Villagomez v. St. Francis Hospital

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
Jose Carrillo Villagomez, Individually and )
as the Administrator of the Estate of Maria )
Guadalupe Carrillo Villagomez, Deceased, )
)
Plaintiff, )
) C.A. No.: N23C-09-007 FJJ
v. )
)
St. Francis Hospital, Trinity Health A/K/A )
Trinity Health Mid-Atlantic, Megan M. )
Kelly, RN, Richard W. Leader, MD, Elizabeth )
Yasik, MD, Beth Ann Padalino, CRNA, )
Anas Abu-Khader, MD, Sophonie Noel, MD, )
Sara Laws, CRNA, and Justine Wright, CRNA, )
)
Defendant. )
ORDER REGARDING AFFIDAVIT OF MERIT
This 28th day of May, 2024, at the request of the Defendants St. Francis
Hospital, Trinity Health A/K/A Trinity Health Mid-Atlantic (“St. Francis”) and
Richard W. Leader, MD (“Leader”), the Court has reviewed in camera Plaintiff’s
affidavits of merits pursuant to 18 Del.C. §6853(a)(3), and 6853(d). Having done so,
the Court finds the following:
AS TO RICHARD W. LEADER, M.D.
1. An expert witness has signed the affidavit of merit.
2. The affidavit is accompanied by a current curriculum vitae of the expert
witness.
3. The expert witness who signed the Affidavit represents he is Board
Certified in the appropriate field of medicine as to the claims against
Leader.
4. The Affidavit indicates the expert witness was licensed to practice medicine
as of the date of the Affidavit.
5. The Affidavit indicates the expert witness has been engaged in the treatment
of patients and/or in the academic side of the fields of Obstetrics and
Gynecology and Maternal Fetal Medicine for at least three years preceding
the acts alleged in the Complaint.
6. The Affidavit includes an opinion that Leader breached the applicable
standard of care in this case, and that this breach was the proximate cause
of the injuries alleged in the Complaint.
7. The Affidavit, as to Leader, complies with the Requirements of §6853.
AS TO ST. FRANCIS
8. An expert witness has signed the affidavit of merit.
9. The affidavit is accompanied by a current curriculum vitae of the expert
witness.
10.The expert witness who signed the Affidavit represents he is Board
Certified in the appropriate field of medicine as to the claims against St.
Francis.
11.The Affidavit indicates the expert witness was licensed to practice medicine
as of the date of the Affidavit.
12.The Affidavit indicates the expert witness has been engaged in the treatment
of patients and/or in the academic side of the fields of Internal Medicine
and Anesthesiology with a subspecialty in Critical Care for at least three
years preceding the acts alleged in the Complaint.
13.The Affidavit includes an opinion that St. Francis breached the applicable
standard of care in this case.
14. The Affidavit does not contain an opinion that the breach was the
proximate cause of the injuries alleged in the Complaint. Therefore, the
Affidavit does not comply with the requirements of 18 Del.C. §§6853(a)(1)
and 6853(c).
15. Plaintiffs has forty-five (45) days from the date of this order to file an
amended or supplemental Affidavit that complies with §6853. Absent such
a filing of an Affidavit, the case to as St. Francis will be dismissed.
AS TO REMAINING DEFENDANTS
16. The Court has undertaken a review of the Affidavits of Merit for the
remaining defendants who have not previously requested such a review.
Plaintiffs have submitted Affidavits of Merit for all remaining defendant
that complies with §6853.
IT IS SO ORDERED.
/s/ Francis J. Jones, Jr.
Francis J. Jones Jr., Judge
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