Kathryn Van Brunt v. Beebe Medical Center, Inc. ( 2024 )

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
KATHRYN VAN BRUNT, Individually )
and as Personal Representative of the )
Estate of HAROLD VAN BRUNT and )
KRISTA GILLEN, )
)
Plaintiffs, )
)
v. ) C.A. No. N23C-10-064 MMJ
)
BEEBE MEDICAL CENTER, INC. d/b/a )
BEEBE HEALTHCARE, SUSSEX )
EMERGENCY ASSOCIATES, LLC, )
STEVEN GINDER, M.D., NEIL )
GASKILL, D.O., ARPINE AVAGYAN, )
M.D., and MADHU PRATTIPATI, M.D., )
)
Defendants. )
ORDER
Submitted: December 13, 2023
Decided: January 4, 2024
Upon Defendants’ Request to Determine if the Affidavit of Merit
Complies with 18 Del. C. §§ 6853(a)(1) and (c)
Section 6853(a)(1) of Title 18 of the Delaware Code provides that all
healthcare negligence complaints must be accompanied by an affidavit of merit as
to each defendant signed by an expert witness, accompanied by a current curriculum
vitae of the witness, stating that there are reasonable grounds to believe that there
has been healthcare medical negligence committed by each defendant.
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In this case, two affidavits of merit were filed under seal, as required.
Pursuant to 18 Del. C. § 6853(d), Defendants requested in camera review of the
affidavit(s) to determine compliance with Sections 6853(a)(1) and (c). The Court
has reviewed the affidavits of merit and the accompanying curriculum vitae. The
Court finds:
1. Two affidavits were submitted, each signed by an expert witness.
2. Both affidavits are accompanied by a current curriculum vitae.
3. Both affidavits set forth each expert’s opinion that there are reasonable
grounds to believe that the applicable standard of care was breached by each named
defendant.
4. Both affidavits set forth each expert’s opinion that there are reasonable
grounds to believe that specifically enumerated breaches by each defendant
proximately caused the injuries claimed in the complaint.
5. Both expert witnesses were licensed to practice medicine as of the date
of the affidavit.
6. In the 3 years immediately preceding the alleged negligent act, one
expert witness was engaged in the treatment of patients and/or in the
teaching/academic side of medicine in the fields of Emergency Medicine and Family
Medicine. The second expert witness was engaged in the treatment of patients
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and/or in the teaching/academic side of medicine in the fields of Internal Medicine
and Geriatric Medicine.
7. Both expert witnesses are board-certified in their respective fields of
medicine.
THEREFORE, the Court having reviewed in camera the affidavits of merit
and accompanying curriculum vitae of plaintiff’s expert witnesses, the Court finds
that the affidavits of merit comply with Sections 6853(a)(1) and (c) of Title 18 of
the Delaware Code.
IT IS SO ORDERED.
/s/ Mary M. Johnston
The Honorable Mary M. Johnston
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