is abritration j. of is e. - reading eagle...you take paper your lawyer at if do have or know a...
TRANSCRIPT
WILKES & McHUGH, P.A. By: Ruben J. Krisztal Attorney Identification No. 202716 By: Lisa E. Circeo Attorney Identification No.- 201908 Three Parkway 1601 Cherry Street, Suite 1300 Philadelphia, PA 19102 (215) 972 -0811 Email: rkrisztal @wilkesmchugh.com
THIS IS NOT AN ABRITRATION CASE. ASSESSMENT OF DAMAGES IS REQUIRED; JURY TRIAL DEMANDED.
Counsel for Plaintiff, Dr. Mari M. Batta, Administratrix for the Estate of Dr. Satish K. Batta, deceased.
IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY PENNSYLVANIA
DR. MARI M. BATTA, as Administratrix for The Estate of DR. SATISH K. BATTA, deceased
Plaintiff,
-Vs-
HCR MANORCARE, LLC; WALLINGFORD NURSING AND REHABILITATION CENTER -WALLINGFORD, PA, LLC d/b /a MANORCARE HEALTH SERVICES - WALLINGFORD; MANORCARE HEALTH SERVICES, INC. a/k/a MANORCARE HEALTH SERVICES, LLC; MANOR CARE, INC.; HCR MANORCARE, INC.; HCR IV HEALTHCARE, LLC; HCR III HEALTHCARE, LLC; HCR II HEALTHCARE, LLC; HCR HEALTHCARE, LLC; HCRMC OPERATIONS, LLC; HCR MANORCARE OPERATIONS II, LLC; HEARTLAND EMPLOYMENT SERVICES, LLC; HCR MANORCARE HEARTLAND, LLC; TRINA L. BRADBURD D.O.; BROD, KOHUTIAK & JAMALI, LTD. a/k/a JAMALI AND KOHUTIAK, LTD.; MAIN LINE HEALTH SYSTEM
Defendants.
CIVIL DIVISION
NO.: 15 -9910
COMPLAINT IN CIVIL ACTION
JURY TRIAL DEMANDED
WILKES & McHUGH, P.A. By: Ruben J. Krisztal Attorney Identification No. 202716 By: Lisa E. Circeo Attorney Identification No.-20 1908 Three Parkway 1601 Cherry Street, Suite 1300 Philadelphia, PA 19102 (215) 972-0811 Email: rkriszta1(wi1kesmchugh.com
THIS IS NOT AN ABRITRATION CASE. ASSESSMENT OF DAMAGES IS REQUIRED; JURY TRIAL DEMANDED.
Counsel for Plaintiff, Dr. Mari M. Batta, Administratrix for the Estate of Dr. Satish K. Batta, deceased.
IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY PENNSYLVANIA
DR. MARI M. BATTA, as Administratrix for The Estate ofDR. SATISH K. BATTA, deceased
Plaintiff,
-Vs-
HCR MANORCARE, LLC; WALLINGFORD NURSING AND REHABILITATION CENTER-WALL1NGFORD, PA, LLC cl/b/a MANORCARE HEALTH SERVICES- WALLINGFORD; MANORCARE HEALTH SERVICES, INC. a/Ida MANORCARE HEALTH SERVICES, LLC; MANOR CARE, INC.; HCR MANORCARE, INC.; HCR IV HEALTHCARE, LLC; HCR III HEALTHCARE, LLC; HCR II HEALTHCARE, LLC; HCR HBALTHCARE, LLC; HCRMC OPERATIONS, LLC; HCR MANORCARE OPERATIONS II, LLC; HEARTLAND EMPLOYMENT SERVICES, LLC; HCR MANORCARE HEARTLAND, LLC; TRINA L. BRADBURD D.O.; BROD, KOF[UTIAK & JAMALI, LTD. a/k/a JAMALI AND KOHUTIAK, LTD.; MAIN LINE HEALTH SYSTEM
Defendants.
CIVIL DIVISION
NO.: 15-9910
COMPLAINT IN CIVIL ACTION
JURY TRIAL DEMANDED
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint in Civil Action and Notice to
Defend are served, by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that if you fail
to do so the case may proceed without you and a judgment may be entered against you by the Court
without further notice for any money claimed in the Complaint or for any claim or relief requested by
Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
Delaware County THE DELAWARE COUNTY BAR ASSOCIATION
335 West Front Street, PO Box 4661 Media Pennsylvania 19063
Phone: (610) 566 -6627 I Fax: (610) 566 -7952
2
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint in Civil Action and Notice to
Defend are served, by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that if you fail
to do so the case may proceed without you and a judgment may be entered against you by the Court
without further notice for any money claimed in the Complaint or for any claim or relief requested by
Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIN]) OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
Delaware County THE DELAWARE COUNTY BAR ASSOCIATION
335 West Front Street, PO Box 466 Media Pennsylvania 19063
Phone: (610) 566-6627 Fax: (610) 566-7952
2
WILKES & McHUGH, P.A. By: Ruben J. Krisztal Esquire Attorney Identification No. 202716 By: Lisa E. Circeo Attorney Identification No. 201908 Three Parkway 1601 Cherry Street, Suite 1300 Philadelphia, PA 19102 (215) 972 -0811 Email: [email protected]
THIS IS NOT AN ABRITRATION CASE. ASSESSMENT OF DAMAGES IS REQUIRED; JURY TRIAL DEMANDED.
Counsel for Plaintiff, Dr. Mari M. Batta, Administratrix for the Estate of Dr. Satish K. Batta, deceased.
IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA
DR MARI M. BATTA, as Administratrix for The Estate of DR. SATISH K. BATTA, deceased 1025 Ford Street Bridgeport, Pennsylvania 19405
Plaintiff,
-vs- HCR MANORCARE, LLC 333 N. Summit Street Toledo, Ohio 43604
and WALLINGFORD NURSING AND REHABILITATION CENTER - WALLINGFORD, PA d/b /a MANORCARE HEALTH SERVICES -WALLINGFORD 115 S. Providence Road Wallingford, Pennsylvania 19086
and MANORCARE HEALTH SERVICES, INC. a/k/a MANORCARE HEALTH SERVICES, LLC 333 N. Summit Street Toledo, Ohio 43604
and MANOR CARE, INC. 333 N. Summit Street Toledo, Ohio 43604
and HCR MANORCARE, INC. 333 N. Summit Street Toledo, Ohio 43604
and
CIVIL DIVISION
NO.: 15-9910
COMPLAINT IN CIVIL ACTION
JURY TRIAL DEMANDED
WiLKES & McHUGH, P.A. By: Ruben J. Krisztal Esquire Attorney Identification No. 202716 By: Lisa E. Circeo Attorney Identification No. 201908 Three Parkway 1601 Cherry Street, Suite 1300 Philadelphia, PA 19102 (215) 972-0811 Email: rkrisztal(wilkesmchugh.com
THIS IS NOT AN ABRITRATION CASE. ASSESSMENT OF DAMAGES IS REQUIRED; JURY TRIAL DEMANDED.
Counsel for Plaintiff, Dr. Mari M. Batta, Administratrix for the Estate of Dr. Satish K. Batta, deceased.
IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA
DR. MARI M. BATTA, as Administratrix for The Estate of DR. SATISH K. BATTA, deceased i 025 Ford Street Bridgeport, Pennsylvania 19405
Plaintiff,
-Vs-
11CR MANORCARE, LLC 333 N. Summit Street Toledo, Ohio 43604
and WALLINGFORD NURSING AND REHABILITATION CENTER- WALLINGFORD, PA dlb/a MANORCARE HEALTH SERVICES-WALLINGFORD 1 15 S. Providence Road Wallingford, Pennsylvania 19086
and MANORCARE HEALTH SERVICES, INC. a/k/a MANORCARE HEALTH SERVICES, LLC 333 N. Summit Street Toledo, Ohio 43604
and MANOR CARE, INC. 333 N. Summit Street Toledo, Ohio 43604
and HCR MANORCARE, INC. 333 N. Summit Street Toledo, Ohio 43604
and
CIVIL DIVISION
NO.: 15-9910
COMPLAINT IN CIVIL ACTION
JURY TRIAL DEMANDED
HCR IV HEALTHCARE, LLC 333 N. Summit Street Toledo, Ohio 43604
and HCR III HEALTHCARE, LLC 333 N. Summit Street Toledo, Ohio 43604
and HCR II HEALTHCARE, LLC 333 N. Summit Street Toledo, Ohio 43604
and HCR HEALTHCARE, LLC 333 N. Summit Street Toledo, Ohio 43604
and HCRMC OPERATIONS, LLC 333 N. Summit Street Toledo, Ohio 43604
and HCR MANORCARE OPERATIONS II, LLC 333 N. Summit Street Toledo, Ohio 43604
and HEARTLAND EMPLOYMENT SERVICES, LLC 333 N. Summit Street Toledo, Ohio 43 604
and HCR MANORCARE HEARTLAND, LLC 333 N. Summit Street Toledo, Ohio 43 604
and TRINA L. BRADBURD, D.O. 535 Ramblewood Drive Bryn Mawr, Pennsylvania 19010
and BROD, KOHUTIAK & JAMALI, Ltd. a/k/a JAMALI AND KOHUTIAK, Ltd. Riddle Health Center 3, Suite 3311 1098 West Baltimore Pike Media, Pennsylvania 19063
and
2
11CR IV HEALTHCARE, LLC 333 N. Summit Street Toledo, Ohio 43604
and FICR III HEALTHCARE, LLC 333 N. Summit Street Toledo, Ohio 43604
and HCR II HEALTHCARE, LLC 333 N. Summit Street Toledo, Ohio 43604
and HCR HEALTHCARE, LLC 333 N. Summit Street Toledo, Ohio 43604
and HCRMC OPERATIONS, LLC 333 N. Summit Street Toledo, Ohio 43604
and HCR MANORCARE OPERATIONS II, LLC 333 N. Summit Street Toledo, Ohio 43604
and HEARTLAND EMPLOYMENT SERVICES, LLC 333 N. Summit Street Toledo, Ohio 43604
and HCR MANORCARE HEARTLAND, LLC 333 N. Summit Street Toledo, Ohio 43604
and TRINA L. BRADBURD, D.O. 535 Ramblewood Drive Bryn Mawr, Pennsylvania i 9010
and BROD, KOHUTIAK & JAMAL!, Ltd. a/k/a JAMALI AND KOHUTIAK, Ltd. Riddle Health Center 3 , Suite 3311 i 098 West Baltimore Pike Media, Pennsylvania 19063
and
2
MAIN LINE HEALTH SYSTEM 259 North Radnor -Chester Road, Suite 290 Radnor, Pennsylvania 19087
Defendants.
COMPLAINT IN CIVIL ACTION (The Complaint Includes a Medical Professional Liability Action)
Plaintiff, Dr. Mari M. Batta, Administratrix for The Estate of Dr. Satish K. Batta,
deceased, by and through undersigned counsel, Wilkes & McHugh, P.A., files the instant
Complaint in Civil Action, and in support thereof avers the following:
I. PARTIES
A. Plaintiff
1. Dr. Satish K. Batta, an adult individual, was a resident at the skilled nursing
facility commonly known as ManorCare Health Services- Wallingford (hereinafter "the Facility ")
from November 19, 2013 through and until his death on November 25, 2013.
2. Dr. Mari M. Batta, daughter of Dr. Satish K. Batta, is an adult individual and
citizen of the Commonwealth of Pennsylvania, residing at 1025 Ford Street, Bridgeport, PA
19405.
3. On August 5, 2014, Dr. Mari M. Batta was appointed Administratrix for the
Estate of Dr. Satish K. Batta, deceased, by the Register of Wills of Delaware County.
4. On November 13, 2015, Plaintiff filed a writ of summons. This Complaint is
being filed pursuant to this writ of summons, under number 15 -9910.
3
MAIN LINE HEALTH SYSTEM 259 North Radnor-Chester Road, Suite 290 Radnor, Pennsylvania 19087
Defendants.
COMPLAINT IN CIVIL ACTION (The Complaint Includes a Medical Professional Liability Action)
Plaintiff, Dr. Mari M. Batta, Administratrix for The Estate of Dr. Satish K. Batta,
deceased, by and through undersigned counsel, Wilkes & McHugh, P.A., files the instant
Complaint in Civil Action, and in support thereof avers the following:
L PARTIES
A. Plaintiff
i . Dr. Satish K. Batta, an adult individual, was a resident at the skilled nursing
facility commonly known as ManorCare Health Services-Wallingford (hereinafter "the Facility")
from November 19, 2013 through and until his death on November 25, 2013
2. Dr. Mari M. Batta, daughter of Dr. Satish K. Batta, is an adult individual and
citizen of the Commonwealth of Pennsylvania, residing at 1025 Ford Street, Bridgeport, PA
19405.
3. On August 5, 2014, Dr. Mari M. Batta was appointed Administratrix for the
Estate of Dr. Satish K. Batta, deceased, by the Register of Wills of Delaware County.
4. On November 13, 2015, Plaintiff filed a writ of summons. This Complaint is
being filed pursuant to this writ ofsummons, under number 15-9910.
3
B. Defendants, HCR ManorCare, LLC; Wallingford Nursing and Rehabilitation Center -Wallingford, PA d/b /a ManorCare Health Services- Wallingford;
ManorCare Health Services, Inc. a/k/a ManorCare Health Services, LLC;
Manor Care, Inc.; HCR ManorCare, Inc.; HCR IV Healthcare, LLC; HCR III Healthcare, LLC; HCR II Healthcare, LLC; HCR Healthcare, LLC; HCRMC
Operations, LLC; HCR ManorCare Operations II, LLC; Heartland Employment Services, LLC; HCR ManorCare Heartland, LLC
( "ManorCare Defendants ")
5. Defendant, HCR ManorCare, LLC is a corporation, duly licensed, organized and
existing under and by virtue of the laws of Delaware, with offices and a place of business located
at 333 N. Summit Street Toledo, Ohio 43064.
6. Defendant, HCR ManorCare, LLC, is engaged in the business of owning,
operating and/or managing nursing homes, including ManorCare Health Services- Wallingford,
providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial
care to the public in Delaware County, Pennsylvania; and was at all times material hereto, duly
licensed to operate same in the Commonwealth of Pennsylvania; and was the employer,
supervisor and/or partner of all other Defendants noted herein, holding itself and its agents,
employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted
privileges at the Facility, out to the public as competent and skillful healthcare providers and
practitioners of medicine; and which is personally, directly and vicariously liable, among other
things for the acts and omissions of itself, its agents, employees, servants, contractors,
subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the
care provided to Dr. Satish K. Batta and in the operation of the Facility.
7. Defendant, Wallingford Nursing and Rehabilitation Center- Wallingford, PA d/b /a
ManorCare Health Services- Wallingford, is a corporation, duly licensed, organized and existing
under and by virtue of the laws of Pennsylvania, with offices and a place of business located at
115 S. Providence Road, Wallingford, Pennsylvania 19086.
4
B. Defendants, HCR ManorCare, LLC; Wallingford Nursing and Rehabilitation Center-Wallingfo rd, PA dThIa ManorCare Health Services-Wallingford;
ManorCare Health Services, Inc. a/k/a ManorCare Health Services, LLC;
Manor Care, Inc.; HCR ManorCare, Inc.; HCR IV Healthcare, LLC; HCR 111
Healthcare, LLC; HCR LI Healthcare, LLC; HCR Heaithcare, LLC; HCRMC
Operations, LLC; 11CR ManorCare Operations II, LLC; Heartland Employment Services, LLC; 11CR ManorCare Heartland, LLC
("ManorCare Defendants")
5. Defendant, HCR ManorCare, LLC is a corporation, duly licensed, organized and
existing under and by virtue of the laws of Delaware, with offices and a place of business located
at 333 N. Summit Street Toledo, Ohio 43064.
6. Defendant, HCR ManorCare, LLC, is engaged in the business of owning,
operating andlor managing nursing homes, including ManorCare Health Services-Wallingford,
providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial
care to the public in Delaware County, Pennsylvania; and was at all times material hereto, duly
licensed to operate same in the Commonwealth of Pennsylvania; and was the employer,
supervisor andlor partner of all other Defendants noted herein, holding itself and its agents,
employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted
privileges at the Facility, out to the public as competent and skillful healthcare providers and
practitioners of medicine; and which is personally, directly and vicariously liable, among other
things for the acts and omissions of itself, its agents, employees, servants, contractors,
subcontractors, staff andlor partners and all other Defendants, all of whom played a role in the
care provided to Dr. Satish K. Batta and in the operation ofthe Facility.
7. Defendant, Wallingford Nursing and Rehabilitation Center-Wallingford, PA dib/a
ManorCare Health Services-Wallingford, is a corporation, duly licensed, organized and existing
under and by virtue of the laws of Pennsylvania, with offices and a place of business located at
115 S. Providence Road, Wallingford, Pennsylvania 19086.
8. Defendant, Wallingford Nursing and Rehabilitation Center -Wallingford, PA d/b /a
ManorCare Health Services -Wallingford, is engaged in the business of owning, operating and /or
managing nursing homes, including ManorCare Health Services -Wallingford, providing
healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to
the public in Delaware County, Pennsylvania; and was at all times material hereto, duly licensed
to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and /or
partner of all other Defendants noted herein, holding itself and its agents, employees, servants,
contractors, subcontractors, staff and/or partners, and those persons granted privileges at the
Facility, out to the public as competent and skillful healthcare providers and practitioners of
medicine; and which is personally, directly and vicariously liable, among other things for the acts
and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or
partners and all other Defendants, all of whom played a role in the care provided to Dr. Satish K.
Batta and in the operation of the Facility.
9. Defendant, ManorCare Health Services, Inc. a/k/a ManorCare Health Services,
LLC is a corporation, duly licensed, organized and existing under and by virtue of the laws of
Delaware, with offices and a place of business located at 333 N. Summit Street Toledo, Ohio
43604.
10. Defendant, ManorCare Health Services, Inc. a/k/a ManorCare Health Services,
LLC, is engaged in the business of owning, operating and/or managing nursing homes, including
ManorCare Health Services- Wallingford, providing healthcare, medical services, therapy,
rehabilitation, skilled nursing care, and custodial care to the public in Delaware County,
Pennsylvania; and was at all times material hereto, duly licensed to operate same in the
Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of all other
5
8. Defendant, Wallingford Nursing and Rehabilitation Center-Wallingford, PA dlbla
ManorCare Health Services-Wallingford, is engaged in the business of owning, operating and/or
managing nursing homes, including ManorCare Health Serviees-Wallingford, providing
healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to
the public in Delaware County, Pennsylvania; and was at all times material hereto, duly licensed
to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or
partner of all other Defendants noted herein, holding itself and its agents, employees, servants,
contractors, subcontractors, staff and/or partners, and those persons granted privileges at the
Facility, out to the public as competent and skillful healthcare providers and practitioners of
medicine; and which is personally, directly and vicariously liable, among other things for the acts
and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or
partners and all other Defendants, all of whom played a role in the care provided to Dr. Satish K.
Batta and in the operation ofthe Facility.
9. Defendant, ManorCare Health Services, Inc. a/Ida ManorCare Health Services,
LLC is a corporation, duly licensed, organized and existing under and by virtue of the laws of
Delaware, with offices and a place of business located at 333 N. Summit Street Toledo, Ohio
43604.
10. Defendant, ManorCare Health Services, Inc. a/k/a ManorCare Health Services,
LLC, is engaged in the business of owning, operating and/or managing nursing homes, including
ManorCare Health Services-Wallingford, providing healthcare, medical services, therapy,
rehabilitation, skilled nursing care, and custodial care to the public in Delaware Couiity,
Pennsylvania; and was at all times material hereto, duly licensed to operate same in the
Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of all other
5
Defendants noted herein, holding itself and its agents, employees, servants, contractors,
subcontractors, staff and/or partners, and those persons granted privileges at the Facility, out to
the public as competent and skillful healthcare providers and practitioners of medicine; and
which is personally, directly and vicariously liable, among other things for the acts and
omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or
partners and all other Defendants, all of whom played a role in the care provided to Dr. Satish K.
Batta and in the operation of the Facility.
11. Defendant, Manor Care, Inc., is a corporation, duly licensed, organized and
existing under and by virtue of the laws of Delaware, with offices and a place of business located
at 333 N. Summit Street Toledo, Ohio 43604.
12. Defendant, Manor Care, Inc., is engaged in the business of owning, operating
and/or managing nursing homes, including ManorCare Health Services- Wallingford, providing
healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to
the public in Delaware County, Pennsylvania; and was at all times material hereto, duly licensed
to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or
partner of all other Defendants noted herein, holding itself and its agents, employees, servants,
contractors, subcontractors, staff and/or partners, and those persons granted privileges at the
Facility, out to the public as competent and skillful healthcare providers and practitioners of
medicine; and which is personally, directly and vicariously liable, among other things for the acts
and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or
partners and all other Defendants, all of whom played a role in the care provided to Dr. Satish K.
Batta and in the operation of the Facility.
6
Defendants noted herein, holding itself and its agents, employees, servants, contractors,
subcontractors, staff and/or partners, and those persons granted privileges at the Facility, out to
the public as competent and skillful healthcare providers and practitioners of medicine; and
which is personally, directly and vicariously liable, among other things for the acts and
omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or
partners and all other Defendants, all of whom played a role in the care provided to Dr. Satish K.
Batta and in the operation ofthe Facility.
i i . Defendant, Manor Care, Inc., is a corporation, duly licensed, organized and
existing under and by virtue of the laws of Delaware, with offices and a place of business located
at 333 N. Summit Street Toledo, Ohio 43604.
12. Defendant, Manor Care, Inc., is engaged in the business of owning, operating
and/or managing nursing homes, including ManorCare Health Services-Wallingford, providing
healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to
the public in Delaware County, Pennsylvania; and was at all times material hereto, duly licensed
to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or
partner of all other Defendants noted herein, holding itself and its agents, employees, servants,
contractors, subcontractors, staff and/or partners, and those persons granted privileges at the
Facility, out to the public as competent and skillful healthcare providers and practitioners of
. medicine; and which is personally, directly and vicariously liable, among other things for the acts
and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or
partners and all other Defendants, all of whom played a role in the care provided to Dr. Satish K.
Batta and in the operation of the Facility.
13. Defendant, HCR ManorCare, Inc., is a corporation, duly licensed, organized and
existing under and by virtue of the laws of Delaware, with offices and a place of business located
at 333 N. Summit Street Toledo, Ohio 43604.
14. Defendant, HCR ManorCare, Inc., is engaged in the business of owning,
operating and/or managing nursing homes, including ManorCare Health Services- Wallingford,
providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial
care to the public in Delaware County, Pennsylvania; and was at all times material hereto, duly
licensed to operate same in the Commonwealth of Pennsylvania; and was the employer,
supervisor and/or partner of all other Defendants noted herein, holding itself and its agents,
employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted
privileges at the Facility, out to the public as competent and skillful healthcare providers and
practitioners of medicine; and which is personally, directly and vicariously liable, among other
things for the acts and omissions of itself, its agents, employees, servants, contractors,
subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the
care provided to Dr. Satish K. Batta and in the operation of the Facility.
15. Defendant, HCR IV Healthcare, LLC, is a corporation, duly licensed, organized
and existing under and by virtue of the laws of Delaware, with offices and a place of business
located at 333 N. Summit Street Toledo, Ohio 43604.
16. Defendant, HCR IV Healthcare, LLC, is engaged in the business of owning,
operating and/or managing nursing homes, including ManorCare Health Services- Wallingford,
providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial
care to the public in Delaware County, Pennsylvania; and was at all times material hereto, duly
licensed to operate same in the Commonwealth of Pennsylvania; and was the employer,
7
13. Defendant, HCR ManorCare, Inc., is a corporation, duly licensed, organized and
existing under and by virtue of the laws of Delaware, with offices and a place of business located
at 333 N. Summit Street Toledo, Ohio 43604.
14. Defendant, HCR ManorCare, Inc., is engaged in the business of owning,
operating and/or managing nursing homes, including ManorCare Health Services-Wallingford,
providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial
care to the public in Delaware County, Pennsylvania; and was at all times material hereto, duly
licensed to operate same in the Commonwealth of Pennsylvania; and was the employer,
supervisor and/or partner of all other Defendants noted herein, holding itself and its agents,
employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted
privileges at the Facility, out to the public as competent and skillful healthcare providers and
practitioners of medicine; and which is personally, directly and vicariously liable, among other
things for the acts and omissions of itself, its agents, employees, servants, contractors,
subcontractors, staff andlor partners and all other Defendants, all of whom played a role in the
care provided to Dr. Satish K. Batta and in the operation ofthe Facility.
I 5 . Defendant, HCR IV Healthcare, LLC, is a corporation, duly licensed, organized
and existing under and by virtue of the laws of Delaware, with offices and a place of business
located at 333 N. Summit Street Toledo, Ohio 43604.
16. Defendant, HCR IV Healthcare, LLC, is engaged in the business of owning,
operating and/or managing nursing homes, including ManorCare Health Services-Wallingford,
providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial
care to the public in Delaware County, Pennsylvania; and was at all times material hereto, duly
licensed to operate same in the Commonwealth of Pennsylvania; and was the employer,
7
supervisor and/or partner of all other Defendants noted herein, holding itself and its agents,
employees, servants, contractors, subcontractors, staff and /or partners, and those persons granted
privileges at the Facility, out to the public as competent and skillful healthcare providers and
practitioners of medicine; and which is personally, directly and vicariously liable, among other
things for the acts and omissions of itself, its agents, employees, servants, contractors,
subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the
care provided to Dr. Satish K. Batta and in the operation of the Facility.
17. Defendant, HCR III Healthcare, LLC, is a corporation, duly licensed, organized
and existing under and by virtue of the laws of Delaware, with offices and a place of business
located at 333 N. Summit Street Toledo, Ohio 43604.
18. Defendant, HCR III Healthcare, LLC, is engaged in the business of owning,
operating and/or managing nursing homes, including ManorCare Health Services- Wallingford,
providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial
care to the public in Delaware County, Pennsylvania; and was at all times material hereto, duly
licensed to operate same in the Commonwealth of Pennsylvania; and was the employer,
supervisor and/or partner of all other Defendants noted herein, holding itself and its agents,
employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted
privileges at the Facility, out to the public as competent and skillful healthcare providers and
practitioners of medicine; and which is personally, directly and vicariously liable, among other
things for the acts and omissions of itself, its agents, employees, servants, contractors,
subcontractors, staff and/or partners and all other Defendants, all of whom played' a role in the
care provided to Dr. Satish K. Batta and in the operation of the Facility.
8
supervisor andlor partner of all other Defendants noted herein, holding itself and its agents,
employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted
privileges at the Facility, out to the public as competent and skillful healthcare providers and
practitioners of medicine; and which is personally, directly and vicariously liable, among other
things for the acts and omissions of itself, its agents, employees, servants, contractors,
subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the
care provided to Dr. Satish K. Batta and in the operation ofthe Facility.
i 7. Defendant, HCR III Healthcare, LLC, is a corporation, duly licensed, organized
and existing under and by virtue of the laws of DeLaware, with offices and a place of business
located at 333 N. Summit Street Toledo, Ohio 43604.
i 8. Defendant, HCR III Healthcare, LLC, is engaged in the business of owning,
operating and/or managing nursing homes, including ManorCare Health Services-Wallingford,
providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial
care to the public in Delaware County, Pennsylvania; and was at all times material hereto, duly
licensed to operate same in the Commonwealth of Pennsylvania; and was the employer,
supervisor and/or partner of all other Defendants noted herein, holding itself and its agents,
employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted
privileges at the Facility, out to the public as competent and skillful healthcare providers and
practitioners of medicine; and which is personally, directly and vicariously liable, among other
things for the acts and omissions of itself, its agents, employees, servants, contractors,
subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the
care provided to Dr. Satish K. Batta and in the operation of the Facility.
19. Defendant, HCR II Healthcare, LLC is a corporation, duly licensed, organized
and existing under and by virtue of the laws of Delaware, with offices and a place of business
located at 333 N. Summit Street Toledo, Ohio 43604.
20. Defendant, HCR II Healthcare, LLC is engaged in the business of owning,
operating and /or managing nursing homes, including ManorCare Health Services- Wallingford,
providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial
care to the public in Delaware County, Pennsylvania; and was at all times material hereto, duly
licensed to operate same in the Commonwealth of Pennsylvania; and was the employer,
supervisor and/or partner of all other Defendants noted herein, holding itself and its agents,
employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted
privileges at the Facility, out to the public as competent and skillful healthcare providers and
practitioners of medicine; and which is personally, directly and vicariously liable, among other
things for the acts and omissions of itself, its agents, employees, servants, contractors,
subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the
care provided to Dr. Satish K. Batta and in the operation of the Facility.
21. Defendant, HCR Healthcare, LLC is a corporation, duly licensed, organized and
existing under and by virtue of the laws of Delaware, with offices and a place of business located
at 333 N. Summit Street Toledo, Ohio 43604.
22. Defendant, HCR Healthcare, LLC is engaged in the business of owning, operating
and/or managing nursing homes, including ManorCare Health Services -Wallingford, providing
healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to
the public in Delaware County, Pennsylvania; and was at all times material hereto, duly licensed
to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or
9
19. Defendant, HCR II Healthcare, LLC is a corporation, duly licensed, organized
and existing under and by virtue of the laws of Delaware, with offices and a place of business
located at 333 N. Summit Street Toledo, Ohio 43604.
20. Defendant, 11CR II Healthcare, LLC is engaged in the business of owning,
operating and/or managing nursing homes, including ManorCare Health Services-Wallingford,
providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial
care to the public in Delaware County, Pennsylvania; and was at all times material hereto, duly
licensed to operate same in the Commonwealth of Pennsylvania; and was the employer,
supervisor and/or partner of all other Defendants noted herein, holding itself and its agents,
employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted
privileges at the Facility, out to the public as competent and skillful healthcare providers and
practitioners of medicine; and which is personally, directly and vicariously liable, among other
things for the acts and omissions of itself, its agents, employees, servants, contractors,
subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the
care provided to Dr. Satish K. Batta and in the operation ofthe Facility.
2 1 . Defendant, HCR Healthcare, LLC is a corporation, duly licensed, organized and
existing under and by virtue of the laws of Delaware, with offices and a place of business located
at 333 N. Summit Street Toledo, Ohio 43604.
22. Defendant, HCR Healthcare, LLC is engaged in the business of owning, operating
and/or managing nursing homes, including ManorCare Health Services-Wallingford, providing
healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial care to
the public in Delaware County, Pennsylvania; and was at all times material hereto, duly licensed
to operate same in the Commonwealth of Pennsylvania; and was the employer, supervisor and/or
partner of all other Defendants noted herein, holding itself and its agents, employees, servants,
contractors, subcontractors, staff and/or partners, and those persons granted privileges at the
Facility, out to the public as competent and skillful healthcare providers and practitioners of
medicine; and which is personally, directly and vicariously liable, among other things for the acts
and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or
partners and all other Defendants, all of whom played a role in the care provided to Dr. Satish K.
Batta and in the operation of the Facility.
23. Defendant, HCRMC Operations, LLC is a corporation, duly licensed, organized
and existing under and by virtue of the laws of Delaware, with offices and a place of business
located at 333 N. Summit Street Toledo, Ohio 43604.
24. Defendant, HCRMC Operations, LLC, is engaged in the business of owning,
operating and/or managing nursing homes, including ManorCare Health Services- Wallingford,
providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial
care to the public in Delaware County, Pennsylvania; and was at all times material hereto, duly
licensed to operate same in the Commonwealth of Pennsylvania; and was the employer,
supervisor and/or partner of all other Defendants noted herein, holding itself and its agents,
employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted
privileges at the Facility, out to the public as competent and skillful healthcare providers and
practitioners of medicine; and which is personally, directly and vicariously liable, among other
things for the acts and omissions of itself, its agents, employees, servants, contractors,
subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the
care provided to Dr. Satish K. Batta and in the operation of the Facility.
10
partner of all other Defendants noted herein, holding itself and its agents, employees, servants,
contractors, subcontractors, staff and/or partners, and those persons granted privileges at the
Facility, out to the public as competent and skillful healthcare providers and practitioners of
medicine; and which is personally, directly and vicariously liable, among other things for the acts
and omissions of itself, its agents, employees, servants, contractors, subcontractors, staff and/or
partners and all other Defendants, all of whom played a role in the care provided to Dr. Satish K.
Batta and in the operation of the Facility.
23. Defendant, HCRMC Operations, LLC is a corporation, duly licensed, organized
and existing under and by virtue of the laws of Delaware, with offices and a place of business
located at 333 N. Summit Street Toledo, Ohio 43604.
24. Defendant, HCRMC Operations, LLC, is engaged in the business of owning,
operating and/or managing nursing homes, including ManorCare Health Services-Wallingford,
providing healthcare, medical services, therapy, rehabilitation, skilled nursing care, and custodial
care to the public in Delaware County, Pennsylvania; and was at all times material hereto, duly
licensed to operate same in the Commonwealth of Pennsylvania; and was the employer,
supervisor and/or partner of all other Defendants noted herein, holding itself and its agents,
employees, servants, contractors, subcontractors, staff and/or partners, and those persons granted
privileges at the Facility, out to the public as competent and skillful healthcare providers and
practitioners of medicine; and which is personally, directly and vicariously liable, among other
things for the acts and omissions of itself, its agents, employees, servants, contractors,
subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the
care provided to Dr. Satish K. Batta and in the operation of the Facility.
10
25. Defendant, HCR ManorCare Operations II, LLC, is a corporation, duly licensed,
organized and existing under and by virtue of the laws of Delaware, with offices and a place of
business located at 333 N. Summit Street Toledo, Ohio 43604.
26. Defendant, HCR ManorCare Operations II, LLC, is engaged in the business of
owning, operating and/or managing nursing homes, including ManorCare Health Services -
Wallingford, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care,
and custodial care to the public in Delaware County, Pennsylvania; and was at all times material
hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the
employer, supervisor and/or partner of all other Defendants noted herein, holding itself and its
agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons
granted privileges at the Facility, out to the public as competent and skillful healthcare providers
and practitioners of medicine; and which is personally, directly and vicariously liable, among
other things for the acts and omissions of itself, its agents, employees, servants, contractors,
subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the
care provided to Dr. Satish K. Batta and in the operation of the Facility.
27. Defendant, Heartland Employment Services, LLC is a corporation, duly licensed,
organized and existing under and by virtue of the laws of Delaware, with offices and a place of
business located at 333 N. Summit Street Toledo, Ohio 43604.
28. Defendant, Heartland Employment Services, LLC is engaged in the business of
owning, operating and/or managing nursing homes, including ManorCare Health Services -
Wallingford, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care,
and custodial care to the public in Delaware County, Pennsylvania; and was at all times material
hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the
1I
25. Defendant, HCR ManorCare Operations Ii, LLC, is a corporation, duly licensed,
organized and existing under and by virtue of the laws of Delaware, with offices and a place of
business located at 333 N. Summit Street Toledo, Ohio 43604.
26. Defendant, HCR ManorCare Operations II, LLC, is engaged in the business of
owning, operating andlor managing nursing homes, including ManorCare Health Services-
Wallingford, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care,
and custodial care to the public ìn Delaware County, Pennsylvania; and was at all times material
hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the
employer, supervisor and/or partner of all other Defendants noted herein, holding itself and its
agents, employees, servants, contractors, subcontractors, staff andlor partners, and those persons
granted privileges at the Facility, out to the public as competent and skillful healthcare providers
and practitioners of medicine; and which is personally, directly and vicariously liable, among
other things for the acts and omissions of itself, its agents, employees, servants, contractors,
subcontractors, staff andlor partners and all other Defendants, all of whom played a role in the
care provided to Dr. Satish K. Batta and in the operation of the Facility.
27. Defendant, Heartland Employment Services, LLC is a corporation, duly licensed,
organized and existing under and by virtue of the laws of Delaware, with offices and a place of
business located at 333 N. Summit Street Toledo, Ohio 43604.
28. Defendant, Heartland Employment Services, LLC is engaged in the business of
owning, operating and/or managing nursing homes, including ManorCare Health Services-.
Wallingford, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care,
and custodial care to the public in Delaware County, Pennsylvania; and was at all times material
hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the
11
employer, supervisor and /or partner of all other Defendants noted herein, holding itself and its
agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons
granted privileges at the Facility, out to the public as competent and skillful healthcare providers
and practitioners of medicine; and which is personally, directly and vicariously liable, among
other things for the acts and omissions of itself, its agents, employees, servants, contractors,
subcontractors, staff and /or partners and all other Defendants, all of whom played a role in the
care provided to Dr. Satish K. Batta and in the operation of the Facility.
29. Defendant, HCR ManorCare Heartland, LLC, is a corporation, duly licensed,
organized and existing under and by virtue of the laws of Delaware, with offices and a place of
business located at 333 N. Summit Street Toledo, Ohio 43604.
30. Defendant, HCR ManorCare Heartland, LLC, is engaged in the business of
owning, operating and/or managing nursing homes, including ManorCare Health Services -
Wallingford, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care,
and custodial care to the public in Delaware County, Pennsylvania; and was at all times material
hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the
employer, supervisor and/or partner of all other Defendants noted herein, holding itself and its
agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons
granted privileges at the Facility, out to the public as competent and skillful healthcare providers
and practitioners of medicine; and which is personally, directly and vicariously liable, among
other things for the acts and omissions of itself, its agents, employees, servants, contractors,
subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the
care provided to Dr. Satish K. Batta and in the operation of the Facility.
12
employer, supervisor and/or partner of all other Defendants noted herein, holding itself and its
agents, employees, servants, contractors, subcontractors, staff and/or partners, and those persons
granted privileges at the Facility, out to the public as competent and skillful healthcare providers
and practitioners of medicine; and which is personally, directly and vicariously liable, among
other things for the acts and omissions of itself, its agents, employees, servants, contractors,
subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the
care provided to Dr. Satish K. Batta and in the operation ofthe Facility.
29. Defendant, HCR ManorCare Heartland, LLC, is a corporation, duly licensed,
organized and existing under and by virtue of the laws of Delaware, with offices and a place of
business located at 333 N. Summit Street Toledo, Ohio 43604.
30. Defendant, HCR ManorCare Heartland, LLC, is engaged in the business of
owning, operating and/or managing nursing homes, including ManorCare Health Services-
Wallingford, providing healthcare, medical services, therapy, rehabilitation, skilled nursing care,
and custodial care to the public in Delaware County, Pennsylvania; and was at all times material
hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the
employer, supervisor and/or partner of all other Defendants noted herein, holding itself and its
agents, employees, servants, contractors, subcontractors, staff andlor partners, and those persons
granted privileges at the Facility, out to the public as competent and skillful healthcare providers
and practitioners of medicine; and which is personally, directly and vicariously liable, among
other things for the acts and omissions of itself, its agents, employees, servants, contractors,
subcontractors, staff and/or partners and all other Defendants, all of whom played a role in the
care provided to Dr. Satish K. Batta and in the operation ofthe Facility.
12
C. Defendants, Trina L. Bradburd, D.O.; Brod, Kohutiak & Jamali, Ltd. a /k/a
Jamali and Kohutiak, Ltd.; Main Line Health System ( "Doctor Defendants ")
31. Defendant, Trina L. Bradburd, D.O, is an individual, who resides at 535
Ramblewood Drive, Bryn Mawr, Pennsylvania 19010. Dr. Bradburd was one of Dr. Satish
Batta's primary care physicians and/or attending physicians and/or treating physicians while he
was a resident at ManorCare - Wallingford. Upon information and belief at all relevant times
herein, Trina L. Bradburd, D.O. was .a licensed physician who, despite ample opportunity to do
so, failed to adequately assess and treat Dr. Satish K. Batta and failed to transfer Dr. Satish K.
Batta to a hospital in a timely manner, thereby causing him to expire.
32. Defendant, Brod, Kohutiak & Jamali, Ltd. a/k/a Jamali and Kohutiak, Ltd., is a
corporation, duly licensed, organized and existing under and by virtue of the laws of
Pennsylvania, with offices and a place of business located at Riddle Health Center 3, 1098 West
Baltimore Pike, Suite 3311, Media, Pennsylvania 19063.
33. Defendant, Brod, Kohutiak & Jamali, Ltd. a/k/a Jamali and Kohutiak, Ltd., is
engaged in the business of owning, operating and/or managing a medical practice specializing in
Internal Medicine, providing healthcare, medical services to the public in Delaware County,
Pennsylvania; and was at all times material hereto, duly licensed to operate same in the
Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of Trina D.
Bradburd D.O. noted herein, holding itself and its agents, employees, servants, contractors,
subcontractors, staff and/or partners, and those persons granted privileges at Manor Care Health
Services - Wallingford, out to the public as competent and skillful healthcare providers and
practitioners of medicine; and which is personally, directly and vicariously liable, among other
things for the acts and omissions of itself, its agents, employees, servants, contractors,
13
C. Defendants, Trina L. Bradburd, D.O.; Brod, Kohutiak & Jamali, Ltd. a/k/a
Jamali and Kohutiak, Ltd.; Main Line Health System ("Doctor Defendants")
31. Defendant, Trina L. Bradburd, D.O, is an individual, who resides at 535
Ramblewood Drive, Bryn Mawr, Pennsylvania 19010. Dr. Bradburd was one of Dr. Satish
Batta's primary care physicians andlor attending physicians andlor treating physicians while he
was a resident at ManorCare - Wallingford. Upon information and belief at all relevant times
herein, Trina L. Bradburd, D.O. was a licensed physician who, despite ample opportunity to do
so, failed to adequately assess and treat Dr. Satish K. Batta and failed to transfer Dr. Satish K.
Batta to a hospital in a timely manner, thereby causing him to expire.
32. Defendant, Brod, Kohutiak & Jamali, Ltd. a/k/a Jamali and Kohutiak, Ltd., is a
corporation, duly licensed, organized and existing under and by virtue of the laws of
Pennsylvania, with offices arid a place of business located at Riddle Health Center 3 , i 098 West
Baltimore Pike, Suite 3311, Media, Pennsylvania 19063.
33. Defendant, Brod, Kohutiak & Jamali, Ltd. alk/a Jamali and Kohutiak, Ltd., is
engaged in the business of owning, operating and/or managing a medical practice specializing in
Internal Medicine, providing healthcare, medical services to the public in Delaware County,
Pennsylvania; and was at all times material hereto, duly licensed to operate same in the
Commonwealth of Pennsylvania; and was the employer, supervisor and/or partner of Trina D.
Bradburd D.O. noted herein, holding itself and its agents, employees, servants, contractors,
subcontractors, staff and/or partners, and those persons granted privileges at Manor Care Health
Services - Wallingford, out to the public as competent and skillful healthcare providers and
practitioners of medicine; and which is personally, directly and vicariously liable, among other
things for the acts and omissions of itself, its agents, employees, servants, contractors,
13
subcontractors, staff and/or partners, and Trina D. Bradburd D.O., all of whom played a role in
the care provided to Dr. Satish K. Batta.
34. Defendant, Main Line Health System, is a corporation, duly licensed, organized
and existing under and by virtue of the laws of Pennsylvania, with offices and a place of business
located at 259 North Radnor -Chester Road.
35. Defendant, Main Line Health System, is engaged in the business of owning,
operating and/or managing medical practices, providing healthcare, medical services, and
nursing care to the public in Delaware County, Pennsylvania; and was at all times material
hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the
employer, supervisor and /or partner of Trina D. Bradburd D.O. and/or Brod, Kohutiak & Jamali
Ltd. a/k/a Jamali and Kohutiak, Ltd., noted herein, holding itself and its agents, employees,
servants, contractors, subcontractors, staff and/or partners, and those persons granted privileges
at Manor Care Health Services - Wallingford, out to the public as competent and skillful
healthcare providers and practitioners of medicine; and which is personally, directly and
vicariously liable, among other things for the acts and omissions of itself, its agents, employees,
servants, contractors, subcontractors, staff and/or partners, Trina D. Bradburd D.O., and Brod,
Kohutiak & Jamali LTD a/k/a Jamali and Kohutiak, LTD, all of whom played a role in the care
provided to Dr. Satish K. Batta.
36. At all times material hereto, Defendants individually and collectively owed duties,
some of which were non -delegable, to the residents of the Facility, including to Dr. Satish K.
Batta, such duties being conferred by statute, existing at common law, and/or being voluntarily
assumed by each Defendant.
14
subcontractors, staff and/or partners, and Trina D. Bradburd D.O., all of whom played a role in
the care provided to Dr. Satish K. Batta.
34. Defendant, Main Line Health System, is a corporation, duly licensed, organized
and existing under and by virtue of the laws of Pennsylvania, with offices and a place of business
located at 259 North Radnor-Chester Road.
35. Defendant, Main Line Health System, is engaged in the business of owning,
operating and/or managing medical practices, providing heaitheare, medical services, and
nursing care to the public in Delaware County, Pennsylvania; and was at all times material
hereto, duly licensed to operate same in the Commonwealth of Pennsylvania; and was the
employer, supervisor and/or partner of Trina D. Bradburd D.O. and/or Brod, Kohutiak & Jamali
Ltd. a/k/a Jamali and Kohutiak, Ltd., noted herein, holding itself and its agents, employees,
servants, contractors, subcontractors, staff and/or partners, and those persons granted privileges
at Manor Care Health Services - Wallingford, out to the public as competent and skillful
healthcare provìders and practitioners of medicine; and which is personally, directly and
vicariously liable, among other things for the acts and omissions of itself, its agents, employees,
servants, contractors, subcontractors, staff and/or partners, Trina D. Bradburd D.O., and Brod,
Kohutiak & Jamali LTD a/k/a Jamali and Kohutiak, LTD, all of whom played a role in the care
provided to Dr. Satish K. Batta.
36. At all times material hereto, Defendants individually and collectively owed duties,
some of which were non-delegable, to the residents of the Facility, including to Dr. Satish K.
Batta, such duties being conferred by statute, existing at common law, and/or being voluntarily
assumed by each Defendant.
14
37. At all times material hereto, Defendants individually and collectively, and /or
through a joint venture, owned, operated, managed and controlled the Facility, and are
individually and collectively engaged in the business of providing healthcare, medical services,
therapy, rehabilitation, skilled nursing care, and custodial care services to the general public.
II. JURISDICTION AND VENUE
38. Jurisdiction and venue are proper in this Honorable Court in so far as Defendants
regularly conduct business in Delaware County, Pennsylvania and this cause of action arose, at
least in part, in this county and/or this action is being brought in any county in which venue may
be laid against any Defendant. See Pa. R.C.P. 1006(a.1) and 2179.
III. FACTUAL BACKGROUND
A. Conduct of the ManorCare Defendants
39. Prior to his death on November 25, 2013, Dr. Satish K. Batta was a resident of the
Defendants' facility.'
40. Dr. Satish K. Batta was incapable of independently providing for all of his daily
care and personal needs without reliable assistance. In exchange for financial consideration, he
was admitted to Defendants' Facility to obtain such care and protection.
41. The ManorCare Defendants, through advertising, marketing campaigns,
promotional materials, and information sheets, held out themselves and the Facility as being able
to provide medical, skilled nursing, rehabilitation, therapy, and custodial care services to elderly
and frail individuals, including Dr. Satish K. Batta.
42. ManorCare Defendants assumed responsibility for Dr. Satish K. Batta's total
healthcare, including the provision of nutrition, hydration, activities of daily living, medical,
1 Plaintiff is not bringing any claims pursuant to 62 P.S. §1407(c) and nothing in the Complaint in Civil Action
should be interpreted as an attempt to recover damages pursuant to that Statute.
15
37. At all times material hereto, Defendants individually and collectively, and/or
through a joint venture, owned, operated, managed and controlled the Facility, and are
individually and collectively engaged in the business of providing healthcare, medical services,
therapy, rehabilitation, skilled nursing care, and custodial care services to the general public.
II. JURISDICTION AND VENUE
38. Jurisdiction and venue are proper in this Honorable Court in so far as Defendants
regularly conduct business in Delaware County, Pennsylvania and this cause of action arose, at
least in part, in this county andlor this action is being brought in any county in which venue may
be laid against any Defendant. Pa. R.C.P. 1006(a.1) and 2179.
III. FACTUAL BACKGROUND
A. Conduct of the ManorCare Defendants
39. Prior to his death on November 25, 2013, Dr. Satish K. Batta was a resident of the
Defendants' facility.'
40. Dr. Satish K. Batta was incapable of independently providing for all of his daily
care and personal needs without reliable assistance. In exchange for financial consideration, he
was admitted to Defendants' Facility to obtain such care and protection.
4 1 . The ManorCare Defendants, through advertising, marketing campaigns,
promotional materials, and information sheets, held out themselves and the Facility as being able
to provide medical, skilled nursing, rehabilitation, therapy, arid custodial care services to elderly
and frail individuals, including Dr. Satish K. Batta.
42. ManorCare Defendants assumed responsibility for Dr. Satish K. Batta's total
healthcare, including the provision of nutrition, hydration, activities of daily living, medical,
i Plaintiff is not bringing any claims pursuant to 62 P.S. § 1407(c) and nothing in the Complaint in Civil Action
should be interpreted as an attempt to recover damages pursuant to that Statute.
15
skilled nursing, rehabilitation, and therapy.
43. ManorCare Defendants further assumed responsibility to provide Dr. Satish K.
Batta with ordinary custodial and hygiene services.
44. ManorCare Defendants exercised complete and total control over the healthcare
of all residents of the Facility, including Dr. Satish K. Batta.
45. ManorCare Defendants were vertically integrated organizations that were
controlled by their respective members, managers and/or boards of directors, who were
responsible for the operation, planning, management and quality control of the Facility.
46. The control exercised over the Facility by the ManorCare Defendants included,
inter alia: cash management; cost control; setting staffing levels; budgeting; marketing;
maintaining and increasing census; supervision of the Facility administrator and director of
nursing; supervision and oversight of the staff; development and implementation of nursing staff
in- services; development and implementation of all pertinent policy and procedures; monitoring
customer satisfaction; performing mock surveys; risk management; corporate and regulatory
compliance; quality of care assessment; licensure and certification; controlling accounts payable
and receivable; development and implementation of reimbursement strategies; retaining contract
management, physician, therapy and dietary services; dictating census and payor source quotas
for admissions to the facility; and employing the Facility- level, regional and corporate staff who
together operated the Facility.
47. ManorCare Defendants, by and through their respective members, managers,
board of directors and corporate officers, utilized survey results and various other reports,
including quality indicators, to monitor the care being provided at their nursing homes, including
the Facility.
16
skilled nursing, rehabilitation, and therapy.
43. ManorCare Defendants further assumed responsibility to provide Dr. Satish K.
Batta with ordinary custodial and hygiene services.
44. ManorCare Defendants exercised complete and total control over the healthcare
of all residents of the Facility, including Dr. Satish K. Batta.
45. ManorCare Defendants were vertically integrated organizations that were
controlled by their respective members, managers and/or boards of directors, who were
responsible for the operation, planning, management and quality control of the Facility.
46. The control exercised over the Facility by the ManorCare Defendants included,
inter alia: cash management; cost control; setting staffing levels; budgeting; marketing;
maintaining and increasing census; supervision of the Facility administrator and director of
nursing; supervision and oversight of the staff; development and implementation of nursing staff
in-services; development and implementation of all pertinent policy and procedures; monitoring
customer satisfaction; performing mock surveys; risk management; corporate and regulatory
compliance; quality of care assessment; licensure and certification; controlling accounts payable
and receivable; development and implementation of reimbursement strategies; retaining contract
management, physician, therapy and dietary services; dictating census and payor source quotas
for admissions to the facility; and employing the Facility-level, regional and corporate staff who
together operated the Facility.
47. ManorCare Defendants, by and through their respective members, managers,
board of directors and corporate officers, utilized survey results and various other reports,
including quality indicators, to monitor the care being provided at their nursing homes, including
the Facility.
16
48. ManorCare Defendants exercised ultimate authority over all budgets and had final
approval over the allocation of resources for staffing, supplies, and operations of their nursing
homes including the Facility.
49. As a part of their duties and responsibilities, ManorCare Defendants had an
obligation to establish policies and procedures that addressed the needs of the residents of the
Facility, including Dr. Satish K. Batta, with respect to the recognition and/or treatment of
medical and nursing conditions, such as those experienced by Dr. Satish K. Batta, so as to ensure
that timely and appropriate care was provided for such conditions whether within the Facility, or
obtained from other medical providers.
50. ManorCare Defendants, acting through their administrators, members, managers,
board of directors and corporate officers, were responsible for supervising the standard of
professional practice by the members of their staff at the Facility, including regarding the
conduct at issue herein.
51. ManorCare Defendants had an obligation to employ competent, qualified, and
trained staff so as to ensure that proper care, treatment, and services were rendered to individuals
having medical, nursing and/or custodial needs, such as those presented by Dr. Satish K. Batta as
set forth herein.
52. As a part of their duties and responsibilities, ManorCare Defendants had an
obligation to maintain and manage the Facility with adequate staff and sufficient resources to
ensure the timely recognition and appropriate treatment of the medical, nursing, and/or custodial
needs of the residents, such as Dr. Satish K. Batta, whether within the Facility, or obtained from
other medical care providers.
53. ManorCare Defendants made a conscious decision to operate and/or manage the
17
48. ManorCare Defendants exercised ultimate authority over all budgets and had final
approval over the allocation of resources for staffing, supplies, and operations of their nursing
homes including the Facility.
49. As a part of their duties and responsibilities, ManorCare Defendants had an
obligation to establish policies and procedures that addressed the needs of the residents of the
Facility, including Dr. Satish K. Batta, with respect to the recognition andlor treatment of
medicaland nursing conditions, such as those experienced by Dr. Satish K. Batta, so as to ensure
that timely and appropriate care was provided for such conditions whether within the Facility, or
obtained from other medical providers.
50. ManorCare Defendants, acting through their administrators, members, managers,
board of directors and corporate officers, were responsible for supervising the standard of
professional practice by the members of their staff at the Facility, including regarding the
conduct at issue herein.
5 1 . ManorCare Defendants had an obligation to employ competent, qualified, and
trained staff so as to ensure that proper care, treatment, and services were rendered to individuals
having medical, nursing andlor custodial needs, such as those presented by Dr. Satish K. Batta as
set forth herein.
52. As a part of their duties and responsibilities, ManorCare Defendants had an
obligation to maintain and manage the Facility with adequate staff and sufficient resources to
ensure the timely recognition and appropriate treatment of the medical, nursing, and/or custodial
needs of the residents, such as Dr. Satish K. Batta, whether within the Facility, or obtained from
other medical care providers.
53. ManorCare Defendants made a conscious decision to operate and/or manage the
17
Facility so as to maximize profits at the expense of the care required to be provided to their
residents, including Dr. Satish K. Batta.
54. In their efforts to maximize profits, ManorCare Defendants negligently,
intentionally and/or recklessly mismanaged and/or reduced staffing levels below the level
necessary to provide adequate care to the residents.
55. Despite their knowledge of the likelihood of harm due to insufficient staffing
levels, and despite complaints from staff members about insufficient staffing levels, ManorCare
Defendants recklessly and/or negligently disregarded the consequences of their actions, and/or
negligently caused staffing levels at the Facility to be set at a level such that the personnel on
duty could not and did not meet the needs of the Facility's residents, including Dr. Satish K.
Batta.
56. ManorCare Defendants intentionally increased the number of sick, elderly and
frail residents with greater health problems requiring more complex medical care.
57. ManorCare Defendants knew that this increase in the acuity care levels of the
resident population would substantially increase the need for staff, services, and supplies
necessary for the new resident population.
58. ManorCare Defendants knew, or should have known, that the acuity needs of the
residents in their nursing homes increased and, therefore, the required resources also increased,
including the need for additional nursing staff in order to meet the needs of the residents,
including Dr. Satish K. Batta.
59. ManorCare Defendants failed to provide the resources necessary, including
sufficient staff, to meet the needs of the residents, including Dr. Satish K. Batta.
60. ManorCare Defendants knowingly established staffing levels that created
18
Facility so as to maximize profits at the expense of the care required to be provided to their
residents, including Dr. Satish K. Batta.
54. In their efforts to maximize profits, ManorCare Defendants negligently,
intentionally andlor recklessly mismanaged andlor reduced staffing levels below the level
necessary to provide adequate care to the residents.
55. Despite their knowledge of the likelihood of harm due to insufficient staffing
levels, and despite complaints from staff members about insufficient staffing levels, ManorCare
Defendants recklessly and/or negligently disregarded the consequences of their actions, and/or
negligently caused staffing levels at the Facility to be set at a level such that the personnel on
duty could not and did not meet the needs of the Facility's residents, including Dr. Satish K.
Batta.
56. ManorCare Defendants intentionally increased the number of sick, elderly and
frail residents with greater health problems requiring more complex medical care.
57. ManorCare Defendants knew that this increase in the acuity care levels of the
resident population would substantially increase the need for staff, services, and supplies
necessary for the new resident population.
58. ManorCare Defendants knew, or should have known, that the acuity needs of the
residents in their nursing homes increased and, therefore, the required resources also increased,
including the need for additional nursíng staff in order to meet the needs of the residents,
including Dr. Satish K. Batta.
59. ManorCare Defendants failed to provide the resources necessary, including
sufficient staff, to meet the needs of the residents, including Dr. Satish K. Batta.
60. ManorCare Defendants knowingly established staffing levels that created
recklessly high resident to staff ratios, including high resident to nurse ratios and high resident to
nurse aide ratios.
61. ManorCare Defendants knowingly disregarded patient acuity levels while making
staffing decisions, and also knowingly disregarded the minimum time required by the staff to
perform essential day -to -day functions and treatments.
62. The acts and omissions of the ManorCare Defendants were motivated by a desire
to increase the profits of the nursing homes they own, including the Facility, by knowingly,
recklessly, and with total disregard for the health and safety of the residents, reducing
expenditures for needed staffing, training, supervision, and care to levels that would inevitably
lead to severe injuries, such as those suffered by Dr. Satish K. Batta.
63. The actions of the ManorCare Defendants were designed to increase
reimbursements by governmental programs, which, upon information and belief, are the primary
source of income for the Facility.
64. The aforementioned acts directly caused injury to Dr. Satish K. Batta and were
known by the ManorCare Defendants.
65. ManorCare Defendants knowingly sacrificed the quality of care received by all
residents, including Dr. Satish K. Batta, by failing to manage, care, monitor, document, chart,
prevent, diagnose and/or treat the injuries and illnesses suffered by Dr. Satish K. Batta, as
described herein, which included respiratory insufficiency, poor hygiene, severe pain, suffering,
mental anguish, an obstructed tracheostomy tube on November 25, 2013, and ultimately death.
66. At the time and place of the incidents hereinafter described, the Facility
whereupon the incidents occurred was individually, collectively, and/or through a joint venture,
owned, possessed, controlled, managed, operated, and maintained under the exclusive control of
19
recklessly high resident to staff ratios, including high resident to nurse ratios and high resident to
nurse aide ratios.
6 1 . ManorCare Defendants knowingly disregarded patient acuity levels while making
staffing decisions, and also knowingly disregarded the minimum time required by the staff to
perform essential day-to-day functions and treatments.
62. The acts and omissions of the ManorCare Defendants were motivated by a desire
to increase the profits of the nursing homes they own, including the Facility, by knowingly,
recklessly, and with total disregard for the health and safety of the residents, reducing
expenditures for needed staffing, training, supervision, and care to levels that would inevitably
lead to severe injuries, such as those suffered by Dr. Satish K. Batta.
63. The actions of the ManorCare Defendants were designed to increase
reimbursements by governmental programs, which, upon information and belief, are the primary
source of income for the Facility.
64. The aforementioned acts directly caused injury to Dr. Satish K. Batta and were
known by the ManorCare Defendants.
65. ManorCare Defendants knowingly sacrificed the quality of care received by all
residents, including Dr. Satish K. Batta, by failing to manage, care, monitor, document, chart,
prevent, diagnose and/or treat the injuries and illnesses suffered by Dr. Satish K. Batta, as
described herein, which included respiratory insufficiency, poor hygiene, severe pain, suffering,
mental anguish, an obstructed tracheostomy tube on November 25, 2013, and ultimately death.
66. At the time and place of the incidents hereinafter described, the Facility
whereupon the incidents occurred was individually, collectìvely, and/or through a joint venture,
owned, possessed, controlled, managed, operated, and maintained under the exclusive control of
19
the ManorCare Defendants.
67. At all times material hereto, the Defendants were operating personally or through
their agents, servants, workers, employees, contractors, subcontractors, staff, and/or principals,
who acted with actual, apparent, and /or ostensible authority, and all of whom were acting within
the course and scope of their employment and under the direct and exclusive control of the
ManorCare Defendants.
68. The aforementioned incidents were caused solely and exclusively by reason of the
negligence, carelessness, and recklessness of the ManorCare Defendants, their agents, servants,
contractors, subcontractors, staff, and/or employees and was due in no part to any act or failure
to act on the part of Dr. Satish K. Batta.
69. ManorCare Defendants, their agents, servants, contractors, subcontractors, staff
and/or employees are /were, at all times material hereto, licensed professionals /professional
corporations and/or businesses and the Plaintiff is asserting professional liability claims against
them.
70. In addition to all other claims and demands for damages set forth herein, Plaintiff
is asserting claims for ordinary negligence, custodial neglect, and corporate negligence against
the ManorCare Defendants herein, as each of the entities named as Defendants herein are
directly and vicariously liable for their independent acts of negligence, for their acts of general
negligence, and for their acts of general corporate negligence.
B. Injuries to Dr. Satish K. Batta at the ManorCare Facility
71. Plaintiff is not seeking damages for the portions of Dr. Satish K. Batta's residency
that fall outside of the applicable statute of limitations, as ultimately construed by this Court.
However, Plaintiff asserts that, pursuant to Pa.R.E. §404(b), evidence of prior injuries and
20
the ManorCare Defendants.
67. At all times material hereto, the Defendants were operating personally or through
their agents, servants, workers, employees, contractors, subcontractors, staff, andlor principals,
who acted with actual, apparent, and/or ostensible authority, and all of whom were acting within
the course and scope of their employment and under the direct and exclusive control of the
ManorCare Defendants.
68. The aforementioned incidents were caused solely and exclusively by reason of the
negligence, carelessness, and recklessness of the ManorCare Defendants, their agents, servants,
contractors, subcontractors, staff, and/or employees and was due in no part to any act or failure
to act on the part of Dr. Satish K. Batta.
69. ManorCare Defendants, their agents, servants, contractors, subcontractors, staff
and/or employees are/were, at all times material hereto, licensed professionals/professional
corporations and/or businesses and the Plaintiff is asserting professional liability claims against
them.
70. In addition to all other claims and demands for damages set forth herein, Plaintiff
is asserting claims for ordinary negligence, custodial neglect, and corporate negligence against
the ManorCare Defendants herein, as each of the entities named as Defendants herein are
directly and vicariously liable for their independent acts of negligence, for their acts of general
negligence, and for their acts of general corporate negligence.
B. Injuries to Dr. Satish K. Batta at the ManorCare Facility
7 1 . Plaintiff is not seeking damages for the portions of Dr. Satish K. Batta' s residency
that fall outside of the applicable statute of limitations, as ultimately construed by this Court.
However, Plaintiff asserts that, pursuant to Pa.R.E. §404(b), evidence of prior injuries and
20
negligence of the ManorCare Defendants which pre -dates the applicable damages period are still
relevant for determining ManorCare Defendants' knowledge, notice, habit, routine, pattern,
practice, and absence of mistake.
72. Upon admission to the Facility and during the relevant time period, Dr. Satish K.
Batta was dependent upon the staff for his physical, mental, psycho -social, medical, nursing, and
custodial needs, requiring total assistance with activities of daily living, and he had various
illnesses and conditions that required evaluation and treatment.
73. Dr. Satish K. Batta was at risk for future illnesses and injuries, including,
negligence that led to respiratory insufficiency and death.
74. ManorCare Defendants engaged in a pattern of care replete with harmful and
injurious commissions, omissions, and neglect as described herein.
75. ManorCare Defendants deprived Dr.. Satish K. Batta of adequate care, treatment,
food, water, and medicine and caused him to suffer numerous illnesses and injuries, which
included respiratory insufficiency, poor hygiene, severe pain, extreme suffering, mental anguish,
an obstructed tracheostomy tube on November 25, 2013, and ultimately death.
76. The severity of the negligence inflicted upon Dr. Satish K. Batta by the
ManorCare Defendants, accelerated the deterioration of his health and physical condition, and
resulted in physical and emotional injuries that caused him severe pain, suffering, and mental
anguish, together with unnecessary hospitalizations, and death.
77. These injuries, as well as the conduct specified herein, caused Dr. Satish K. Batta
to suffer a loss of personal dignity, together with degradation, anguish, emotional trauma, and
death.
21
negligence of the ManorCare Defendants which pre-dates the applicable damages period are still
relevant for determining ManorCare Defendants' knowledge, notice, habit, routine, pattern,
practice, and absence of mistake.
72. Upon admission to the Facility and during the relevant time period, Dr. Satish K.
Batta was dependent upon the staff for his physical, mental, psycho-social, medical, nursing, and
custodial needs, requiring total assistance with activities of daily living, and he had various
illnesses and conditions that required evaluation and treatment.
73. Dr. Satish K. Batta was at risk for future illnesses and injuries, including,
negligence that led to respiratory insufficiency and death.
74. ManorCare Defendants engaged in a pattern of care replete with harmful and
injurious commissions, omissions, and neglect as described herein.
75. ManorCare Defendants deprived Dr. Satish K. Batta of adequate care, treatment,
food, water, and medicine and caused him to suffer numerous illnesses and injuries, which
included respiratory insufficiency, poor hygiene, severe pain, extreme suffering, mental anguish,
an obstructed tracheostomy tube on November 25, 2013, and ultimately death.
76. The severity of the negligence inflicted upon Dr. Satish K. Batta by the
ManorCare Defendants, accelerated the deterioration of his health and physical condition, and
resulted in physical and emotional injuries that caused him severe pain, suffering, and mental
anguish, together with unnecessary hospitalizations, and death.
77. These injuries, as well as the conduct specified herein, caused Dr. Satish K. Batta
to suffer a loss of personal dignity, together with degradation, anguish, emotional trauma, and
death.
21
78. On November 19, 2013, Dr. Satish K. Batta was discharged from University of
Pennsylvania Hospital (HUP) to Manorcare Health Services -Wallingford. HUP's discharge
instructions regarding tracheostomy tube care included: emptying and measuring the tubes, lines
and drains three times a day; suctioning the tracheostomy tube every two hours or more as
needed; suction frequently with saline bullets; and removing the inner cannula and cleaning at
least daily.
79. On November 21, 2013, a pulmonary consultation revealed that Dr. Satish K.
Batta was suffering from wheezing due to a blocked inner cannula. A new physician's order was
written to change the inner cannula daily. According to nursing documentation, this was not
done on November 19, 2013, and also not done on November 23, 2013.
80. On November 24, 2013, during tracheostomy tube cleaning, nursing notes
indicate the presence of thick blood tinged mucus throughout the cannula. Per nursing notes, the
staff cleaned the cannula but did not suction.
81. On November 25, 2013, shortly after midnight, Dr. Satish K. Batta was suffering
from labored breathing and used a handwritten note to indicate that he needed to go the
Emergency Room immediately for treatment.
82. Dr. Satish K. Batta also asked the staff to call his daughter and provided her
phone number, yet the Facility failed to contact Dr. Batta's family.
83. The Facility failed to immediately transfer Dr. Satish K. Batta to the hospital.
84. The Facility, ignoring Dr. Satish K. Batta's request, chose instead to call his
treating physician. The call was given to Dr. Trina Bradburd, who was covering for Dr. Elkin.
85. Dr. Trina Bradburd gave an order for Benadryl and did not order that Dr. Batta be
taken to the hospital.
22
78. On November 19, 2013, Dr. Satish K. Batta was discharged from University of
Pennsylvania Hospital (HUP) to Manorcare Health Services-Wallingford. HUP's discharge
instructions regarding tracheostomy tube care included: emptying and measuring the tubes, lines
and drains three times a day; suctioning the tracheostomy tube every two hours or more as
needed; suction frequently with saline bullets; and removing the inner cannula and cleaning at
least daily.
79. On November 21, 2013, a pulmonary consultation revealed that Dr. Satish K.
Batta was suffering from wheezing due to a blocked inner cannula. A new physician's order was
written to change the inner cannula daily. According to nursing documentation, this was not
done on November 19, 2013, and also not done on November 23, 2013.
80. On November 24, 2013, during tracheostomy tube cleaning, nursing notes
indicate the presence ofthick blood tinged mucus throughout the cannula. Per nursing notes, the
staffcleaned the cannula but did not suction.
81. On November 25, 2013, shortly after midnight, Dr. Satish KBatta was suffering
from labored breathing and used a handwritten note to indicate that he needed to go the
Emergency Room immediately for treatment.
82. Dr. Satish K. Batta also asked the staff to call his daughter and provided her
phone number, yet the Facility failed to contact Dr. Batta's family.
83. The Facility failed to immediately transfer Dr. Satish K. Batta to the hospital.
84. The Facility, ignoring Dr. Satish K. Batta's request, chose instead to call his
treating physician. The call was given to Dr. Trina Bradburd, who was covering for Dr. Elkin.
85. Dr. Trina Bradburd gave an order for Benadryl and did not order that Dr. Batta be
taken to the hospital.
22
86. Instead of recognizing the medication error and the insufficiency of Dr.
Bradburd's order, the staff at the facility attempted to treat Dr. Satish K. Batta with Benadryl.
87. The Facility failed to contact the Medical Director after Dr. Trina Bradburd
prescribed the wrong medication, Benadryl rather than Ativan, to treat Dr. Satish K. Batta.
88. The Facility failed to call the Medical Director and explained the serious nature of
Dr. Batta's respiratory distress and urgent need to go the emergency room.
89. The Facility failed to identify the emergency situation and failed to call 911 in a
timely fashion as Dr. Batta expressly wished and objectively needed.
90. Dr. Satish K. Batta continued his pleas for help in writing, informing the staff that
he was in respiratory distress and was going to die. The Facility ignored his requests and failed
to take him to the emergency room.
91. After the Facility's refusals to honor Dr. Satish Batta's repeated requests to be
taken to the emergency room, nursing notes then described Dr. Satish K. Batta as turning
grayish, and his heart rate and respiratory rate dropped.
92. Per nursing notes, the Facility waited until Dr. Satish K. Batta was "full code"
before calling 911.
93. By the time the medics arrived, Dr. Satish K. Batta was unresponsive.
94. Dr. Satish K. Batta was pronounced dead at Crozier Chester Medical Center, with
their doctor citing his time of death as 2:22am, further noting that Dr. Batta had no cardiac
activity upon EMS arrival and that EMS provided all appropriate services.
95. Dr. Satish K. Batta's death certificate lists his cause of death as respiratory
insufficiency and a partially obstructive mucous plug within his tracheostomy tube.
96. Even after the Facility received notification that Dr. Satish K. Batta had been
23
86. Instead of recognizing the medication error and the insufficiency of Dr.
Bradburd's order, the staff at the facility attempted to treat Dr. Satish K. Batta with Benadryl.
87. The Facility failed to contact the Medical Director after Dr. Trina Bradburd
prescribed the wrong medication, Benadryl rather than Ativan, to treat Dr. Satish K. Batta.
88. The Facility failed to call the Medical Director and explained the serious nature of
Dr. Batta's respiratory distress and urgent need to go the emergency room.
89. The Facility failed to identify the emergency situation and failed to call 91 1 in a
timely fashion as Dr. Batta expressly wished and objectively needed.
90. Dr. Satish K. Batta continued his pleas for help in writing, informing the staff that
he was in respiratory distress and was going to die. The Facility ignored his requests and failed
to take him to the emergency room.
91. After the Facility's refusals to honor Dr. Satish Batta's repeated requests to be
taken to the emergency room, nursing notes then described Dr. Satish K. Batta as turning
grayish, and his heart rate and respiratory rate dropped.
92. Per nursing notes, the Facility waited until Dr. Satish K. Batta was "full code"
before calling 9 1 1.
93. By the time the medics arrived, Dr. Satish K. Batta was unresponsive.
94. Dr. Satish K. Batta was pronounced dead at Crozier Chester Medical Center, with
their doctor citing his time of death as 2:22am, further noting that Dr. Batta had no cardiac
activity upon EMS arrival and that EMS provided all appropriate services.
95. Dr. Satish K. Batta's death certificate lists his cause of death as respiratory
insufficiency and a partially obstructive mucous plug within his tracheostomy tube.
96. Even after the Facility received notification that Dr. Satish K. Batta had been
23
pronounced dead at the hospital, nurse's notes continue to incorrectly indicate that there was no
contact information for family to call or notify.
97. Defendants accepted Dr. Satish K. Batta as a resident fully aware of his medical
history and understood the level of nursing care he required.
98. Dr. Satish K. Batta's chart includes and evidences missing and incomplete
documentation.
99. Defendants failed to transfer Dr. Satish K. Batta to the Emergency Room when he
showed signs of respiratory distress, as required by physician's orders and despite Dr. Satish K.
Batta repeatedly communicating to them that he was in distress and that he needed emergency
medical help.
100. Upon information and belief, the facility's failure to transfer and delay in
transferring arises out of Defendants' corporate and financial strategy to delay and prevent
unplanned resident discharges to hospitals.
101. Defendants failed to contact Dr. Satish K. Batta's family when his condition
required it and when he specifically requested they do so.
102. Defendants also misled Crozier Chester Medical Center, telling them Dr. Satish
K. Batta had no family members involved and that there were no family members to inform of
his change of condition or death, even though Defendants were aware that he had a living spouse
and at least one living daughter.
103. The severity of the negligence inflicted upon Dr. Satish K. Batta by the
Defendants' mismanagement, improper /under- budgeting, understaffing of the Facility and lack
of training or supervision of the Facility's employees, failure to provide adequate and appropriate
health care; engaging in incomplete, inconsistent and fraudulent documentation; failure to
24
pronounced dead at the hospital, nurse's notes continue to incorrectly indicate that there was no
contact information for family to call or notify.
97. Defendants accepted Dr. Satish K. Batta as a resident fully aware of his medical
history and understood the level of nursing care he required.
98. Dr. Satish K. Batta's chart includes and evidences missing and incomplete
documentation.
99. Defendants failed to transfer Dr. Satish K. Batta to the Emergency Room when he
showed signs of respiratory distress, as required by physician's orders and despite Dr. Satish K.
Batta repeatedly communicating to them that he was in distress and that he needed emergency
medical help.
loo. Upon information and belief, the facility's failure to transfer and delay in
transferring arises out of Defendants' corporate and financial strategy to delay and prevent
unplanned resident discharges to hospitals.
101. Defendants failed to contact Dr. Satish K. Batta's family when his condition
required it and when he specifically requested they do so.
1 02. Defendants also misled Crozier Chester Medical Center, telling them Dr. Satish
K. Batta had no family members involved and that there were no family members to inform of
his change of condition or death, even though Defendants were aware that he had a living spouse
and at least one living daughter.
103. The severity of the negligence inflicted upon Dr. Satish K. Batta by the
Defendants' mismanagement, improper/under-budgeting, understaffing of the Facility and lack
oftraining or supervision ofthe Facility's employees, failure to provide adequate and appropriate
health care; engaging in incomplete, inconsistent and fraudulent documentation; failure to
24
develop an appropriate care plan; failure to ensure the highest level of physical, mental and
psychosocial functioning was attained; failure to provide proper medication; failure to provide
sufficient food and water; and failure to provide proper tracheostomy care, caused Dr. Satish K.
Batta to suffer respiratory insufficiency, poor hygiene, severe pain, suffering, mental anguish, an
obstructed tracheostomy tube on November 25, 2013, and ultimately death.
104. As a result of the negligence, carelessness and recklessness of the ManorCare
Defendants herein described, Dr. Satish K. Batta was caused to suffer serious and permanent
injuries as described herein, to, in and about his body and possible aggravation and/or activation
of any pre- existing conditions, illnesses, ailments, or diseases he had, and/or the accelerated
deterioration of his health, physical and mental condition, and a loss of the ordinary pleasures of
life, a loss of dignity, humiliation, anxiety, and more particularly, respiratory insufficiency, poor
hygiene, severe pain, suffering, mental anguish, an obstructed tracheostomy tube on November
25, 2013, and ultimately death.
105. ManorCare Defendants' actions are outrageous and a willful disregard of the most
certain risk of harm they were creating to Dr. Satish K. Batta.
C. Conduct of the Doctor Defendants
106. At all times relevant hereto, Dr. Rodney Elkin, M.D., who is not a named
defendant, was one of the physicians who had the responsibility to care for Dr. Satish K. Batta
while he was a resident at the ManorCare - Wallingford Facility.
107. At all times relevant hereto, the Doctor Defendants, including Dr. Trina Bradburd,
D.O., assumed responsibility to be on call and be responsible for the care for patients assigned to
Dr. Rodney Elkin, M.D., including Dr. Satish K. Batta.
25
develop an appropriate care plan; failure to ensure the highest level of physical, mental and
psychosocial functioning was attained; failure to provide proper medication; failure to provide
sufficient food and water; and failure to provide proper tracheostomy care, caused Dr. Satish K.
Batta to suffer respiratory insufficiency, poor hygiene, severe pain, suffering, mental anguish, an
obstructed tracheostomy tube on November 25, 2013, and ultimately death.
i 04. As a result of the negligence, carelessness and recklessness of the ManorCare
Defendants herein described, Dr. Satish K. Batta was caused to suffer serious and permanent
injuries as described herein, to, in and about his body and possible aggravation and/or activation
of any pre-existing conditions, illnesses, ailments, or diseases he had, andlor the accelerated
deterioration of his health, physical and mental condition, and a loss of the ordinary pleasures of
life, a loss of dignity, humiliation, anxiety, and more particularly, respiratory insufficiency, poor
hygiene, severe pain, suffering, mental anguish, an obstructed tracheostomy tube on November
25, 2013, and ultimately death.
105. ManorCare Defendants' actions are outrageous and a willful disregard ofthe most
certain risk ofharm they were creating to Dr. Satish K. Batta.
C. Conduct of the Doctor Defendants
106. At all times relevant hereto, Dr. Rodney Elkin, M.D., who is not a named
defendant, was one of the physicians who had the responsibility to care for Dr. Satish K. Batta
while he was a resident at the ManorCare - Wallingford Facility.
107. At all times relevant hereto, the Doctor Defendants, including Dr. Trina Bradburd,
D.O., assumed responsibility to be on call and be responsible for the care for patients assigned to
Dr. Rodney Elkin, M.D., including Dr. Satish K. Batta.
25
108. One of the Doctor Defendants' responsibilities was to be available to monitor and
oversee the quality of care that was being provided to Dr. Satish K. Batta while he was a resident
in the Facility.
109. The Doctor Defendants failed to address Dr. Satish K. Batta's medical needs and
concerns which were brought to their attention by the Facility.
110. When she was told that Dr. Satish Batta was in respiratory distress, Dr. Trina
Bradburd, on call for Dr. Elkin, prescribed Benadryl and refused to call in an Ativan prescription
to the pharmacy, thereby prescribing the wrong medication.
111. Dr. Trina Bradburd refused to give an order to the Facility to transfer Dr. Satish
Batta to the hospital so that he could receive emergency treatment that he needed due to
respiratory distress.
112. The aforementioned acts directly caused injury to and led to the death of Dr.
Satish K. Batta.
113. The Doctor Defendants knowingly sacrificed the quality of care received by Dr.
Satish K. Batta, by failing to manage, care, monitor, prevent, diagnose and/or treat the injuries
and illnesses suffered by Dr. Satish K. Batta, as described herein, which included respiratory
insufficiency, severe pain, suffering, mental anguish, an obstructed tracheostomy tube on
November 25, 2013, and ultimately death.
114. At the time and place of the incidents hereinafter described, the Doctor
Defendants were individually, collectively, and/or through a joint venture, responsible for the
medical treatment and care to be provided to Dr. Satish K. Batta while he was at the Facility.
115. At all times material hereto, the Doctor Defendants were operating personally or
through their agents, servants, workers, employees, contractors, subcontractors, staff, and /or
26
108. One of the Doctor Defendants' responsibilities was to be available to monitor and
oversee the quality of care that was being provided to Dr. Satish K. Batta while he was a resident
in the Facility.
109. The Doctor Defendants failed to address Dr. Satish K. Batta's medical needs and
concerns which were brought to their attention by the Facility.
i i 0. When she was told that Dr. Satish Batta was in respiratory distress, Dr. Trina
Bradburd, on call for Dr. Elkin, prescribed Benadryl and refused to call in an Ativan prescription
to the pharmacy, thereby prescribing the wrong medication.
i i i . Dr. Trina Bradburd refused to give an order to the Facility to transfer Dr. Satish
Batta to the hospital so that he could receive emergency treatment that he needed due to
respiratory distress.
1 12. The aforementioned acts directly caused injury to and led to the death of Dr.
Satish K. Batta.
1 1 3 . The Doctor Defendants knowingly sacrificed the quality of care received by Dr.
Satish K. Batta, by failing to manage, care, monitor, prevent, diagnose and/or treat the injuries
and illnesses suffered by Dr. Satish K. Batta, as described herein, which included respiratory
insufficiency, severe pain, suffering, mental anguish, an obstructed tracheostomy tube on
November 25, 2013, and ultimately death.
i 14. At the time and place of the incidents hereinafter described, the Doctor
Defendants were individually, collectively, andlor through a joint venture, responsible for the
medical treatment and care to be provided to Dr. Satish K. Batta while he was at the Facility.
i I 5. At all times material hereto, the Doctor Defendants were operating personally or
through their agents, servants, workers, employees, contractors, subcontractors, staff, and/or
26
principals, who acted with actual, apparent, and /or ostensible authority, and all of whom were
acting within the course and scope of their employment and under the direct and exclusive
control of the Doctor Defendants.
116. The aforementioned incidents were caused partially by reason of the negligence,
carelessness, and recklessness of the Doctor Defendants, their agents, servants, contractors,
subcontractors, staff, and/or employees and was due in no part to any act or failure to act on the
part of Dr. Satish K. Batta.
117. The Doctor Defendants, their agents, servants, contractors, subcontractors, staff
and/or employees are /were, at all times material hereto, licensed professionals /professional
corporations and /or businesses and the Plaintiff is asserting professional liability claims against
them.
118. In addition to all other claims and demands for damages set forth herein, Plaintiff
is asserting claims for ordinary negligence and corporate negligence against the Doctor
Defendants herein, as each of the entities named as Doctor Defendants herein are directly and
vicariously liable for their independent acts of negligence, for their acts of general negligence,
and for their acts of general corporate negligence.
D. Injuries to Dr. Satish K. Batta by the Doctor Defendants
119. Between November 19, 2013 and November 25, 2013, Dr. Satish K. Batta was
accepted as a resident at the ManorCare Defendants' Facility for rehabilitation and tracheostomy
tube care, and the Doctor Defendants were supposed to be available to monitor and oversee the
quality of care that was being provided to Dr. Satish K. Batta while he was a resident in the
Facility.
27
principals, who acted with actual, apparent, and/or ostensible authority, and all of whom were
acting within the course and scope of their employment and under the direct and exclusive
control of the Doctor Defendants.
i I 6. The aforementioned incidents were caused partially by reason of the negligence,
carelessness, and recklessness of the Doctor Defendants, their agents, servants, contractors,
subcontractors, staff, and/or employees and was due in no part to any act or failure to act on the
part ofDr. Satish K. Batta.
i i 7. The Doctor Defendants, their agents, servants, contractors, subcontractors, staff
and/or employees are/were, at all times material hereto, licènsed professionals/professional
corporations and/or businesses and the Plaintiff is asserting professional liability claims against
them.
I 18. In addition to all other claims and demands for damages set forth herein, Plaintiff
is asserting claims for ordinary negligence and corporate negligence against the Doctor
Defendants herein, as each of the entities named as Doctor Defendants herein are directly and
vicariously liable for their independent acts of negligence, for their acts of general negligence,
and for their acts of general corporate negligence.
D. Injuries to Dr. Satish K. Batta by the Doctor Defendants
119. Between November 19, 2013 and November 25, 2013, Dr. Satish K. Batta was
accepted as a resident at the ManorCare Defendants' Facility for rehabilitation and tracheostomy
tube care, and the Doctor Defendants were supposed to be available to monitor and oversee the
quality of care that was being provided to Dr. Satish K. Batta while he was a resident in the
Facility.
27
120. When Doctor Defendants agreed to be on call for Dr. Elkin, they were Dr. Satish
K. Batta's primary care physicians and /or attending physicians and /or treating physicians, and as
such owed a duty of care to provide care and treatment to their patient, Dr. Satish K. Batta.
121. Per nurses notes from the Facility entered after midnight on November 25, 2013,
nurse Cynthia Cannon called Dr. Trina Bradburd, who was covering for Dr. Elkin, about the
condition of resident Dr. Satish K. Batta and about him asking to go to the emergency room due
to respiratory distress. Per the notes, Dr. Trina Bradburd refused to give an order sending her
patient to the emergency room.
122. Per the same nurse's note, Dr. Trina Bradburd also refused to call the pharmacy
so that the nurse could have authority to fill an order for Ativan.
123. Per the same nurse's note, Dr. Trina Bradburd then gave an order to give
Benadryl, 25mg, which was a clear medication error for the medical emergency.
124. During the delay in obtaining emergency medical treatment as Dr. Satish K. Batta
obviously needed and requested, he became greyish in color and his respiratory rate dropped. He
was noted to be in "full code" in the nursing notes, which were entered by Cherish Oetell, RN.
125. It was not until after Dr. Satish K. Batta was in "full code" that the Facility called
911. However, when the medics arrived Dr. Satish K. Batta was already in cardiac arrest and
unresponsive.
126. Dr. Satish K. Batta was pronounced dead at Crozier Chester Medical Center, with
their doctor citing his time of death as 2:22am, further noting that Dr. Batta had no cardiac
activity upon EMS arrival and that EMS provided all appropriate services.
127. The severity of the negligence inflicted upon Dr. Satish K. Batta by the Doctor
Defendants' mismanagement, improper /under -budgeting, understaffing of their Practice's staff
28
120. When Doctor Defendants agreed to be on call for Dr. Elkin, they were Dr. Satish
K. Batta's primary care physicians and/or attending physicians and/or treating physicians, and as
such owed a duty of care to provide care and treatment to their patient, Dr. Satish K. Batta.
121. Per nurses notes from the Facility entered after midnight on November 25, 2013,
nurse Cynthia Cannon called Dr. Trina Bradburd, who was covering for Dr. Elkin, about the
condition of resident Dr. Satish K. Batta and about him asking to go to the emergency room due
to respiratory distress. Per the notes, Dr. Trina Bradburd refused to give an order sending her
patient to the emergency room.
122. Per the same nurse's note, Dr. Trina Bradburd also refused to call the pharmacy
so that the nurse could have authority to fill an order for Ativan.
123. Per the same nurse's note, Dr. Trina Bradburd then gave an order to give
Benadryl, 25mg, which was a clear medication error for the medical emergency.
i 24. During the delay in obtaining emergency medical treatment as Dr. Satish K. Batta
obviously needed and requested, he became greyish in color and his respiratory rate dropped. He
was noted to be in "full code" in the nursing notes, which were entered by Cherish Oeteil, RN.
125. It was not until after Dr. Satish K. Batta was in "full code" that the Facility called
9 1 1 . However, when the medics arrived Dr. Satish K. Batta was already in cardiac arrest and
unresponsive.
126. Dr. Satish K. Batta was pronounced dead at Crozier Chester Medical Center, with
their doctor citing his time of death as 2:22am, further noting that Dr. Batta had no cardiac
activity upon EMS arrival and that EMS provided all appropriate services.
127. The severity of the negligence inflicted upon Dr. Satish K. Batta by the Doctor
Defendants' mismanagement, improper/under-budgeting, understaffing of their Practice's staff
and lack of training or supervision of the practice's doctors and employees, failure to provide
adequate and appropriate health care; failure to ensure the highest level of physical, mental and
psychosocial functioning was attained; failure to provide proper medication; failure to provide
proper tracheostomy care, and failure to order their patient to the emergency room, caused Dr.
Satish K. Batta to suffer respiratory insufficiency, severe pain, suffering, mental anguish, an
obstructed tracheostomy tube on November 25, 2013, and ultimately death.
128. As a result of the negligence, carelessness and recklessness of the Doctor
Defendants herein described, Dr. Satish K. Batta was caused to suffer serious and permanent
injuries as described herein, to, in and about his body and possible aggravation and/or activation
of any pre- existing conditions, illnesses, ailments, or diseases he had, and/or the accelerated
deterioration of his health, physical and mental condition, and a loss of the ordinary pleasures of
life, a loss of dignity, humiliation, anxiety, and more particularly, respiratory insufficiency,
severe pain, suffering, mental anguish, an obstructed tracheostomy tube on November 25, 2013,
and ultimately death.
129. The Doctor Defendants' actions are reckless and a willful disregard of the most
certain risk of harm they were creating to Dr. Satish K. Batta.
IV. COUNT ONE - Negligence - ManorCare Defendants
Dr. Mari M. Batta, Administratrix for The Estate of Dr. Satish K. Batta, deceased v.
HCR ManorCare, LLC; Wallingford Nursing and Rehabilitation Center -Wallingford, PA
d/b /a ManorCare Health Services -Wallingford; ManorCare Health Services, Inc. a /k/a
ManorCare Health Services, LLC; Manor Care, Inc.; HCR ManorCare, Inc.; HCR IV
Healthcare, LLC; HCR III Healthcare, LLC; HCR II Healthcare, LLC; HCR Healthcare,
LLC; HCRMC Operations, LLC; HCR ManorCare Operations II, LLC; Heartland
Employment Services, LLC; HCR ManorCare Heartland, LLC
130. Plaintiff incorporates herein by reference the preceding paragraphs as though the
same were more fully set forth at length herein.
29
and lack of training or supervision of the practice's doctors and employees, failure to provide
adequate and appropriate health care; failure to ensure the highest level of physical, mental and
psychosocial functioning was attained; failure to provide proper medication; failure to provide
proper tracheostomy care, and failure to order their patient to the emergency room, caused Dr.
Satish K. Batta to suffer respiratory insufficiency, severe pain, suffering, mental anguish, an
obstructed tracheostomy tube on November 25, 2013, and ultimately death.
128. As a result of the negligence, carelessness and recklessness of the Doctor
Defendants herein described, Dr. Satish K. Batta was caused to suffer serious and permanent
injuries as described herein, to, in and about his body and possible aggravation and/or activation
of any pre-existing conditions, illnesses, ailments, or diseases he had, and/or the accelerated
deterioration of his health, physical and mental condition, and a loss of the ordinary pleasures of
life, a loss of dignity, humiliation, anxiety, and more particularly, respiratory insufficiency,
severe pain, suffering, mental anguish, an obstructed tracheostomy tube on November 25, 2013,
and ultimately death.
129. The Doctor Defendants' actions are reckless and a willful disregard of the most
certain risk ofharm they were creating to Dr. Satish K. Batta.
Iv. COUNT ONE - Negligence - ManorCare Defendants
Dr. Mari M. Batta, Administratrix for The Estate of Dr. Satish K. Batta, deceased V.
HCR ManorCare, LLC; Wallingford Nursing and Rehabilitation Center-Wallingford, PA
d/bla ManorCare Health Services-Wallingford; ManorCare Health Services, Inc. a/k/a
ManorCare Health Services, LLC; Manor Care, Inc.; HCR ManorCare, Inc.; HCR IV
Healthcare, LLC; HCR HI Healthcare, LLC; HCR II Healthcare, LLC; HCR Healthcare,
LLC; HCRMC Operations, LLC; HCR ManorCare Operations II, LLC; Heartland
Employment Services, LLC; HCR ManorCare Heartland, LLC
I 30. Plaintiff incorporates herein by reference the preceding paragraphs as though the
same were more fully set forth at length herein.
29
131. Upon accepting Dr. Satish K. Batta as a resident at the Facility, Defendants
individually and jointly assumed direct, non -delegable duties to Dr. Satish K. Batta to provide
him with adequate and appropriate healthcare, as well as basic custodial and hygiene services, as
set forth herein.
132. If Defendants were unable or unwilling to meet the needs of Dr. Satish K. Batta,
they had an affirmative duty and legal obligation to discharge Dr. Satish K. Batta from the
Facility.
133. Defendants had the ultimate responsibility of ensuring that the rights of the
residents, including Dr. Satish K. Batta, were protected.
134. Defendants owed a non -delegable duty to provide adequate and appropriate
medical, skilled nursing, rehabilitation, therapy, and custodial care services and supervision to
Dr. Satish K. Batta and other residents, such as reasonable caregivers would provide under
similar circumstances.
135. Defendants each owed a non -delegable duty to the Facility's residents, including
Dr. Satish K. Batta, to hire, train, and supervise their employees so as to ensure that the Facility
was operated and services were provided to Defendants' residents in a safe and reasonable
manner.
136. Defendants, by and through their agents, employees, and/or servants each owed a
duty of care to Dr. Satish K. Batta to exercise the appropriate skill and care of licensed
physicians, nurses, nurse aides, directors of nursing, and/or nursing home administrators.
137. Defendants each owed a duty and responsibility to furnish Dr. Satish K. Batta
with appropriate and competent medical, skilled nursing, rehabilitation, therapy, and custodial
care services.
30
131. Upon accepting Dr. Satish K. Batta as a resident at the Facility, Defendants
individually and jointly assumed direct, non-delegable duties to Dr. Satish K. Batta to provide
him with adequate and appropriate healthcare, as well as basic custodial and hygiene services, as
set forth herein.
i 32. If Defendants were unable or unwilling to meet the needs of Dr. Satish K. Batta,
they had an affirmative duty and legal obligation to discharge Dr. Satish K. Batta from the
Facility.
133. Defendants had the ultimate responsibility of ensuring that the rights of the
residents, including Dr. Satish K. Batta, were protected.
134. 'Defendants owed a non-delegable duty to provide adequate and appropriate
medical, skilled nursing, rehabilitation, therapy, and custodial care services and supervision to
Dr. Satish K. Batta and other residents, such as reasonable caregivers would provide under
similar circumstances.
135. Defendants each owed a non-delegable duty to the Facility's residents, including
Dr. Satish K. Batta, to hire, train, and supervise their employees so as to ensure that the Facility
was operated and services were provided to Defendants' residents in a safe and reasonable
manner.
136. Defendants, by and through their agents, employees, andlor servants each owed a
duty of care to Dr. Satish K. Batta to exercise the appropriate skill and care of licensed
physicians, nurses, nurse aides, directors of nursing, and/or nursing home administrators.
i 37. Defendants each owed a duty and responsibility to furnish Dr. Satish K. Batta
with appropriate and competent medical, skilled nursing, rehabilitation, therapy, and custodial
care services.
30
Batta:
138. Defendants each owed and failed to fulfill the following duties to Dr. Satish K.
(a) the duty to use reasonable care in the maintenance of safe and adequate facilities and
equipment;
(b) to select, train and retain only competent staff;
(c) to oversee and supervise all persons who practiced nursing, medical and/or skilled
healthcare within the Facility;
(d) to staff the facility with personnel sufficient both in number and in training to provide
the care and services required by the Facility's residents;
(e) to ensure that the Facility's residents were treated with dignity and respect;
(f) to maintain sufficient funding, staffing, and resources for the Facility so that its
residents were provided with the care and services they required;
(g) to formulate, adopt, and enforce rules, procedures and policies to ensure.quality care
and healthcare for all residents, and to update the same as required by the applicable
standards of care;
(h) to take adequate measures to rectify known problems in the delivery of hygiene and
custodial services as well as in the delivery of medical, skilled nursing, rehabilitation,
and therapy care;
(i) to warn residents, their family and/or representatives of the Defendants' inability to
provide adequate care and services when Defendants knew or should have known of
their deficiencies in providing such care and services;
(j) to refuse admission to residents to whom they knew or should have known they could
not provide reasonable care and services;
(k) to not admit more residents than to whom Defendants could safely provide adequate
care and services;
(1) to keep the Facility's residents free from physical and mental abuse and neglect;
(m)to provide a safe, decent, and clean living environment for the Facility's residents,
and;
(n) to assist the residents in retaining and exercising all of the Constitutional, civil and
legal rights to which they are entitled as citizens of the United States and of the
Commonwealth of Pennsylvania.
31
Batta:
138. Defendants each owed and failed to fulfill the following duties to Dr. Satish K.
(a) the duty to use reasonable care in the maintenance of safe and adequate facilities and
equipment;
( b) to select, train and retain only competent staff
(c) to oversee and supervise all persons who practiced nursing, medical and/or skilled
healthcare within the Facility;
(d) to staff the facility with personnel sufficient both in number and in training to provide
the care and services required by the Facility's residents;
(e) to ensure that the Facility' s residents were treated with dignity and respect;
(f) to maintain sufficient funding, staffing, and resources for the Facility so that its
residents were provided with the care and services they required;
( g) to formulate, adopt, and enforce rules, procedures and policies to ensure.quality care
and healthcare for all residents, and to update the same as required by the applicable
standards of care;
(h) to take adequate measures to rectify known problems in the delivery of hygiene and
custodial services as well as in the delivery of medical, skilled nursing, rehabilitation,
and therapy care;
(i) to warn residents, their family and/or representatives of the Defendants' inability to
provide adequate care and services when Defendants knew or should have known of their deficiencies in providing such care and services;
(i) to refuse admission to residents to whom they knew or should have known they could
not provide reasonable care and services;
(k) to not admit more residents than to whom Defendants could safely provide adequate
care and services;
(1) to keep the Facility's residents free from physical and mental abuse and neglect;
(m)to provide a safe, decent, and clean living environment for the Facility' s residents,
and;
(n) to assist the residents in retaining and exercising all of the Constitutional, civil and
legal rights to which they are entitled as citizens of the United States and of the
Commonwealth of Pennsylvania.
31
139. In addition to the direct acts and omissions of the corporate Defendants, the
Defendants also acted through their agents, servants and employees, who were in turn acting
within the course and scope of their employment under the direct supervision and control of the
Defendants.
140. Defendants each authored, produced, and/or received frequent reports detailing
the number and types of injuries, illnesses, and infections sustained by the residents in the
Facility.
141. Despite being made aware of the types and frequency of injuries, illnesses, and/or
infections, many of which were preventable, sustained by the residents of the Facility, including
those suffered by Dr. Satish K. Batta, Defendants failed to take steps to prevent the occurrence of
said injuries, illnesses, and/or infections.
142. The Defendants knew, or should have known, of the aforementioned problems
that were occurring with the care of Dr. Satish K. Batta, as they were placed on actual and/or
constructive notice of said problems, through Defendants' own reports or through
governmental /state surveys.
143. Defendants, as the corporate members, managers, owners, and/or directors of the
Facility, breached their duties and were, therefore, negligent, careless, and reckless in their
obligations to Dr. Satish K. Batta.
144. The corporate conduct of the Defendants was independent of the negligent
conduct of the employees of the Facility, and was outrageous, willful, and wanton, and exhibited
a reckless indifference to the health and well -being of the residents, including Dr. Satish K.
Batta.
145. The breaches of duties, general negligence, professional negligence, corporate
32
139. In addition to the direct acts and omissions of the corporate Defendants, the
Defendants also acted through their agents, servants and employees, who were in turn acting
within the course and scope of their employment under the direct supervision and control of the
Defendants.
140. Defendants each authored, produced, and/or received frequent reports detailing
the number and types of injuries, illnesses, and infections sustained by the residents in the
Facility.
141 . Despite being made aware of the types and frequency of injuries, illnesses, and/or
infections, many of which were preventable, sustained by the residents of the Facility, including
those suffered by Dr. Satish K. Batta, Defendants failed to take steps to prevent the occurrence of
said injuries, illnesses, and/or infections.
142. The Defendants knew, or should have known, of the aforementioned problems
that were occurring with the care of Dr. Satish K. Batta, as they were placed on actual and/or
constructive notice of said problems, through Defendants' own reports or through
governmental/state surveys.
143. Defendants, as the corporate members, managers, owners, and/or directors of the
Facility, breached their duties and were, therefore, negligent, careless, and reckless in their
obligations to Dr. Satish K. Batta.
144. The corporate conduct of the Defendants was independent of the negligent
conduct of the employees of the Facility, and was outrageous, willful, and wanton, and exhibited
a reckless indifference to the health and well-being of the residents, including Dr. Satish K.
1 45 . The breaches of duties, general negligence, professional negligence, corporate
32
negligence, carelessness, and recklessness of the Defendants, individually, vicariously and/or
acting by and through their officers, directors, members, managers, physicians, physicians'
assistants, nurses, nurses aides, regional, and corporate staff who examined, treated, and/or
communicated the condition of Dr. Satish K. Batta, and through the administrative personnel
responsible for hiring, retaining and/or dismissing staff, staff supervision and policy -making and
enforcement, as well as any agents, servants, employees, contractors, subcontractors, and/or
consultants of the Defendants were exhibited in the following acts and omissions in the care and
treatment of Dr. Satish K. Batta:
a. failure to hire, utilize, train and retain sufficient staff to meet the residents' needs,
including those of Dr. Satish K. Batta, which caused Dr. Satish K. Batta to suffer
respiratory insufficiency, poor hygiene, severe pain, suffering, mental anguish, an
obstructed tracheostomy tube on November 25, 2013, and ultimately death;
b. failure to provide adequate hygiene to prevent infection, to keep Dr. Satish K.
Batta clean and to preserve his dignity;
c. failure to properly care for and clean Dr. Satish K. Batta's tracheostomy tube as
required and as his physician ordered;
d. failure to transfer Dr. Satish K. Batta to the emergency room when showing signs
of respiratory distress and when he repeatedly informed them he cannot breathe;
e. failure to develop, implement, and administer to Dr. Satish K. Batta appropriate
infection control policies, procedures and techniques;
f. failure to ensure that Dr. Satish K. Batta did not needlessly suffer from
preventable and treatable pain;
g. failure to ensure that Dr. Satish K. Batta received his physician -ordered
medications in accordance with his physicians' orders;
h. failure to ensure that Dr. Satish K. Batta received his physician -ordered
treatments in accordance with his physicians' orders;
i. failure to timely and appropriately notify Dr. Satish K. Batta's physician(s) and
consulting specialists when he experienced significant changes in his condition,
contributing to Dr. Satish K. Batta's injuries and illnesses, including respiratory
insufficiency, poor hygiene, severe pain, suffering, mental anguish, an obstructed
33
negligence, carelessness, and recklessness of the Defendants, individually, vicariously and/or
acting by and through their officers, directors, members, managers, physicians, physicians'
assistants, nurses, nurses aides, regional, and corporate staff who examined, treated, and/or
communicated the condition of Dr. Satish K. Batta, and through the administrative personnel
responsible for hiring, retaining and/or dismissing staff, staff supervision and policy-making and
enforcement, as well as any agents, servants, employees, contractors, subcontractors, and/or
consultants of the Defendants were exhibited in the following acts and omissions in the care and
treatment ofDr. Satish K. Batta:
a. failure to hire, utilize, train and retain sufficient staff to meet the residents' needs,
including those of Dr. Satish K. Batta which caused Dr. Satish K. Batta to suffer
respiratory insufficiency, poor hygiene, severe pain, suffering, mental anguish, an
obstructed tracheostomy tube on November 25, 2013, and ultimately death;
b. failure to provide adequate hygiene to prevent infection, to keep Dr. Satish K.
Batta clean and to preserve his dignity;
C. failure to properly care for and clean Dr. Satish K. Batta's tracheostomy tube as
required and as his physician ordered;
d. failure to transfer Dr. Satish K. Batta to the emergency room when showing signs
of respiratory distress and when he repeatedly informed them he cannot breathe;
e. failure to develop, implement, and administer to Dr. Satish K. Batta appropriate
infection control policies, procedures and techniques;
f. failure to ensure that Dr. Satish K. Batta did not needlessly suffer from
preventable and treatable pain;
g. failure to ensure that Dr. Satish K. Batta received his physician-ordered
medications in accordance with his physicians' orders;
h. failure to ensure that Dr. Satish K. Batta received his physician-ordered
treatments in accordance with his physicians' orders;
failure to timely and appropriately notify Dr. Satish K. Batta's physician(s) and
consulting specialists when he experienced significant changes in his condition,
contributing to Dr. Satish K. Batta's injuries and illnesses, including respiratory
insufficiency, poor hygiene, severe pain, suffering, mental anguish, an obstructed
33
J.
tracheostomy tube on November 25, 2013, and ultimately death.;
failing to adequately and appropriately communicate with the on call Physician
regarding Dr. Satish K. Batta's medical condition, and failure to call the Medical
Director if that doctor's response was not adequate;
k. failure to obtain new or modified physician orders when Dr. Satish K. Batta's
changes in condition required the same;
1. failure to timely and appropriately notify Dr. Satish K. Batta's family and
personal representatives when he experienced significant changes in his condition,
contributing to Dr. Satish K. Batta's injuries and illnesses, including respiratory
insufficiency, poor hygiene, severe pain, suffering, mental anguish, an obstructed
tracheostomy tube on November 25, 2013, and ultimately death;
m. failure to provide adequate and appropriate nutrition and hydration to prevent Dr.
Satish K. Batta from suffering from weight loss and malnutrition;
n. failure to accurately and consistently document Dr. Satish K. Batta's needs and
the care and services provided to him in response to such needs;
o. failure to prevent fraudulent documentation and allowing the Defendants' staff to
chart that they provided care to Dr. Satish K. Batta on non -existent days, on days
when the charting staff member was not actually at work, and/or on days when
Dr. Satish K. Batta was not even in Defendants' Facility;
P.
q.
failure to ensure that Dr. Satish K. Batta did not develop serious and permanent
injuries to, in and about his body and possible aggravation and/or activation of
any pre- existing conditions, illnesses, ailments, or diseases he had, and/or
accelerated the deterioration of his health, physical and mental condition, and
more particularly, when he suffered respiratory insufficiency, poor hygiene,
severe pain, suffering, mental anguish, an obstructed tracheostomy tube on
November 25, 2013, and ultimately death;
failure to respond in a timely manner with appropriate medical, nursing and
custodial care when Dr. Satish K. Batta was injured, including when he
experienced respiratory insufficiency, poor hygiene, severe pain, suffering, mental
anguish, an obstructed tracheostomy tube, and ultimately death, when Defendants
knew or should have known that Dr. Satish K. Batta was at risk for the same;
r. failure to ensure that each resident, including Dr. Satish K. Batta, received, and
that the Facility provided, the necessary care and services to attain or maintain the
highest practicable physical, mental and psychosocial well- being, in accordance
with the comprehensive assessment and plan of care;
s. failure to ensure that the Defendants used the results of its assessments to develop,
34
tracheostomy tube on November 25, 2013, and ultimately death.;
failing to adequately and appropriately communicate with the on call Physician
regarding Dr. Satish K. Batta's medical condition, and failure to call the Medical
Director if that doctor's response was not adequate;
k. failure to obtain new or modified physician orders when Dr. Satish K. Batta's
changes in condition required the same;
failure to timely and appropriately notify Dr. Satish K. Batta's family and
personal representatives when he experienced significant changes in his condition,
contributing to Dr. Satish K. Batta's injuries and illnesses, including respiratory
insufficiency, poor hygiene, severe pain, suffering, mental anguish, an obstructed
tracheostomy tube on November 25, 20 1 3 , and ultimately death;
m. failure to provide adequate and appropriate nutrition and hydration to prevent Dr.
Satish K. Batta from suffering from weight loss and malnutrition;
n. failure to accurately and consistently document Dr. Satish K. Batta's needs and
the care and services provided to him in response to such needs;
o. failure to prevent fraudulent documentation and allowing the Defendants' staff to
chart that they provided care to Dr. Satish K. Batta on non-existent days, on days
when the charting staff member was not actually at work, and/or on days when
Dr. Satish K. Batta was not even in Defendants' Facility;
p. failure to ensure that Dr. Satish K. Batta did not develop serious and permanent
injuries to, in and about his body and possible aggravation and/or activation of
any pre-existing conditions, illnesses, ailments, or diseases he had, and/or
accelerated the deterioration of his health, physical and mental condition, and
more particularly, when he suffered respiratory insufficiency, poor hygiene,
severe pain, suffering, mental anguish, an obstructed tracheostomy tube on
November 25, 2013, and ultimately death;
q. failure to respond in a timely manner with appropriate medical, nursing and
custodial care when Dr. Satish K. Batta was injured, including when he
experienced respiratory insufficiency, poor hygiene, severe pain, suffering, mental
anguish, an obstructed tracheostomy tube, and ultimately death, when Defendants
knew or should have known that Dr. Satish K. Batta was at risk for the same;
r. failure to ensure that each resident, including Dr. Satish K. Batta, received, and
that the Facility provided, the necessary care and services to attain or maintain the
highest practicable physical, mental and psychosocial well-being, in accordance
with the comprehensive assessment and plan of care;
s. failure to ensure that the Defendants used the results of its assessments to develop,
review and revise Dr. Satish K. Batta's comprehensive plan of care,
t. failure to develop, implement, and administer to Dr. Satish K. Batta an
appropriate, comprehensive, and individualized care plan that included
measurable objectives and timetables to meet his medical, nursing, custodial,
mental and psychosocial needs that are identified in the comprehensive
assessment, describing the services that were to be furnished to attain or maintain
his highest practicable physical, mental, and psychosocial well- being, causing Dr.
Satish K. Batta to suffer respiratory insufficiency, poor hygiene, severe pain,
suffering, mental anguish, an obstructed tracheostomy tube on November 25,
2013, and ultimately death;
u. failure to ensure that the Facility had sufficient nursing staff to provide nursing
and custodial care and services to attain or maintain the highest practicable
physical, mental, and psychosocial well -being of each resident, including Dr.
Satish K. Batta, as determined by the residents' assessments and individual plans
of care, and the failure to provide services by sufficient number of each of the
required types of personnel on a twenty -four hour basis to provide nursing care to
all residents, including Dr. Satish K. Batta, in accordance with the residents' care
plans;
v. failure to administer the Facility in a manner that enabled it to use its resources
effectively and efficiently to attain or maintain the highest practicable physical,
mental, and psychosocial well -being of each Dr. Satish K. Batta;
w. failure to ensure that the services provided or arranged by the Facility were
provided by qualified persons in accordance with each Dr. Satish K. Batta's
written plan of care;
x. failure to oversee and supervise all persons who practiced nursing and/or skilled
healthcare in the Facility who failed to provide adequate and appropriate health
care to prevent Dr. Satish K. Batta from suffering from respiratory insufficiency,
poor hygiene, severe pain, suffering, mental anguish, an obstructed tracheostomy
tube on November 25, 2013, and ultimately death;
y. failure to formulate, adopt and enforce adequate rules, procedures and policies to
prevent Dr. Satish K. Batta from suffering respiratory insufficiency, poor hygiene,
severe pain, suffering, mental anguish, an obstructed tracheostomy tube on
November 25, 2013, and ultimately death;
z. failure to refer Dr. Satish K. Batta to the necessary medical specialists in a timely
manner who would have properly diagnosed and/or treated his condition;
aa. failure to provide Dr. Satish K. Batta with the necessary care and services to allow
him to attain or maintain the highest practicable physical, mental and
psychological well- being;
35
review and revise Dr. Satish K. Batta's comprehensive plan of care,
t. failure to develop, implement, and administer to Dr. Satish K. Batta an
appropriate, comprehensive, and individualized care plan that included
measurable objectives and timetables to meet his medical, nursing, custodial,
mental and psychosocial needs that are identified in the comprehensive
assessment, describing the services that were to be furnished to attain or maintain
his highest practicable physical, mental, and psychosocial well-being, causing Dr.
Satish K. Batta to suffer respiratory insufficiency, poor hygiene, severe pain,
suffering, mental anguish, an obstructed tracheostomy tube on November 25,
2013, and ultimately death;
u. failure to ensure that the Facility had sufficient nursing staff to provide nursing
and custodial care and services to attain or maintain the highest practicable
physical, mental, and psychosocial well-being of each resident, including Dr.
Satish K. Batta, as determined by the residents' assessments and individual plans
of care, and the failure to provide services by sufficient number of each of the
required types of personnel on a twenty-four hour basis to provide nursing care to
all residents, including Dr. Satish K. Batta, in accordance with the residents' care
plans;
V. failure to administer the Facility in a manner that enabled it to use its resources
effectively and efficiently to attain or maintain the highest practicable physical,
mental, and psychosocial well-being of each Dr. Satish K. Batta;
w. failure to ensure that the services provided or arranged by the Facility were
provided by qualified persons in accordance with each Dr. Satish K. Batta's
written plan of care;
X. failure to oversee and supervise all persons who practiced nursing and/or skilled
healthcare in the Facility who failed to provide adequate and appropriate health
care to prevent Dr. Satish K. Batta from suffering from respiratory insufficiency,
pQor hygiene, severe pain, suffering, mental anguish, an obstructed tracheostomy
tube on November 25 , 20 1 3 , and ultimately death;
y. failure to formulate, adopt and enforce adequate rules, procedures and policies to
prevent Dr. Satish K. Batta from suffering respiratory insufficiency, poor hygiene,
severe pain, suffering, mental anguish, an obstructed tracheostomy tube on
November 25, 2013, and ultimately death;
z. failure to refer Dr. Satish K. Batta to the necessary medical specialists in a timely
manner who would have properly diagnosed and/or treated his condition;
an. failure to provide Dr. Satish K. Batta with the necessary care and services to allow
him to attain or maintain the highest practicable physical, mental and
psychological well-being;
35
bb. failure to implement a budget that properly funded the Facility and allowed the
Facility to provide adequate and appropriate healthcare to Dr. Satish K. Batta,
including adequate staff and supplies;
cc. grossly understaffing the Facility;
dd. failure to take appropriate steps to remedy continuing problems at the Facility that
Defendants knew were occurring with Dr. Satish K. Batta's care, which included
the need to increase the number of employees, hiring skilled and/or trained
employees, adequately training the current employees, monitoring the conduct of the employees, and/or changing the current policies and procedures to improve
Dr. Satish K. Batta care;
ee. failure to maintain compliance with the governmental regulations to which
Defendants' delivery of care is compared as part of the annual and complaint state
survey process performed by the Pennsylvania Department of Health;
ff. failure to contact the Medical Director of the facility to obtain an order for the
proper medication when Dr. Bradburd ordered Benadryl;
gg. failure to contact the Medical Director of the facility to obtain and order to
transfer Dr. Batta to the Hospital;
hh. failure to recognize the emergency situation on their own and honor Dr. Batta's
requests to go to the emergency room, and;
ii. in committing the acts and omissions herein, acting in a grossly negligent manner,
with reckless indifference to the rights and safety of Dr. Satish K. Batta.
146. Upon information and belief, Defendants owners, officers, directors, partners,
members and managers were made aware of governmental/state survey results and placed on
notice of the status of their nursing homes, including the Facility.
147. Upon information and belief, the Defendants, including their owners, officers,
directors, partners, members, managers, and employees, knew that they had been cited by
governmental units regarding ManorCare Health Services- Wallingford on November 19, 2010,
for failure to ensure that documentation regarding vital signs, blood sugar levels, antibiotic
medication, and resident's activities of daily living was complete for four residents, failure to
36
bb. failure to implement a budget that properly funded the Facility and allowed the
Facility to provide adequate and appropriate healthcare to Dr. Satish K. Batta,
including adequate staff and supplies;
cc. grossly understaffing the Facility;
dd. failure to take appropriate steps to remedy continuing problems at the Facility that
Defendants knew were occurring with Dr. Satish K. Batta's care, which included
the need to increase the number of employees, hiring skilled and/or trained
employees, adequately training the current employees, monitoring the conduct of the employees, and/or changing the current policies and procedures to improve
Dr. Satish K. Batta care;
ee. failure to maintain compliance with the governmental regulations to which
Defendants' delivery of care is compared as part of the annual and complaint state
survey process performed by the Pennsylvania Department of Health;
ff. failure to contact the Medical Director of the facility to obtain an order for the
proper medication when Dr. Bradburd ordered Benadryl;
gg. failure to contact the Medical Director of the facility to obtain and order to
transfer Dr. Batta to the Hospital;
hh. failure to recognize the emergency situation on their own and honor Dr. Batta's
requests to go to the emergency room, and;
ii. in committing the acts and omissions herein, acting in a grossly negligent manner,
with reckless indifference to the rights and safety of Dr. Satish K. Batta.
146. Upon information and belief, Defendantsowners, officers, directors, partners,
members and managers were made aware of governmental/state survey results and placed on
notice ofthe status oftheir nursing homes, including the Facility.
147. Upon information and belief, the Defendants, including their owners, officers,
directors, partners, members, managers, and employees, knew that they had been cited by
governmental units regarding ManorCare Health Services.-Wallingford on November 19, 2010,
for failure to ensure that documentation regarding vital signs, blood sugar levels, antibiotic
medication, and resident' s activities of daily living was complete for four residents, failure to
36
provide adequate maintenance services to ensure a safe and functional environment on three
nursing units, failure to develop a care plan to reflect the needs and interventions for two
residents, failure to invite four resident's family members to care plan meetings, failure to follow
the nurse practioner's recommendations and physician's orders, for failure to follow
recommendations from a consultant physician; on April 14, 2011, for failure to monitor the
central intravenous site for three residents, failure to assure that physician's orders were followed
for a residents receiving intravenous medication and intravenous nutritional products; on June
22, 2011, for failure to notify the legal representative of a significant change in the resident's
physical condition; on July 12, 2011, for failure to bring to the physician's attention a resident's
medical condition; on November 15, 2011, for failure to maintain accurate and complete
documentation related to dietary intake for residents, for failure to follow physician's orders, for
failure to promote care in a manner and in an environment that maintained the dignity of
residents, for failure to ensure staff practiced safe infection control practices; on December 14,
2011, for failure to assure physician's orders were followed, failure to timely address grievances
of residents, failure to promote care in a manner and environment that maintained residents'
dignity, failure to revise a care plan to accurately reflect the needs of residents, failure to meet
professional standards of care regarding wound treatment, failure to ensure health of residents
with food allergies, failure to review the need and justified prolonged use of a sedative, and
failure to ensure physician's orders were signed and dated in a timely fashion; on June 12, 2012,
for failure to investigate an injury of an unknown origin to rule out abuse, failure to promote
care in a manner and environment that maintained or enhanced each residents' dignity, and
failure to develop a comprehensive care plan; on October 1, 2012, for failure to provide social
service interventions for resident's mental and psychosocial well- being; on November 6, 2012,
37
provide adequate maintenance services to ensure a safe and functional environment on three
nursing units, failure to develop a care plan to reflect the needs and interventions for two
residents, failure to invite four resident's family members to care plan meetings, failure to follow
the nurse practioner's recommendations and physician's orders, for failure to follow
recommendations from a consultant physician; on April 14, 201 1, for failure to monitor the
central intravenous site for three residents, failure to assure that physician's orders were followed
for a residents receiving intravenous medication and intravenous nutritional products; on June
22, 20 1 1 , for failure to notif' the legal representative of a significant change in the resident' s
physical condition; on July 12, 2011, for failure to bring to the physician's attention a resident's
medical condition; on November 15, 201 1, for failure to maintain accurate and complete
documentation related to dietary intake for residents, for failure to follow physician's orders, for
failure to promote care in a manner and in an environment that maintained the dignity of
residents, for failure to ensure staff practiced safe infection control practices; on December 14,
20 1 1 , for failure to assure physician's orders were followed, failure to timely address grievances
of residents, failure to promote care in a manner and environment that maintained residents'
dignity, failure to revise a care plan to accurately reflect the needs of residents, failure to meet
professional standards of care regarding wound treatment, failure to ensure health of residents
with food allergies, failure to review the need and justified prolonged use of a sedative, and
failure to ensure physician's orders were signed and dated in a timely fashion; on June 12, 2012,
for failure to investigate an injury of an unknown origin to rule out abuse, failure to promote
care in a manner and environment that maintained or enhanced each residents' dignity, and
failure to develop a comprehensive care plan; on October 1 , 20 1 2, for failure to provide social
service interventions for resident's mental and psychosocial well-being; on November 6, 2012,
37
for failure to offer residents and their families the opportunity to participate in the resident's
periodic plan of care meeting, failure to provide a program to retain or improve bladder function
for residents; failure to implement the abuse policy by failing to report allegation of neglect to
the State Agency, failure to ensure that dignity was maintained while applying tape to a
residents' wounds, failure to develop a comprehensive care plan for residents, failure to ensure
that physician orders were followed regarding studies ordered, weight monitoring, and eye care,
failure to provide restorative nursing services to maintain ambulation skills, failure to provide
routine dental services for residents, failure to ensure complete and accurate documentation of
the administration and reconciliation of a controlled medication, and failure to maintain an
effective pest control program; on December 5, 2013, for failure to follow physician orders and
policies in the management of hyperglycemia and failure to follow policies or provide
assessment or needed care and services as ordered by the physicians for residents, failure to
ensure that verbal telephone orders were signed and dated by the physician, failure to ensure that
baseline tuberculosis status was determined promptly for residents, failure to timely report
allegations of abuse of residents to the State Agency, failure to ensure that assessments
accurately reflect the residents' status, failure to meet professional standards of quality regarding
the administration of medications, failure to complete an initial assessment of bladder function
and reassess residents upon change in bladder function, failure to provide appropriate treatment
for a resident with a peg tube, failing to hold a physician accountable for responding to the
pharmacist's recommendations for residents, failure to ensure immunizations were offered or
administered for the influenza and pneumococcal vaccines, and failure to record information in
accordance with the physician orders and ensure that the monthly physician recapitulation orders
accurately reflect changes that occurred for residents; on February 10, 2014, for failing to
38
for failure to offer residents and their families the opportunity to participate in the resident's
periodic plan of care meeting, failure to provide a program to retain or improve bladder function
for residents; failure to implement the abuse policy by failing to report allegation of neglect to
the State Agency, failure to ensure that dignity was maintained while applying tape to a
residents' wounds, failure to develop a comprehensive care plan for residents, failure to ensure
that physician orders were followed regarding studies ordered, weight monitoring, and eye care,
failure to provide restorative nursing services to maintain ambulation skills, failure to provide
routine dental services for residents, failure to ensure complete and accurate documentation of
the administration and reconciliation of a controlled medication, and failure to maintain an
effective pest control program; on December 5, 2013, for failure to follow physician orders and
policies in the management of hyperglycemia and failure to follow policies or provide
assessment or needed care and services as ordered by the physicians for residents, failure to
ensure that verbal telephone orders were signed and dated by the physician, failure to ensure that
baseline tuberculosis status was determined promptly for residents, failure to timely report
allegations of abuse of residents to the State Agency, failure to ensure that assessments
accurately reflect the residents' status, failure to meet professional standards of quality regarding
the administration of medications, failure to complete an initial assessment of bladder function
and reassess residents upon change in bladder function, failure to provide appropriate treatment
for a resident with a peg tube, failing to hold a physician accountable for responding to the
pharmacist's recommendations for residents, failure to ensure immunizations were offered or
administered for the influenza and pneumococcal vaccines, and failure to record information in
accordance with the physician orders and ensure that the monthly physician recapitulation orders
accurately reflect changes that occurred for residents; on February 10, 2014, for failing to
provide the necessary services to maintain bathing and or ADL services for residents; on March
11, 2014, for failure to record complete information in accordance with the physician's orders for
residents, failure to provide documentation on the disposition of narcotic medications for two of
two discharged residents; on June 10, 2014, for failure to ensure that physician's orders were
obtained, followed, and/or clarified and failed to assess, accurately monitor pain, administer
ordered pain medications, ensure care and services in place for bowel decline for residents,
failure to maintain a safe, sanitary, and comfortable environment for residents and staff, failure
to ensure that adequate infection control practices were maintained related to nasal cannula
storage and wound care, and failure to ensure sanitary storage of linen, failure to maintain
medications and biologicals utilizing accepted professional principles and failure to dispose of
medications after the expiration period, failure to maintain and store food in a sanitary manner,
failure to provide consistent wound documentation, failure to communicate resident care
information in a manner that respected the residents' dignity, failure to develop a care plan to
address residents' needs, failure to complete accurate assessments and ensure care to help restore
as much bladder control as possible for residents, and failure to ensure complete and accurate
documentation for residents' records; on November 20, 2014 for failure to assure that resident
assessments accurately reflected the residents' current status, failure to develop and revise plans
of care addressing residents' identified needs, and failure to act upon pharmacy
recommendations, failure to lock medication storage cabinet for controlled medications and
failure to follow facility practice for disposal of a controlled medication; on March 23, 2015, for
failure to ensure physician's orders for obtaining blood pressure were followed, failure to obtain
a laboratory study as ordered by the physician, and failure to ensure that complete and accurate
information was maintained in the clinical records for residents; and on March 31, 2015 for
39
provide the necessary services to maintain bathing and or ADL services for residents; on March
1 1, 2014, for failure to record complete information in accordance with the physician's orders for
residents, failure to provide documentation on the disposition of narcotic medications for two of
two discharged residents; on June 10, 2014, for failure to ensure that physician's orders were
obtained, followed, and/or clarified and failed to assess, accurately monitor pain, administer
ordered pain medications, ensure care and services in place for bowel decline for residents,
failure to maintain a safe, sanitary, and comfortable environment for residents and staff, failure
to ensure that adequate infection control practices were maintained related to nasal cannula
storage and wound care, and failure to ensure sanitary storage of linen, failure to maintain
medications and biologicals utilizing accepted professional principles and failure to dispose of
medications after the expiration period, failure to maintain and store food in a sanitary manner,
failure to provide consistent wound documentation, failure to communicate resident care
information in a manner that respected the residents' dignity, failure to develop a care plan to
address residents' needs, failure to complete accurate assessments and ensure care to help restore
as much bladder control as possible for residents, and failure to ensure complete and accurate
documentation for residents' records; on November 20, 2014 for failure to assure that resident
assessments accurately reflected the residents' current status, failure to develop and revise plans
of care addressing residents' identified needs, and failure to act upon pharmacy
recommendations, failure to lock medication storage cabinet for controlled medications and
failure to follow facility practice for disposal ofa controlled medication; on March 23, 2015, for
failure to ensure physician's orders for obtaining blood pressure were followed, failure to obtain
a laboratory study as ordered by the physician, and failure to ensure that complete and accurate
information was maintained in the clinical records for residents; and on March 3 1 , 20 1 5 for
39
failure to develop a plan of care to address a resident's non -compliance with care.
148. As a direct and proximate result of the Defendants' acts and omissions, and their
breach of the duty of care, negligence, carelessness and recklessness, Dr. Satish K. Batta suffered
(a) severe permanent physical injuries resulting in pain, suffering, disfigurement and death, (b)
mental anguish, embarrassment, humiliation, degradation, emotional distress, and loss of
personal dignity, (c) loss of capacity for enjoyment of life, and (d) expense of otherwise
unnecessary hospitalizations and medical care.
149. In causing the aforementioned injuries, the Defendants knew, or should have
known, that Dr. Satish K. Batta would suffer such harm.
150. At all times pertinent hereto, there was in full force and effect 18 Pa.C.S.A. §2713
"Neglect of Care Dependent Person," which set forth penal consequences for neglect of a care -
dependent person.
151. 18 Pa.C.S.A. §2713 "Neglect of Care Dependent Person" expresses the
fundamental public policy of the Commonwealth of Pennsylvania that elders, like children, are
not to be abused or neglected, particularly in health care facilities or by persons holding
themselves out as trained professionals, and that if such abuse or neglect causes injury, either
physical or mental, then such conduct is actionable.
152. At all times pertinent hereto, Dr. Satish K. Batta was a care dependent Dr. Satish
K. Batta of the Defendants' Facility, ManorCare Health Services -Wallingford, and thus fell
within the class of persons 18 Pa.C.S.A. §2713 "Neglect of Care Dependent Person" was
intended to protect, thus entitling Plaintiff to adopt 18 Pa.C.S.A. §2713 "Neglect of Care
Dependent Person" as the standard of care for measuring the Defendants' conduct.
40
failure to develop a plan of care to address a resident's non-compliance with care.
148. As a direct and proximate result of the Defendants' acts and omissions, and their
breach of the duty of care, negligence, carelessness and recklessness, Dr. Satish K. Batta suffered
(a) severe permanent physical injuries resulting in pain, suffering, disfigurement and death, (b)
mental anguish, embarrassment, humiliation, degradation, emotional distress, and loss of
personal dignity, (c) loss of capacity for enjoyment of life, and (d) expense of otherwise
unnecessary hospitalizations and medical care.
149. In causing the aforementioned injuries, the Defendants knew, or should have
known, that Dr. Satish K. Batta would suffer such harm.
150. At all times pertinent hereto, there was in full force and effect 18 Pa.C.S.A. §2713
"Neglect of Care Dependent Person," which set forth penal consequences for neglect of a care-
dependent person.
151. 18 Pa.C.S.A. §2713 "Neglect of Care Dependent Person" expresses the
fundamental public policy of the Commonwealth of Pennsylvania that elders, like children, are
not to be abused or neglected, particularly in health care facilities or by persons holding
themselves out as trained professionals, and that if such abuse or neglect causes injury, either
physical or mental, then such conduct is actionable.
152. At all times pertinent hereto, Dr. Satish K. Batta was a care dependent Dr. Satish
K. Batta of the Defendants' Facility, ManorCare Health Services-Wallingford, and thus fell
within the class of persons I 8 Pa.C.S.A. §2713 "Neglect of Care Dependent Person" was
intended to protect, thus entitling Plaintiff to adopt 18 Pa.C.S.A. §2713 "Neglect of Care
Dependent Person" as the standard of care for measuring the Defendants' conduct.
153. Additionally, 18 Pa.C.S.A. §2713 "Neglect of Care Dependent Person" is
directed, at least in part, to obviate the specific kind of harm which Dr. Satish K. Batta sustained.
154. The Defendants, in accepting the responsibility for caring for Dr. Satish K. Batta
as aforesaid, were negligent "per se" and violated 18 Pa.C.S.A. §2713 "Neglect of Care
Dependent Person" in that they:
a. failed to provide treatment, care, goods and services necessary to preserve the
health, safety or welfare of Dr. Satish K. Batta for whom they were responsible to
provide care as specifically set forth in this Complaint;
155. At all times pertinent hereto, there was in full force and effect 35 P.S.
§10225.101, et seq., "Pennsylvania Older Adults Protective Services Act," which sets forth civil
penalties, administrative penalties and other consequences for abuse of a care- dependent person.
156. 35 P.S. §10225.102, expresses the policy of the Commonwealth of Pennsylvania
that:
...older adults who lack the capacity to protect themselves and are at
imminent risk of abuse, neglect, exploitation or abandonment shall have
access to and be provided with services necessary to protect their health,
safety and welfare. It is not the purpose of this act to place restrictions
upon the personal liberty of incapacitated older adults, but this act should
be liberally construed to assure the availability of protective services to all
older adults in need of them. Such services shall safeguard the rights of
incapacitated older adults while protecting them from abuse, neglect,
exploitation and abandonment. It is the intent of the General Assembly to
provide for the detection and reduction, correction or elimination of abuse,
neglect, exploitation and abandonment, and to establish a program of
protective services for older adults in need of them.
157. At all times pertinent hereto, Dr. Satish K. Batta was an older person who was a
resident of Defendants' Facility, ManorCare Health Services- Wallingford, who lacked the
capacity to protect himself and thus fell within the class of persons 35 P.S. §10225.101, et seq.
was intended to protect, thus entitling Plaintiff to adopt 35 P.S. §10225.101, et seq. as the
standard of care for measuring the Defendants' conduct.
41
153. Additionally, 18 Pa.C.S.A. §2713 "Neglect of Care Dependent Person" is
directed, at least in part, to obviate the specific kind ofharm which Dr. Satish K. Batta sustained.
154. The Defendants, in accepting the responsibility for caring for Dr. Satish K. Batta
as aforesaid, were negligent "per se" and violated i 8 Pa.C.S.A. §27 1 3 "Neglect of Care
Dependent Person" in that they:
a. failed to provide treatment, care, goods and services necessary to preserve the
health, safety or welfare of Dr. Satish K. Batta for whom they were responsible to
provide care as specifically set forth in this Complaint;
155. At all times pertinent hereto, there was in full force and effect 35 P.S.
§ i 0225. 1 0 1 , et seq. , "Pennsylvania Older Adults Protective Services Act," which sets forth civil
penalties, administrative penalties and other consequences for abuse of a care-dependent person.
that:
156. 35 P.S. §10225.102, expresses the policy of the Commonwealth of Pennsylvania
. . . older adults who lack the capacity to protect themselves and are at
imminent risk of abuse, neglect, exploitation or abandonment shall have
access to and be provided with services necessary to protect their health,
safety and welfare. It is not the purpose of this act to place restrictions
upon the personal liberty of incapacitated older adults, but this act should
be liberally construed to assure the availability of protective services to all
older adults in need of them. Such services shall safeguard the rights of
incapacitated older adults while protecting them from abuse, neglect,
exploitation and abandonment. It is the intent of the General Assembly to
provide for the detection and reduction, correction or elimination of abuse,
neglect, exploitation and abandonment, and to establish a program of
protective services for older adults in need of them.
1 57. At all times pertinent hereto, Dr. Satish K. Batta was an older person who was a
resident of Defendants' Facility, ManorCare Health Services-Wallingford, who lacked the
capacity to protect himself and thus fell within the class of persons 35 P.S. §10225.101, et seq.
was intended to protect, thus entitling Plaintiff to adopt 35 P.S. §10225. 101, et seq. as the
standard of care for measuring the Defendants' conduct.
41
158. Additionally, the Pennsylvania Older Adults Protective Services Act is directed,
at least in part, to obviate the specific kind of harm which Dr. Satish K. Batta sustained.
159. In addition to the aforesaid negligence, which said negligence is specifically
incorporated herein, the Defendants, in accepting the responsibility for caring for Dr. Satish K.
Batta as aforesaid, were negligent "per se" and violated 35 P.S. §10225.101, et seq. in that they
had reasonable cause to suspect that Dr. Satish K. Batta was the victim of abuse or neglect and
failed to report said abuse and neglect to the appropriate agency and law enforcement officials.
160. As a direct result of the aforesaid negligence "per se" of the Defendants, Dr.
Satish K. Batta was caused to sustain serious personal injuries and damages as aforesaid.
161. The conduct of the Defendants was intentional, outrageous, willful and wanton,
and exhibited a reckless indifference to the health and well -being of Dr. Satish K. Batta.
162. The conduct of the Defendants was such that an award of punitive damages is
j ustified.
WHEREFORE, Plaintiff, Dr. Mari M. Batta, Administratrix for the Estate of Dr. Satish
K. Batta, deceased, respectfully requests that judgment be entered in her favor, and against
Defendants, in an amount in excess of the compulsory arbitration limits and/or Fifty Thousand
Dollars ($50,000.00) whichever is greater, together with punitive damages, costs, and any other
relief that this Honorable Court deems appropriate given the circumstances. A jury trial is
demanded.
42
I 58. Additionally, the Pennsylvania Older Adults Protective Services Act is directed,
at least in part, to obviate the specific kind of harm which Dr. Satish K. Batta sustained.
i 59. In addition to the aforesaid negligence, which said negligence is specifically
incorporated herein, the Defendants, in accepting the responsibility for caring for Dr. Satish K.
Batta as aforesaid, were negligent "per se" and violated 35 P.S. §10225.101, et seq. in that they
had reasonable cause to suspect that Dr. Satish K. Batta was the victim of abuse or neglect and
failed to report said abuse and neglect to the appropriate agency and law enforcement officials.
160. As a direct result of the aforesaid negligence "per se" of the Defendants, Dr.
Satish K. Batta was caused to sustain serious personal injuries and damages as aforesaid.
i 6 1 . The conduct of the Defendants was intentional, outrageous, willful and wanton,
and exhibited a reckless indifference to the health and well-being of Dr. Satish K. Batta.
162. The conduct of the Defendants was such that an award of punitive damages is
justified.
WHEREFORE, Plaintiff, Dr. Mari M. Batta, Administratrix for the Estate of Dr. Satish
K. Batta, deceased, respectfully requests that judgment be entered in her favor, and against
Defendants, in an amount in excess of the compulsory arbitration limits andlor Fifty Thousand
Dollars ($50,000.00) whichever is greater, together with punitive damages, costs, and any other
relief that this Honorable Court deems appropriate given the circumstances. A jury trial is
demanded.
42
V. COUNT TWO - Survival Action - ManorCare Defendants
Dr. Mari M. Batta, Administratrix for The Estate of Dr. Satish K. Batta, deceased v.
HCR ManorCare, LLC; Wallingford Nursing and Rehabilitation Center -Wallingford, PA
d /b /a ManorCare Health Services- Wallingford; ManorCare Health Services, Inc. a /k/a
ManorCare Health Services, LLC; Manor Care, Inc.; HCR ManorCare, Inc.; HCR IV
Healthcare, LLC; HCR III Healthcare, LLC; HCR II Healthcare, LLC; HCR Healthcare,
LLC; HCRMC Operations, LLC; HCR ManorCare Operations II, LLC; Heartland Employment Services, LLC; HCR ManorCare Heartland, LLC
163. Plaintiff hereby incorporates by reference the preceding paragraphs as though the
same were more fully set forth at length herein.
164. Plaintiff, Dr. Mari M. Batta, brings this action on behalf of the decedent's estate
under and by virtue of the Pennsylvania Judiciary Act 42 Pa.C.S. 8302, known as the Survival
Statute, to recover all damages legally appropriate thereunder.
165. The following people are entitled to share under this cause of action in the estate
of said decedent, Dr. Satish K. Batta: (1) Dr. Mari M. Batta, daughter, Administratrix of the
Estate, (2) Mrs. Fumiyo K. Batta, spouse, and (3) Risa S. Batta, daughter.
166. Plaintiff's decedent, Dr. Satish K. Batta, did not bring any action during his
lifetime, nor has any other action been commenced on behalf of Plaintiff's decedent, Dr. Satish
K. Batta, against the Defendants herein.
167. Plaintiff, Dr. Mari M. Batta, claims damages for the conscious pain and suffering
including mental and physical pain, suffering and inconvenience, loss of life's pleasures and
aggravation of pre- existing medical conditions, and expense of otherwise unnecessary
hospitalizations undergone by Dr. Satish K. Batta, up to and including the time of his death,
which was caused by the Defendants' breach of duties, negligence, carelessness, and
recklessness.
168. Plaintiff, Dr. Mari M. Batta, claims damages for the fright and mental suffering
43
V. COUNT TWO - Surviva' Action - ManorCare Defendants
Dr. Mari M. Batta, Administratrix for The Estate of Dr. Satish K. Batta, deceased V.
11CR ManorCare, LLC; Wallingford Nursing and Rehabilitation Center-Wallingford, PA
d/b/a ManorCare Health Services-Wallingford; ManorCare Health Services, Inc. a/k/a
ManorCare Health Services, LLC; Manor Care, Inc.; HCR ManorCare, Inc.; HCR IV
Healthcare, LLC; HCR III Healthcare, LLC; 11CR II Healthcare, LLC; HCR Healthcare,
LLC; HCRMC Operations, LLC; HCR ManorCare Operations II, LLC; Heartland Employment Services, LLC; HCR ManorCare Heartland, LLC
i 63 . Plaintiff hereby incorporates by reference the preceding paragraphs as though the
same were more fully set forth at length herein.
164. Plaintiff, Dr. Mari M. Batta, brings this action on behalf of the decedent's estate
under and by virtue of the Pennsylvania Judiciary Act 42 Pa.C.S. 8302, known as the Survival
Statute, to recover all damages legally appropriate thereunder.
165. The following people are entitled to share under this cause of action in the estate
of said decedent, Dr. Satish K. Batta: (1) Dr. Mari M. Batta, daughter, Administratrix of the
Estate, (2) Mrs. Fumiyo K. Batta, spouse, and (3) Risa S. Batta, daughter.
166. Plaintiffs decedent, Dr. Satish K. Batta, did not bring any action during his
lifetime, nor has any other action been commenced on behalf of Plaintiff's decedent, Dr. Satish
K. Batta, against the Defendants herein.
167. Plaintiff, Dr. Mari M. Batta, claims damages for the conscious pain and suffering
including mental and physical pain, suffering and inconvenience, loss of life's pleasures and
aggravation of pre-existing medical conditions, and expense of otherwise unnecessary
hospitalizations undergone by Dr. Satish K. Batta, up to and including the time of his death,
which was caused by the Defendants' breach of duties, negligence, carelessness, and
recklessness.
168. Plaintiff, Dr. Mari M. Batta, claims damages for the fright and mental suffering
43
attributable to the peril leading to the physical manifestation of mental injuries, physical injuries,
respiratory insufficiency, poor hygiene, severe pain, suffering, mental anguish, an obstructed
tracheostomy tube on November 25, 2013, and ultimately death occurring to Dr. Satish K. Batta,
which was caused by the Defendants' breaches of duties, negligence, carelessness and
recklessness.
169. In causing the aforementioned injuries, the Defendants knew, or should have
known, that Dr. Satish K. Batta would suffer such harm.
170. The conduct of the Defendants was intentional, outrageous, willful and wanton
and exhibited a reckless indifference to the health and well -being of Dr. Satish K. Batta.
171. The conduct of the Defendants was such that an award of punitive damages is
justified.
WHEREFORE, Plaintiff, Dr. Mari M. Batta, Administratrix for the Estate of Dr. Satish
K. Batta, deceased, respectfully requests that judgment be entered in her favor, and against
Defendants, in an amount in excess of the compulsory arbitration limits and/or Fifty Thousand
Dollars ($50,000.00) whichever is greater, together with punitive damages, costs, and any other
relief that this Honorable Court deems appropriate given the circumstances. A jury trial is
demanded.
VI. COUNT THREE - Wrongful Death - ManorCare Defendants
Dr. Mari M. Batta, Administratrix for The Estate of Dr. Satish K. Batta, deceased v.
HCR ManorCare, LLC; Wallingford Nursing and Rehabilitation Center -Wallingford, PA
d /b /a ManorCare Health Services- Wallingford; ManorCare Health Services, Inc. a/k/a
ManorCare Health Services, LLC; Manor Care, Inc.; HCR ManorCare, Inc.; HCR IV
Healthcare, LLC; HCR III Healthcare, LLC; HCR II Healthcare, LLC; HCR Healthcare, LLC; HCRMC Operations, LLC; HCR ManorCare Operations II, LLC; Heartland
Employment Services, LLC; HCR ManorCare Heartland, LLC.
172. Plaintiff hereby incorporates by reference the preceding paragraphs as though the
44
attributable to the peril leading to the physical manifestation of mental injuries, physical injuries,
respiratory insufficiency, poor hygiene, severe pain, suffering, mental anguish, an obstructed
tracheostomy tube on November 25, 2013, and ultimately death occurring to Dr. Satish K. Batta,
which was caused by the Defendants' breaches of duties, negligence, carelessness and
recklesspess.
169. In causing the aforementioned injuries, the Defendants knew, or should have
known, that Dr. Satish K. Batta would suffer such harm.
i 70. The conduct of the Defendants was intentional, outrageous, willful and wanton
and exhibited a reckless indifference to the health and well-being ofDr. Satish K. Batta.
I 7 1 . The conduct of the Defendants was such that an award of punitive damages is
justified.
WHEREFORE, Plaintiff, Dr. Mari M. Baffa, Administratrix for the Estate of Dr. Satish
K. Batta, deceased, respectfiully requests that judgment be entered in her favor, and against
Defendants, in an amount in excess of the compulsory arbitration limits and/or Fifty Thousand
Dollars ($50,000.00) whichever is greater, together with punitive damages, costs, and any other
relief that this Honorable Court deems appropriate given the circumstances. A jury trial is
demanded.
VI. COUNT THREE - Wrongful Death - ManorCare Defendants
Dr. Mari M. Batta, Administratrix for The Estate of Dr. Satish K. Batta, deceased V.
HCR ManorCare, LLC; Wallingford Nursing and Rehabilitation Center-Wallingford, PA
d/b/a ManorCare Health Services-Wallingford; ManorCare Health Services, Inc. a/k/a
ManorCare Health Services, LLC; Manor Care, Inc.; HCR ManorCare, Inc.; HCR IV
Healthcare, LLC; HCR III Healthcare, LLC; HCR II Healthcare, LLC; HCR Healthcare,
LLC; HCRMC Operations, LLC; HCR ManorCare Operations II, LLC; Heartland Employment Services, LLC; HCR ManorCare Heartland, LLC.
i 72. Plaintiff hereby incorporates by reference the preceding paragraphs as though the
same were fully set forth at length herein.
173. Plaintiff, Dr. Mari M. Batta, brings this action on behalf of the decedent's estate
under and by virtue of the Pennsylvania Judiciary Act 42 Pa.C.S. 8301, known as the Wrongful
Death Statute, to recover all damages legally appropriate thereunder.
174. The following people are entitled to share under this cause of action in the estate
of said decedent, Dr. Satish K. Batta: (1) Mrs. Fumiyo K. Batta, spouse, (2) Dr. Mari M. Batta,
daughter, and (3) Risa S. Batta, daughter.
175. Plaintiff's decedent, Dr. Satish K. Batta, did not bring any action during his
lifetime, nor has any other action been commenced on behalf of Dr. Satish K. Batta, deceased,
against the Defendants herein.
176. Plaintiff, Dr. Mari M. Batta, claims damages for the pecuniary loss suffered by
the decedent's survivors by reason of the death of Dr. Satish K. Batta, deceased, as well as for
the reimbursement of hospital, nursing, medical, and funeral expenses, and expenses of
administration and other expenses incurred in connection therewith.
177. As a result of the death of Dr. Satish K. Batta, deceased, the súrvivors, as
aforesaid, have been deprived of the companionship, comfort, aid, assistance and society that he
would have received from said Dr. Satish K. Batta, deceased, for the remainder of his natural
life.
WHEREFORE, Plaintiff, Dr. Mari M. Batta, Administratrix for the Estate of Dr. Satish
K. Batta, deceased, respectfully requests that judgment be entered in her favor, and against the
ManorCare Defendants, in an amount in excess of the compulsory arbitration limits and/or Fifty
Thousand Dollars ($50,000.00) whichever is greater, together with damages, costs, and any other
relief that this Honorable Court deems appropriate given the circumstances. A jury trial is
45
same were fully set forth at length herein.
173. Plaintiff, Dr. Mari M. Batta, brings this action on behalf of the decedent's estate
under and by virtue of the Pennsylvania Judiciary Act 42 Pa.C.S. 8301, known as the Wrongful
Death Statute, to recover all damages legally appropriate thereunder.
174. The following people are entitled to share under this cause of action in the estate
of said decedent, Dr. Satish K. Batta: (1) Mrs. Fumiyo K. Batta, spouse, (2) Dr. Mari M. Batta,
daughter, and (3) Risa S. Batta, daughter.
I 75. Plaintiff's decedent, Dr. Satish K. Batta, did not bring any action during his
lifetime, nor has any other action been commenced on behalf of Dr. Satish K. Batta deceased,
against the Defendants herein.
176. Plaintiff, Dr. Mari M. Batta, claims damages for the pecuniary loss suffered by
the decedent's survivors by reason of the death of Dr. Satish K. Batta, deceased, as well as for
the reimbursement of hospital, nursing, medical, and funeral expenses, and expenses of
administration and other expenses incurred in connection therewith.
i 77. As a result of the death of Dr. Satish K. Batta, deceased, the sùrvivors, as
aforesaid, have been deprived of the companionship, comfort, aid, assistance and society that he
would have received from said Dr. Satish K. Batta, deceased, for the remainder of his natural
life.
WHEREFORE, Plaintiff, Dr. Mari M. Batta, Administratrix for the Estate of Dr. Satish
K. Batta, deceased, respectfully requests that judgment be entered in her favor, and against the
ManorCare Defendants, in an amount in excess of the compulsory arbitration limits andlor Fifty
Thousand Dollars ($50,000.00) whichever is greater, together with damages, costs, and any other
relief that this Honorable Court deems appropriate given the circumstances. A jury trial is
demanded.
VII. COUNT FOUR - False Imprisonment - ManorCare Defendants
Dr. Mari M. Batta, Administratrix for The Estate of Dr. Satish K. Batta, deceased v.
HCR ManorCare, LLC; Wallingford Nursing and Rehabilitation Center -Wallingford, PA
d/b /a ManorCare Health Services- Wallingford; ManorCare Health Services, Inc. a/k/a
ManorCare Health Services, LLC; Manor Care, Inc.; HCR ManorCare, Inc.; HCR IV
Healthcare, LLC; HCR III Healthcare, LLC; HCR II Healthcare, LLC; HCR Healthcare, LLC; HCRMC Operations, LLC; HCR ManorCare Operations II, LLC; Heartland
Employment Services, LLC; HCR ManorCare Heartland, LLC
178. Plaintiff hereby incorporates by reference the preceding paragraphs as though the
same were fully set forth at length herein.
179. Plaintiff hereby brings a cause of action on behalf of the decedent for False
Imprisonment.
180. Upon accepting Dr. Satish K. Batta as a resident at the Facility, ManorCare
Defendants individually and jointly assumed direct, non -delegable duties to Dr. Satish K. Batta
to provide him with adequate and appropriate healthcare, and Defendants had the ultimate
responsibility of ensuring that the rights of the residents, including Dr. Satish K. Batta, were
protected.
181. ManorCare Defendants knew that Dr. Satish K. Batta was dependent on them for
tracheotomy care, and that he could not verbally speak but would communicate using a notepad
and pen. They also knew he was at risk for respiratory distress.
182. Into the midnight hours of November 25, 2013, Dr. Satish K. Batta repeatedly
communicated to the ManorCare Facility staff that he was in respiratory distress and needed to
go to the hospital. Yet they refused to take him.
183. After continued delay in calling 911, Dr. Satish K. Batta Wrote to them asking to
call his daughter and pleading with them to take him to the hospital because he was in respiratory
46
demanded.
VII. COUNT FOUR - False Imprisonment - ManorCare Defendants
Dr. Mari M. Batta, Administratrix for The Estate ofDr. Satish K. Batta, deceased V.
HCR ManorCare, LLC; Wallingford Nursing and Rehabilitation Center-Wallingford, PA
dThía ManorCare Health Services-Wallingford; ManorCare Health Services, Inc. a/k/a
ManorCare Health Services, LLC; Manor Care, Inc.; HCR ManorCare, Inc.; HCR IV
Healthcare, LLC; HCR III Healthcare, LLC; HCR II Healthcare, LLC; HCR Healthcare,
LLC; HCRMC Operations, LLC; HCR ManorCare Operations II, LLC; Heartland Employment Services, LLC; HCR ManorCare Heartland, LLC
178. Plaintiff hereby incorporates by reference the preceding paragraphs as though the
same were ffilly set forth at length herein.
i 79. Plaintiff hereby brings a cause of action on behalf of the decedent for False
Imprisonment.
i 80. Upon accepting Dr. Satish K. Batta as a resident at the Facility, ManorCare
Defendants individually and jointly assumed direct, non-delegable duties to Dr. Satish K. Batta
to provide him with adequate and appropriate healthcare, and Defendants had the ultimate
responsibility of ensuring that the rights of the residents, including Dr. Satish K. Batta, were
protected.
i 8 1 . ManorCare Defendants knew that Dr. Satish K. Batta was dependent on them for
tracheotomy care, and that he could not verbally speak but would communicate using a notepad
and pen. They also knew he was at risk for respiratory distress.
182. Into the midnight hours of November 25, 2013, Dr. Satish K. Batta repeatedly
communicated to the ManorCare Facility staff that he was in respiratory distress and needed to
go to the hospital. Yet they refused to take him.
183. After continued delay in calling 911, Dr. Satish K. Batta Wrote to them asking to
call his daughter and pleading with them to take him to the hospital because he was in respiratory
distress.
184. Dr. Satish K. Batta also wrote that he was going to die if they did not take him to
the hospital.
185. Despite his requests to leave, the Facility continued to keep Dr. Batta at the
Facility against his will.
186. Dr. Satish Batta was at the mercy of the Facility to call for help for him, and he
repeated communicated for them to do so.
187. The ManorCare defendants intentionally refused to call the medics to transport
Dr. Batta to the emergency room, thereby intentionally confining him within the boundaries of
their Facility against his will.
188. Due to his medical and nursing conditions, Dr. Satish K. Batta was unable to
escape his confinement.
189. Dr. Satish Batta suffered serious harm as a result of his confinement within the
facility, as he went into respiratory distress and coded before the Facility called 911.
190. Upon the medics' arrival, Dr. Satish K. Batta was unresponsive, without cardiac
activity, and unable to be revived.
191. Dr. Satish K. Batta was pronounced dead at the Crozier Chester Medical Center,
with a time of death being 2:22am and noting that medics did all they could to try to revive him.
192. ManorCare Defendants knew or should have known that their purposeful
confinement of Dr. Batta within the Facility would cause him serious bodily harm or even death.
193. As a direct result of their unlawful confinement, Dr. Batta suffered serious harm
and death.
194. Plaintiff, Dr. Mari M. Batta, claims damages for the fright and mental suffering
47
distress.
184. Dr. Satish K. Batta also wrote that he was going to die if they did not take him to
the hospital.
185. Despite his requests to leave, the Facility continued to keep Dr. Batta at the
Facility against his will.
i 86. Dr. Satish Batta was at the mercy of the Facility to call for help for him, and he
repeated communicated for them to do so.
187. The ManorCare defendants intentionally refused to call the medics to transport
Dr. Batta to the emergency room, thereby intentionally confining him within the boundaries of
their Facility against his will.
188. Due to his medical and nursing conditions, Dr. Satish K. Batta was unable to
escape his confinement.
189. Dr. Satish Batta suffered serious harm as a result of his confinement within the
facility, as he went into respiratory distress and coded before the Facility called 9 1 1.
190. Upon the medics' arrival, Dr. Satish K. Batta was unresponsive, without cardiac
activity, and unable to be revived.
i 9 1 . Dr. Satish K. Batta was pronounced dead at the Crozier Chester Medical Center,
with a time of death being 2:22am and noting that medics did all they could to try to revive him.
192. ManorCare Defendants knew or should have known that their purposeful
confinement of Dr. Batta within the Facility would cause him serious bodily harm or even death.
i 93 . As a direct result of their unlawful confinement, Dr. Batta suffered serious harm
and death.
194. Plaintiff, Dr. Mari M. Batta, claims damages for the fright and mental suffering
47
attributable to the peril leading to the physical manifestation of mental injuries, physical injuries,
respiratory insufficiency, poor hygiene, severe pain, suffering, mental anguish, an obstructed
tracheostomy tube on November 25, 2013, and ultimately death occurring to Dr. Satish K. Batta,
which was caused by the Defendants' breaches of duties, negligence, and False Imprisonment.
195. The conduct of the Defendants was intentional, outrageous, willful and wanton
and exhibited a reckless indifference to the health and well -being of Dr. Satish K. Batta.
196. The conduct of the Defendants was such that an award of punitive damages is
j ustified.
WHEREFORE, Plaintiff, Dr. Mari M. Batta, Administratrix for the Estate of Dr. Satish
K. Batta, deceased, respectfully requests that judgment be entered in her favor, and against
Defendants, in an amount in excess of the compulsory arbitration limits and/or Fifty Thousand
Dollars ($50,000.00) whichever is greater, together with punitive damages, costs, and any other
relief that this Honorable Court deems appropriate given the circumstances. A jury trial is
demanded.
VIII. COUNT FIVE - Negligence - Doctor Defendants
Dr. Mari M. Batta, Administratrix for The Estate of Dr. Satish K. Batta, deceased v.
Trina L. Bradburd, D.O.; Brod, Kohutiak & Jamali, Ltd. a/k/a Jamali and Kohutiak, Ltd.; Main Line Health System
197. Plaintiff hereby incorporates by reference the preceding paragraphs as though the
same were fully set forth at length herein.
198. The Doctor Defendants, Trina L. Bradburd, D.O., Brod, Kohutiak & Jamali, LTD.
a/k/a Jamali and Kohutiak, LTD., and Main Line Health System, individually and through their
actual or ostensible agents, employees and /or servants, owed a duty of care to Dr. Satish K.
Batta.
48
attributable to the peril leading to the physical manifestation of mental injuries, physical injuries,
respiratory insufficiency, poor hygiene, severe pain, suffering, mental anguish, an obstructed
tracheostomy tube on November 25, 2013, and ultimately death occurring to Dr. Satish K. Batta,
which was caused by the Defendants' breaches ofduties, negligence, and False Imprisonment.
195. The conduct of the Defendants was intentional, outrageous, willful and wanton
and exhibited a reckless indifference to the health and well-being of Dr. Satish K. Batta.
i 96. The conduct of the Defendants was such that an award of punitive damages is
justified.
WHEREFORE, Plaintiff, Dr. Mari M. Batta, Administratrix for the Estate of Dr. Satish
K. Batta, deceased, respectfully requests that judgment be entered in her favor, and against
Defendants, in an amount in excess of the compulsory arbitration limits and/or Fifty Thousand
Dollars ($50,000.00) whichever is greater, together with punitive damages, costs, and any other
relief that this Honorable Court deems appropriate given the circumstances. A jury trial is
demanded.
Vm. COUNT FIVE - Negligence - Doctor Defendants
Dr. Mari M. Batta, Administratrix for The Estate of Dr. Satish K. Batta, deceased V.
Trina L. Bradburd, D.O.; Brod, Kohutiak & Jamali, Ltd. a/k/a Jamali and Kohutiak, Ltd.; Main Line Health System
i 97. Plaintiff hereby incorporates by reference the preceding paragraphs as though the
same were fully set forth at length herein.
198. The Doctor Defendants, Trina L. Bradburd, D.O., Brod, Kohutiak & Jamali, LTD.
a/k/a Jamali and Kohutiak, LTD., and Main Line Health System, individually and through their
actual or ostensible agents, employees and/or servants, owed a duty of care to Dr. Satish K.
Batta.
199. Specifically, the Doctor Defendants owed Dr. Satish K. Batta a duty to exercise
the appropriate, competent, and reasonable skill and care of a physician.
200. The Doctor Defendants breached their duty of care, and directly and proximately
caused Dr. Satish K. Batta damages by
a. failing to take an adequate and appropriate history of disease from (or
about) Dr. Satish K. Batta while he was under their care which caused
and/or increased his risk of harm and death as a result of Defendants'
conduct;
b. failing to complete an adequate and appropriate physical of Dr. Satish K.
Batta while he was under their care, including all care, treatment, and
diagnoses leading up to his final day of respiratory distress, which caused
and/or increased his risk of harm and death as a result of Defendants'
conduct ;
c. failing to properly monitor Dr. Satish K. Batta's condition when nurses
from the Facility called about him complaining of respiratory distress,
which caused and/or increased his risk of harm and death as a result of Defendants' conduct;
d. failing to properly examine, diagnose, monitor, treat, and/or refer Dr.
Satish K. Batta, while he was under their care, including all care,
treatment, and diagnoses leading up to his respiratory distress, given his
medical condition, which Defendants knew or should have known, which
caused and/or increased his risk of harm and death as a result of Defendants' conduct;
e. failing to order appropriate interventions and action, including calling the
Pharmacy as requested and/or ordering the proper medication and/or
ordering that Dr. Satish K. Batta be taken emergently to the hospital, while
he was under their care, given his medical condition, which Defendants
knew or should have known, which caused and/or increased his risk of
harm and death as a result of Defendants' conduct;
f. failing to adequately and appropriately communicate with the ManorCare
Defendants' staff regarding Dr. Satish K. Batta's condition, and ;
g failing to promptly order the transfer of Dr. Satish K. Batta, a
tracheostomy patient, to the hospital for evaluation of his respiratory
distress on November 25, 2013;
49
199. Specifically, the Doctor Defendants owed Dr. Satish K. Batta a duty to exercise
the appropriate, competent, and reasonable skill and care of a physician.
200. The Doctor Defendants breached their duty of care, and directly and proximately
caused Dr. Satish K. Batta damages by
a. failing to take an adequate and appropriate history of disease from (or
about) Dr. Satish K. Batta while he was under their care which caused
and/or increased his risk of harm and death as a result of Defendants'
conduct;
b. failing to complete an adequate and appropriate physical of Dr. Satish K.
- Batta while he was under their care, including all care, treatment, and
diagnoses leading up to his final day of respiratory distress, which caused
and/or increased his risk of harm and death as a result of Defendants'
conduct;
C. failing to properly monitor Dr. Satish K. Batta's condition when nurses
from the Facility called about him complaining of respiratory distress,
which caused and/or increased his risk of harm and death as a result of Defendants' conduct;
d. failing to properly examine, diagnose, monitor, treat, andlor refer Dr.
Satish K. Batta, while he was under their care, including all care,
treatment, and diagnoses leading up to his respiratory distress, gìven his
medical condition, which Defendants knew or should have known, which
caused and/or increased his risk of harm and death as a result of Defendants' conduct; -
e. failing to order appropriate interventions and action, including calling the
Pharmacy as requested and/or ordering the proper medication and/or
ordering that Dr. Satish K. Batta be taken emergently to the hospital, while
he was under their care, given his medical condition, which Defendants
knew or should have known, which caused and/or increased his risk of harm and death as a result of Defendants' conduct;
f. failing to adequately and appropriately communicate with the ManorCare
Defendants' staff regarding Dr. Satish K. Batta's condition, and;
g. failing to promptly order the transfer of Dr. Satish K. Batta, a
tracheostomy patient, to the hospital for evaluation of his respiratory
distress on November 25, 2013;
201. As a direct and proximate result of the Defendants' acts and omissions, and their
breach of the duty of care, negligence, carelessness and recklessness, Dr. Satish K. Batta suffered
(a) severe permanent physical injuries resulting in pain, suffering, disfigurement and death, (b)
mental anguish, embarrassment, humiliation, degradation, emotional distress, and loss of
personal dignity, (c) loss of capacity for enjoyment of life, and (d) expense of otherwise
unnecessary hospitalizations and medical care.
202. In causing the aforementioned injuries, the Defendants knew, or should have
known, that Dr. Satish K. Batta would suffer such harm.
203. The conduct of the Defendants was intentional, outrageous, willful and wanton,
and exhibited a reckless indifference to the health and well -being of Dr. Satish K. Batta.
204. The conduct of the Defendants was such that an award of punitive damages is
justified.
WHEREFORE, Plaintiff, Dr. Mari M. Batta, Administratrix for the Estate of Dr. Satish
K. Batta, deceased, respectfully requests that judgment be entered in her favor, and against
Defendants, in an amount in excess of the compulsory arbitration limits and/or Fifty Thousand
Dollars ($50,000.00) whichever is greater, together with punitive damages, costs, and any other
relief that this Honorable Court deems appropriate given the circumstances. A jury trial is
demanded.
IX. COUNT SIX - Survival Action - Doctor Defendants
Dr. Mari M. Batta, Administratrix for The Estate of Dr. Satish K. Batta, deceased v.
Trina L. Bradburd, D.O.; Brod, Kohutiak & Jamali, Ltd. a/k/a Jamali and Kohutiak, Ltd.; Main Line Health System
205. Plaintiff hereby incorporates by reference the preceding paragraphs as though the
same were more fully set forth at length herein.
50
201. As a direct and proximate result of the Defendants' acts and omissions, and their
breach of the duty of care, negligence, carelessness and recklessness, Dr. Satish K. Batta suffered
(a) severe permanent physical injuries resulting in pain, suffering, disfigurement and death, (b)
mental anguish, embarrassment, humiliation, degradation, emotional distress, and loss of
personal dignity, (e) loss of capacity for enjoyment of life, and (d) expense of otherwise
unnecessary hospitalizations and medical care.
202. In causing the aforementioned injuries, the Defendants knew, or should have
known, that Dr. Satish K. Batta would suffer such harm.
203 . The conduct of the Defendants was intentional, outrageous, willful and wanton,
and exhibited a reckless indifference to the health and well-being of Dr. Satish K. Batta.
204. The conduct of the Defendants was such that an award of punitive damages is
i ustified.
WHEREFORE, Plaintiff, Dr. Mari M. Batta, Administratrix for the Estate of Dr. Satish
K. Batta, deceased, respectfiully requests that judgment be entered in her favor, and against
Defendants, in an amount in excess of the compulsory arbitration limits and/or Fifty Thousand
Dollars ($50,000.00) whichever is greater, together with punitive damages, costs, and any other
relief that this Honorable Court deems appropriate given the circumstances. A iury trial is
demanded.
Ix. COUNT SIX - Survival Action - Doctor Defendants
Dr. Mari M. Batta, Administratrix for The Estate of Dr. Satish K. Batta, deceased V.
Trina L. Bradburd, D.O.; Brod, Kohutiak & Jamali, Ltd. a/k/a Jamali and Kohutiak, Ltd.; Main Line Health System
205. Plaintiff hereby incorporates by reference the preceding paragraphs as though the
same were more fully set forth at length herein.
1141
206. Plaintiff, Dr. Mari M. Batta, brings this action on behalf of the decedent's estate
under and by virtue of the Pennsylvania Judiciary Act 42 Pa.C.S. 8302, known as the Survival
Statute, to recover all damages legally appropriate thereunder.
207. The following people are entitled to share under this cause of action in the estate
of said decedent, Dr. Satish K. Batta: (1) Dr. Mari M. Batta, daughter, Administratrix of the
Estate, (2) Mrs. Fumiyo K. Batta, spouse, and (3) Risa S. Batta, daughter.
208. Plaintiff's decedent, Dr. Satish K. Batta, did not bring any action during his
lifetime, nor has any other action been commenced on behalf of Plaintiff's decedent, Dr. Satish
K. Batta, against the Defendants herein.
209. Plaintiff, Dr. Mari M. Batta, claims damages for the conscious pain and suffering
including mental and physical pain, suffering and inconvenience, loss of life's pleasures and
aggravation of pre -existing medical conditions, and expense of otherwise unnecessary
hospitalizations undergone by Dr. Satish K. Batta, up to and including the time of his death,
which was caused by the Defendants' breach of duties, negligence, carelessness, and
recklessness.
210. Plaintiff, Dr. Mari M. Batta, claims damages for the fright and mental suffering
attributable to the peril leading to the physical manifestation of mental injuries, physical injuries,
respiratory insufficiency, severe pain, suffering, mental anguish, an obstructed tracheostomy tube
on November 25, 2013, and ultimately death occurring to Dr. Satish K. Batta, which was caused
by the Defendants' breaches of duties, negligence, carelessness and recklessness.
211. In causing the aforementioned injuries, the Defendants knew, or should have
known, that Dr. Satish K. Batta would suffer such harm.
212. The conduct of the Defendants was intentional, outrageous, willful and wanton
51
206. Plaintiff, Dr. Mari M. Batta, brings this action on behalf of the decedent's estate
under and by virtue of the Pennsylvania Judiciary Act 42 Pa.C.S. 8302, known as the Survival
Statute, to recover all damages legally appropriate thereunder.
207. The following people are entitled to share under this cause of action in the estate
of said decedent, Dr. Satish K. Batta: (1) Dr. Mari M. Batta, daughter, Administratrix of the
Estate, (2) Mrs. Fumiyo K. Batta, spouse, and (3) Risa S. Batta, daughter.
208. Plaintiff's decedent, Dr. Satish K. Batta, did not bring any action during his
lifetime, nor has any other action been commenced on behalf of Plaintiff's decedent, Dr. Satish
K. Batta, against the Defendants herein.
209. Plaintiff, Dr. Mari M. Batta, claims damages for the conscious pain and suffering
including mental and physical pain, suffering and inconvenience, loss of life's pleasures and
aggravation of pre-existing medical conditions, and expense of otherwise unnecessary
hospitalizations undergone by Dr. Satish K. Batta, up to and including the time of his death,
which was caused by the Defendants' breach of duties, negligence, carelessness, and
recklessness.
210. Plaintiff, Dr. Mari M. Batta, claims damages for the fright and mental suffering
attributable to the peril leading to the physical manifestation of mental injuries, physical injuries,
respiratory insufficiency, severe pain, suffering, mental anguish, an obstructed tracheostomy tube
on November 25, 2013, and ultimately death occurring to Dr. Satish K. Batta, which was caused
by the Defendants' breaches of duties, negligence, carelessness and recklessness.
21 1. In causing the aforementioned injuries, the Defendants knew, or should have
known, that Dr. Satish K. Batta would suffer such harm.
212. The conduct of the Defendants was intentional, outrageous, willful and wanton
51
and exhibited a reckless indifference to the health and well -being of Dr. Satish K. Batta.
213. The conduct of the Defendants was such that an award of punitive damages is
j ustified.
WHEREFORE, Plaintiff, Dr. Mari M. Batta, Administratrix for the Estate of Dr. Satish
K. Batta, deceased, respectfully requests that judgment be entered in her favor, and against
Defendants, in an amount in excess of the compulsory arbitration limits and/or Fifty Thousand
Dollars ($50,000.00) whichever is greater, together with punitive damages, costs, and any other
relief that this Honorable Court deems appropriate given the circumstances. A jury trial is
demanded.
X. COUNT SEVEN- Wrongful Death - Doctor Defendants
Dr. Mari M. Batta, Administratrix for The Estate of Dr. Satish K. Batta, deceased v.
Trina L. Bradburd, D.O.; Brod, Kohutiak & Jamali, Ltd. a /k/a Jamali and Kohutiak, Ltd.; Main Line Health System
214. Plaintiff hereby incorporates by reference the preceding paragraphs as though the
same were fully set forth at length herein.
215. Plaintiff, Dr. Mari M. Batta, brings this action on behalf of the decedent's estate
under and by virtue of the Pennsylvania Judiciary Act 42 Pa.C.S. 8301, known as the Wrongful
Death Statute, to recover all damages legally appropriate thereunder.
216. The following people are entitled to share under this cause of action in the estate
of said decedent, Dr. Satish K. Batta: (1) Mrs. Fumiyo K. Batta, spouse, (2) Dr. Mari M. Batta,
daughter, and (3) Risa S. Batta, daughter.
217. Plaintiff's decedent, Dr. Satish K. Batta, did not bring any action during his
lifetime, nor has any other action been commenced on behalf of Dr. Satish K. Batta, deceased,
against the Defendants herein.
52
and exhibited a reckless indifference to the health and well-being of Dr. Satish K. Batta.
2 1 3 . The conduct of the Defendants was such that an award of punitive damages is
i ustified.
WHEREFORE, Plaintiff, Dr. Mari M. Batta, Administratrix for the Estate of Dr. Satish
K. Batta, deceased, respectfully requests that judgment be entered in her favor, and against
Defendants, in an amount in excess of the compulsory arbitration limits andlor Fifty Thousand
Dollars ($50,000.00) whichever is greater, together with punitive damages, costs, and any other
relief that this Honorable Court deems appropriate given the circumstances. A jury trial is
demanded.
X. COUNT SEVEN - Wrongful Death - Doctor Defendants
Dr. Mari M. Batta, Administratrix for The Estate of Dr. Satish K. Batta, deceased V.
Trina L. Bradburd, D.O.; Brod, Kohutiak & Jamati, Ltd. a/k/a Jamali and Kohutiak, Ltd.; Main Line Health System
2 i 4. Plaintiff hereby incorporates by reference the preceding paragraphs as though the
same were fully set forth at length herein.
215. Plaintiff, Dr. Mari M. Batta, brings this action on behalf of the decedent's estate
under and by virtue of the Pennsylvania Judiciary Act 42 Pa.C.S. 830 1 , known as the Wrongful
Death Statute, to recover all damages legally appropriate thereunder.
2 1 6. The following people are entitled to share under this cause of action in the estate
of said decedent, Dr. Satish K. Batta: (1) Mrs. Fumiyo K. Batta, spouse, (2) Dr. Mari M. Batta,
daughter, and (3) Risa S. Batta, daughter.
2 1 7. Plaintiffs decedent, Dr. Satish K. Batta, did not bring any action during his
lifetime, nor has any other action been commenced on behalf of Dr. Satish K. Batta, deceased,
against the Defendants herein.
52
218. Plaintiff, Dr. Mari M. Batta, claims damages for the pecuniary loss suffered by
the decedent's survivors by reason of the death of Dr. Satish K. Batta, deceased, as well as for
the reimbursement of hospital, nursing, medical, and funeral expenses, and expenses of
administration and other expenses incurred in connection therewith.
219. As a result of the death of Dr. Satish K. Batta, deceased, the survivors, as
aforesaid, have been deprived of the companionship, comfort, aid, assistance and society that he
would have received from said Dr. Satish K. Batta, deceased, for the remainder of his natural
life.
WHEREFORE, Plaintiff, Dr. Mari M. Batta, Administratrix for the Estate of Dr. Satish
K. Batta, deceased, respectfully requests that judgment be entered in her favor, and against
Defendants, in an amount in excess of the compulsory arbitration limits and/or Fifty Thousand
Dollars ($50,000.00) whichever is greater, together with damages, costs, and any other relief that
this Honorable Court deems appropriate given the circumstances. A jury trial is demanded.
Dated:
Respectfully Submitted,
WILKES & McHUGH, P.A.
uben J. iszta , esquire Attorney for Plaintiff, Dr. Mari M Batta, Administratrix for the Estate of Dr. Satish K Batta, deceased
53
218. Plaintiff, Dr. Mari M. Batta, claims damages for the pecuniary loss suffered by
the decedent's survivors by reason of the death of Dr. Satish K. Batta, deceased, as well as for
the reimbursement of hospital, nursing, medical, and funeral expenses, and expenses of
administration and other expenses incurred in connection therewith.
2 1 9. As a result of the death of Dr. Satish K. Batta, deceased, the survivors, as
aforesaid, have been deprived of the companionship, comfort, aid, assistance and society that he
would have received from said Dr. Satish K. Baffa, deceased, for the remainder of his natural
life.
WHEREFORE, Plaintiff, Dr. Mari M. Batta, Administratrix for the Estate of Dr. Satish
K. Batta, deceased, respectfully requests that judgment be entered in her favor, and against
Defendants, in an amount in excess of the compulsory arbitration limits and/or Fifty Thousand
Dollars ($50,000.00) whichever is greater, together with damages, costs, and any other relief that
this Honorable Court deems appropriate given the circumstances. Ajury trial is demanded.
Respectfully Submitted,
WILKES & McHUGH, P.A.
Dated: '3
, t D BY:
Attorneyfor Plaint9Ç Dr. Mari M Batta, Administratrixfor the Estate ofDr. Satish K Batta, deceased
VERIFICATION
The undersigned, having read the attached Complaint, verifies that the
within Complaint is based on information furnished to counsel, which information
has been gathered by counsel in the course of this lawsuit. The language of the
Complaint is that of counsel and not the signer. Signer verifies that signer has
read the within Complaint and that it is true and correct to the best of signer's
knowledge, information and belief. To the extent that the contents of the
Complaint are not that of signer, signer has relied upon counsel in taking this
Verification. This Verification is made subject to the penalties Pa.C.S. Section
4904, relating to unsworn falsification of authorities.
Dated: L¡í) f7 rvi j. oo I 6.
Dr. Mari M. Batta, as Administratrix for the Estate of Dr. Satish K. Batta, deceased
VERIFICATION
The undersigned, having read the attached Complaint, verifies that the
within Complaint is based on information furnished to counsel, which information
has been gathered by counsel in the course of this lawsuit. The language of the
Complaint is that of counsel and not the signer. Signer verifies that signer has
read the within Complaint and that it is true and correct to the best of signer's
knowledge, information and belief. To the extent that the contents of the
Complaint are not that of signer, signer has relied upon counsel in taking this
Verification. This Verification is made subject to the penalties Pa.C.S. Section
4904, relating to unsworn falsification of authorities.
Dated:L4t1
Dr. Mari M. Batta, as Administratrix for the Estate ofDr. Satish K. Batta, deceased
CERTIFICATE OF SERVICE
I, Ruben J. Krisztal, Esquire, attorney for Plaintiff, attest and certify that a true and
correct copy of the foregoing Complaint in Civil Action was served, as indicated, upon the
following individual(s): Via Federal Express
William J. Mundy, Esquire John M. Skrocki, Esquire
Sean P. O'Mahoney, Esquire BURNS WHITE LLC
100 Four Falls, Suite 515
1001 Conshohocken State Road West Conshohocken, PA 19428
Attorneys for: HCR ManorCare, LLC; Wallingford Nursing and Rehabilitation Center - Wallingford, PA, LLC d/b /a
ManorCare Health Services - Wallingford; ManorCare Health Services, Inc. a/k/a ManorCare Health Services, LLC;
Manor Care, Inc.; HCR ManorCare, Inc.; HCR IV Healthcare, LLC; HCR III Healthcare, LLC; HCR II Healthcare,
LLC; HCR Healthcare, LLC; HCRMC Operations, LLC; HCR ManorCare Operations II, LLC; Heartland
Employment Services, LLC; HCR ManorCare Heartland, LLC
Dated: 6)-IS- i
1 U./ i
Via Federal Express Stewart J. Greenleaf, Jr., Esquire Frederick P. Santarelli, Esquire ELLIOTT GREENLEAF, P.C.
925 Harvest Drive, Suite 300 P. O. Box 3010
Blue Bell, PA 19422
Attorneys for: Main Line Health System
Via Federal Express Trina L. Bradburd, D.O. 535 Ramblewood Drive Bryn Mawr, PA 19010
Via Federal Express BROD, KOHUTIAK & JAMALI, Ltd.
a/k/a JAMALI AND KOHUTIAK, Ltd. Riddle Health Center 3, Suite 3311
1098 West Baltimore Pike Media, PA 19063
Wilkes & McHugh, P.A.
3
Ruben J. Kris .1, Esquire Attorney for Plaintiff
CERTIFICATE OF SERVICE
I, Ruben J. Krisztal, Esquire, attorney for Plaintiff, attest and certify that a true and
correct copy of the foregoing Complaint in Civil Action was served, as indicated, upon the
following individual(s): Via Federal Express
William J. Mundy, Esquire John M. Skrocki, Esquire
Sean P. O'Mahoney, Esquire BURNS WHITE LLC
loo Four Falls, Suite 515
I 00 1 Conshohocken State Road West Conshohocken, PA i 9428
Attorneysfor: HCR ManorCare, LLC; Wallingford Nursing and Rehabilitation Center- Wallingford, PA, LLC d/b/a
ManorCare Health Services- Wallingford; ManorCare Health Services, Inc. a/k/a ManorCare Health Services, LLC;
Manor Care, Inc. ; HCR ManorCare, Inc.; HCR IVHealthcare, LLC; HCR III Healthcare, LLC; HCR II Healthcare,
LLC; HCR Healthcare, LLC; HCRMC Operations, LLC; HCR ManorCare Operations II, LLC; Heartland
Employment Services, LLC; HCR ManorCare Heartland. LLC
Via Federal Express Stewart J. Greenleaf, Jr., Esquire Frederick P. Santareili, Esquire ELLIOTT GREENLEAF, P.C. 925 Harvest Drive, Suite 300
P. O. Box 3010 Blue Bell, PA 19422
Attorneysfor: Main Line Health System
Via Federal Express Trina L. Bradburd, D.O. 535 Ramblewood Drive Bryn Mawr, PA 19010
Via Federal Express BROD, KOHUTIAK & JAMALI, Ltd.
a/k/a JAMALI AND KOHUTIAK, Ltd.
Riddle Health Center 3 , Suite 3311
1 098 West Baltimore Pike Media, PA 19063
Wilkes & McHugh, P.A.
Dated: }((i Ruben J. Kris I
Attorney for Plaintiff
3