The Herald, Sharon, Pa.

Local News

September 22, 2008

Medical malpractice lawsuit is returned to county court

By Joe Pinchot

SHENANGO VALLEY — A medical malpractice suit that moved from Mercer County Common Pleas Court to federal court in August has been sent back to Mercer.

Sonual and Ruth Williams of New Castle Feb. 20 sued Dr. Robert W. Piston and Specialty Orthopaedics, Dr. James Ezi-Ashi and the corporation Sagar V. Vallabh MD PC, Dr. Ravindra K. Sachdeva and SRPS General Surgical Specialists, and Drs. Charles D’Auria and Joseph J. Conti, all Hermitage; and Sharon Regional Health System.

On Aug. 19, the U.S. Attorney’s Office, Pittsburgh, had the suit moved to U.S. District Court and asked that the federal government be substituted for Sachdeva.

Sachdeva is an employee of Primary Health Network, Sharon. Because Primary Health receives federal funds, its employees are considered federal government employees for coverage under the Federal Tort Claims Act, said Assistant U.S. Attorney Michael C. Colville.

Colville asked that Sachdeva and the government be dismissed from the suit because the Williamses had not filed a claim with the U.S. Department of Health and Human Services prior to filing the suit.

The Williamses’ attorney, Regis M. McClelland, Pittsburgh, responded that they did not know the financial arrangements between Sachdeva, Primary Health and the federal government. He said they did not oppose Sachdeva’s removal or the case being sent back to Mercer County to proceed against the other defendants. He also said they will file an administrative claim against Sachdeva.

U.S. District Court Judge Arthur J. Schwab, Pittsburgh, on Sept. 11 substituted the federal government for Sachdeva, dismissed the federal government for the Williamses’ failure to file an administrative claim, and remanded the case to Mercer County. With the federal government no longer a defendant, Schwab said he did not have jurisdiction over the suit.

According to the suit, Williams went to the hospital of Sharon Regional Health System Jan. 24, 2006, for knee replacement by Piston.

Afterward, he developed a fever and digestion problems. When he did not get any better, Sachdeva performed exploratory surgery and found the beginning of Williams’ large intestine had twisted on itself, causing an obstruction, gangrene and a small tear.

Williams developed liver failure and respiratory problems, and his family had him transferred to Allegheny General Hospital, Pittsburgh, where he was treated for pneumonia, pancreatitis and other problems, including those diagnosed in Sharon, the suit said.

He left Allegheny General March 7, 2006, for a long-term care and rehabilitation center, and went home May 4, 2006.

The Williamses allege the doctors and related companies failed to assess his condition and/or order proper diagnostic testing, diagnose the problems or treat him.

The doctors and affiliated corporations and Sharon Regional denied the allegations in answers filed in Mercer County court.

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