Vela v. Centurion of Delaware, LLC ( 2024 )

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
MATTHEW VELA, :
: C.A. No.: K24C-05-021 JJC
Plaintiff, :
:
v. :
:
CENTURION OF DELAWARE, :
LLC, AKA CENTURION HEALTH, :
CENTURION, ACA CENTENE, :
:
Defendant. :
Submitted: July 11, 2024
Decided: August 5, 2024
ORDER
This matter involves a healthcare negligence suit filed by Matthew Vela, an
inmate at Howard R. Young Correctional Institution (“HRYCI”), against Defendant
Centurion of Delaware, LLC (“Centurion”). Mr. Vela alleges that he received
negligent medical care from Centurion, which contracted with the Delaware
Department of Correction to provide medical services to inmates at HRYCI.
Specifically, Mr. Vela alleges that Centurion medicated him without his informed
consent, and at an incorrect dosage, which caused him a painful priapism. Mr. Vela
further contends that Centurion delayed treating that condition, which in turn caused
him permanent injury after Centurion failed to provide him proper care for his
wounds after Centurion surgically addressed the condition. Finally, Mr. Vela
alleges that Centurion’s negligence has caused him physical and emotional pain and
suffering and permanent disability.
Centurion now moves seeking an in camera review of Mr. Vela’s affidavit of
merit to determine whether it complies with 18 Del. C. § 6853(a)(1) and (c). In
Delaware, a plaintiff filing a medical negligence action must include an affidavit of
merit that addresses each defendant. The affidavit must be signed by the expert and
accompanied by the expert’s curriculum vitae.1 Generally, an affidavit that tracks
the statutory language complies with the statute.2 The expert signing the affidavit
must be licensed to practice medicine as of the affidavit date and must be engaged
in the practice of medicine in the same or similar field of medicine as the defendant
for the three years immediately preceding the alleged negligence.3 The affidavit
must also state that reasonable grounds exist to believe that each defendant’s
negligence caused the plaintiff’s injury.4 Even though the plaintiff must file the
affidavit under seal, a defendant may request the Court to review it in camera to
ensure it complies with the statutory requirements.5
As requested, after an in camera review of the affidavit of merit and the expert
witness’s curriculum vitae, the Court finds:
1. The expert signed the affidavit;
2. The expert attached a curriculum vitae;
3. The expert is currently licensed to practice medicine;
4. The expert is board certified in internal medicine;
5. The expert treated patients in the same or similar field of medicine as
Centurion for over three years, including the three years immediately
preceding the alleged negligent conduct. Namely, the affidavit and
1
18 Del. C. § 6853(a)(1).
2
Dishmon v. Fucci, 32 A.2d 338, 342-43 (Del. 2011).
3
Flamer v. Nanticoke Memorial Hospital, 2020 WL 113911, at *1 (Del. Super. Jan. 9, 2020)
(citing 18 Del. C. § 6853(c)).
4
Id.
5
Id. at *1 (citing § 6853 (d)).
curriculum vitae specifically reference the expert’s experience in internal
medicine as well as in providing contract medical care to prisoners; and
6. The expert recites and explicitly lists reasonable grounds to believe that
that Centurion breached the applicable standards of care when treating Mr.
Vela at HRYCI in manners that directly and proximately caused the
permanent injuries alleged in the complaint.
Accordingly, the affidavit of merit meets the requirements of 18 Del. C. §
6853(a)(1) and (c). As a result, Mr. Vela’s affidavit of merit is COMPLIANT.
IT IS SO ORDERED.
/s/ Jeffrey J Clark
Resident Judge