Insurer must pay $13.6M after hospital death

Hospital settles medical malpractice suits with two families for $5M

Gulick v. Travelers Insurance Co.

Date of Settlement:
Feb. 10, 2005.

Arbitrators:
Jacqueline Musto-Carroll, Pittston; Joseph Saporito, Jr., Saporito Saporito & Falcone, Pittston; Carl Guagliardo, Law Office of David J. Selingo, Kingston.

Type of Action:
Uninsured motorist coverage claim.

Injuries:
Left trimalleolar fracture requiring open reduction and internal fixation; multiple contusions and abrasions; post-traumatic stress disorder.

Plaintiffs Attorneys:
Michelle M. Quinn, Hourigan, Kluger & Quinn, Kingston.

Defense Attorney:
George E. Saba, Thomas Thomas & Hafer, Bethlehem.

Plaintiff Experts:
Mona G. Yudkoff, R.N., M.P.H., rehabilitation expert, Bala Cynwyd; Eugene Chiavacci, M.D., orthopedic surgeon, Old Forge; Richard Fischbein, M.D., psychiatrist, Kingston; Kenneth Gentilezza, M.D., physiatrist, Scranton.

Defense Experts:
Christopher Metzger, M.D., orthopedic surgeon, Scranton.

Comments:
In July 2003, Judith Gulick was involved in an auto accident while traveling southbound on Route 309 in Wilkes-Barre, Luzerne County. According to her attorney, Michelle M. Quinn, an unknown vehicle cut in front of a Ford Tempo driven by Leopold Wysocki, causing him to lose control of his vehicle, cross the medial strip and strike Gulick's vehicle head on.

Gulick was extricated from her vehicle and was transported via ambulance to Community Medical Center. Quinn said she was diagnosed with a trimalleolar fracture on her left ankle and multiple contusions and abrasions.

Gulick underwent an open reduction and internal fixation on July 4, 2003, according to Quinn. After undergoing physical therapy, Gulick was able to return to her job in October 2003 as a clerk typists for the Bureau of Disability Determination in the Pennsylvania Department of Labor and Industry.

Since that time, Gulick has undergone a number of ankle injections due to the development of post-traumatic arthritis, Quinn said.

The plaintiffs were insured under a policy of insurance with Travelers Insurance Co. that provided for $600,000 of uninsured motorist coverage.

Quinn said the defense did not dispute liability but challenged the extent of the plaintiff's injuries.

Approximately two weeks before the date of a scheduled arbitration hearing, the insurer tendered the $600,000 policy limits.

Defense counsel George Saba was with the firm of Thomas Thomas & Hafer in Bethlehem at the time of the settlement. He is now with Swartz Campbell in Allentown. Saba declined to comment on the case.