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Verrastro v. Bayhealth Medical Center, Inc.

Superior Court of Delaware, New Castle

July 24, 2015

NICOLE B. VERRASTRO, as Surviving Daughter of Bridget E. Verrastro, and CHRISTOPHER GIERY as the Executor of the Estate of Bridget E. Verrastro, Plaintiffs,
v.
BAYHEALTH MEDICAL CENTER, INC., PAUL A. FEDALEN, M.D., BAYHEALTH CARDIOVASCULAR SURGICAL ASSOCIATES, BRANDT J. FEUERSTEIN, M.D., EDEN HILL SURGICAL GROUP, P.A., BRAIN J. WALSH, D.O., DOVER PULMONARY, P.A., TRICIA DOWNING, M.D., REBAKAH BOENERJOUS, M.D., and BAYHEALTH HOSPITALISTS, LLC, d/b/a BAYHOSPITALISTS, LLC, Defendants

Submitted: June 17, 2015.

Upon Defendants Paul A. Fedalen, M.D., Brandt J. Feuerstein, M.D., and Eden Hill Surgical Group, P.A.'s Motion to Dismiss, DENIED.

Upon Defendants Brian J. Walsh, D.O. and Dover Pulmonary, P.A.'s Motion to Dismiss, DENIED.

Ben T. Castle, Esquire, Hudson & Castle Law, LLC, Wilmington, Delaware, Attorney for Plaintiffs.

John D. Balaguer, Esquire, Christine Kane, Esquire, White and Williams LLP, Wilmington, Delaware, Attorneys for Defendants Paul A. Fedalen, M.D., Brandt J. Feuerstein, M.D., and Eden Hill Surgical Group, P.A.

Bradley J. Geowert, Esquire, Lorenza A. Wolhar, Esquire, Marshall Dennehey Warner Coleman & Goggin, Wilmington, Delaware, Attorneys for Defendants Brian J. Walsh, D.O. and Dover Pulmonary, P.A.

OPINION

Page 677

PAUL R. WALLACE, JUDGE.

I. INTRODUCTION

This is an action for medical negligence and wrongful death. Plaintiffs, Nicole B. Verrastro, as Surviving Daughter of Bridget E. Verrastro, and Christopher Giery as the Executor of the Estate of Bridget E. Verrastro (collectively, " Plaintiffs" ), sent a Notice of Intent to Investigate (" Notice of Intent" ) to various doctors and medical practices pursuant to Title 18, section 6856(4) of the Delaware Code. Plaintiffs subsequently filed a Complaint against multiple defendants outside of the two-year statute of limitations for medical negligence and wrongful death, but within the 90-day tolling period provided in § 6856(4). Defendants Paul A. Fedalen, M.D., Brandt J. Feuerstein, M.D., Eden Hill Surgical Group, P.A., Brian J. Walsh, D.O., and Dover Pulmonary, P.A. (collectively, " Defendants" ) now move to dismiss the claims against them on the grounds that the Notices are deficient under § 6856(4) and therefore failed to toll the statute of limitations. They argue Plaintiffs' claims are thus time-barred. For the reasons set forth below, Defendants' Motions to Dismiss are DENIED.

II. FACTUAL AND PROCEDURAL BACKGROUND

According to the Plaintiffs' Complaint, Bridget E. Verrastro presented to Defendant Bayhealth Medical Center, Inc.'s Milford Memorial Hospital emergency department on August 12, 2012 for difficulty breathing and chest pain. While at the hospital, Ms. Verrastro allegedly saw Dr. Feuerstein and was told to follow-up with Dr. Fedalen. She was discharged that day. The next morning, she reported to Defendant Bayhealth's Kent General Hospital's emergency room, allegedly at Dr. Fedalen's direction, for shortness of

Page 678

breath. Ms. Verrastro was admitted later that day. The Complaint further alleges Dr. Fedalen and Dr. Walsh were involved in Ms. Verrastro's treatment there. Ms. Verrastro died at Kent General Hospital on August 14, 2012. Her primary cause of death was listed on her death ...


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