or failure to ensure Kiley's safety.
Mrs. Greenwald and Mr. Greenwald have suffered mental anguish and emotional distress, as well as extensive medical expenses for the treatment of Kiley's head injuries, all of which they claim were also proximately caused by Dr. Caballero's gross ...