Delong v. MaineGenderal Med. Ctr.

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STATE OF MAINE KENNEBEC, ss. SUPERIOR COURT CIVIL ACTION D.~~ket No.C~-O~.-~~ . /\,c\-IJCN- '-, ( ''oJ I " \ r, / (./ ~ .. , v DONNA DELONG and CHARLES DELONG, Plaintiffs DECISION AND ORDER v. MANIEGENERAL lVIEDICAL CENTER, and PADlATH A. ASLAM, M.D., Defendants This case is before the court on the defendant MaineGeneral Medical Center (MaineGeneral)'s motion for summary judgment on the plaintiffs' claims that MaineGeneral is directly or vicariously liable for any negligence regarding the plaintiff Donna Delong's diagnosis, treatment, or care. For the following reasons, the defendant's motion is granted. FACTS The parties' statements of material facts, submitted pursuant to M.R. Civ. P. 56(h)(1), include the following undisputed material facts. On or about June 29, 2001, plaintiff Donna Delong was admitted to MaineGeneral for a "Roux-en-Y" laparoscopic gastric bypass procedure. (Def.'s SUMF <J[ 1.) The gastric bypass procedure was performed by Dr. Padiath A. Aslam, M.D. (Dr. Aslam), an attending physician at MaineGeneral. (Id. <J[ 3.) Dr. Aslam was granted privileges to practice medicine at MaineGeneral as an attending physician. (PIs.' SAMF <J[ 1.) During the surgery, Dr. Aslam observed that the suture line between the lower esophagus and small intestine (the anastomosis) was leaking. (Def.'s SUMF «JI 4Y On July 3, 2001, the third postoperative day, plaintiff was discharged from MaineGeneral. (Id. «JI 6.) Plaintiff was readmitted to MaineGeneral on July 4, 2001 because of abdominal pain and was discharged on July 23, 2001. (Id. «JI 7.) Between the end of July and October 2001, plaintiff elected to receive care from Dr. Guess at the Aroostook Medical Center, rather than MaineGeneral, for complications due to her gastric bypass surgery. (Id. «JI 8.) The plaintiff Donna Delong sent Dr. Aslam a letter on July 25, 2001, informing Dr. Aslam that Dr. Guess would be managing her care and that she no longer would be under the care of Dr. Aslam. (W. «JI 9.) Plaintiff suffered complications after the June 29, 2001 surgery, including abscess, empyema, and underwent a splenectomy. (Id. «JI 10.) On March 16, 2007, the plaintiffs filed a complaint and alleged that, as a result of the defendants' conduct, the plaintiffs suffered injuries. (Compl. «JI 19.) In the complaint, the plaintiffs allege that MaineGeneral was negligent in its supervision of hospital employees. (Def.'s SUMF «JI 12.) Plaintiffs also allege, based on an actual or apparent agency theory, that MaineGeneral is vicariously liable for the alleged negligence attributable to Dr. Aslam in connection with his care of the plaintiff Donna Delong because of a relationship between MaineGeneral and Dr. Aslam. (Id. «JI 13.) The plaintiff Donna Delong acknowledges that she selected Dr. Aslam because he represented himself as "a competent practitioner in the field of medicine," and not because of any affirmative representations made by MaineGeneral regarding Dr. Aslam's skill, qualifications, or relationship to the hospital. 1 ago «JI 14.) The parties dispute whether Dr. Aslam properly reinforced the anastomosis during surgery. (Def.'s SUMF 1 5; PIs.' RSUMF 1 5.) 2 STANDARD OF REVIEW [A]lthough summary judgment is no longer an extreme remedy, it is not a substitute for trial. It is, at base, "simply a procedural device for obtaining judicial resolution of those matters that may be decided without fact finding." If facts material to the resolution of the matter have been properly placed in dispute, summary judgment based on those facts is not available except in those instances where the facts properly proffered would be flatly insufficient to support a judgment in favor of the nonmoving party as a matter of law. Arrow Fastener Co. v. Wrabacon, Inc., 2007 ME 34, <[[ 18, 917 A.2d 123, 127 (quoting Curtis v. Porter, 2001 ME 158, <[[ 7, 784 A.2d 18,21-22). DISCUSSION MaineGeneral's motion for summary judgment concerns only MaineGeneral's liability for the alleged negligence of Dr. Aslam. Specifically, MaineGeneral asserts that judgment should be entered in its favor on counts I, II, and IV2 of the plaintiffs' complaint to the extent that the allegations in these counts are based on theories of liability that hold MaineGeneral liable for plaintiffs' injuries because of a relationship between Dr. Aslam and MaineGeneral. 3 (Def. Rep. Mem. at 1.) The allegations in count II of plaintiffs' complaint are premised on the theory of vicarious liability. (Compl. <[[ 30.) Generally, an employer may be vicariously liable for the negligence of its employees, but not for the negligence of independent contractors. Legassie v. Bangor Publ'g Co., 1999 ME 180, <[[ 5, 741 A.2d 442, 444; (citing Bonk v. McPherson, 605 A.2d 74, 78 (Me. 1992) (referring to Restatement (Second) of Torts §§ 409-429 (1965)). The power to control is the most important factor in determining whether an individual is an employee or an independent contractor. See Timberlake v. Plaintiffs' complaint does not include a "count IlL" The allegations in the plaintiffs' complaint are apparently not premised on theories of "negligent supervision" or "corporate liability." (See PIs.' Mem. at 4.); see also Napieralski v. Unity Church of Greater Portland, 2002 ME 108, lJIlJI 6, 10, 802 A.2d 391, 392-93 (declining to recognize tort of negligent supervision); Gafner v. Down East Cmty. Hosp .. 1999 ME 130, lJIlJI 31, 42, 44, 735 A.2d 969, 976, 979-80 (declining to recognize a "corporate liability" cause of action against hospitals and other medical facilities). 2 3 3 Frigon & Frigon, 438 A.2d 1294, 1296 (Me. 1982) (finding "the vital issue in proving an employee-employer relationship is whether or not the employer has the power of control or superintendence over" the other person); see also Taylor v. Kennedy, 1998 ME 234, <J[<J[ 8, 9, 719 A.2d 525, 528; Murray's Case, 130 Me. 181, 186, 154 A. 352, 354 (1931) (listing eight "commonly recognized" tests to be considered in examining whether an employee or independent contractor relationship exists). The right to control the "details of the performance," found in an employment relationship must be distinguished from the right to control the result to be obtained, usually found in independent contractor relationships. See Lewiston Daily Sun v. Hanover Ins. Co., 407 A.2d 288, 292 (Me. 1979). The plaintiffs rely on the undisputed facts that Dr. Aslam was granted privileges to practice medicine at MaineGeneral and that MaineGeneral requires Dr. Aslam to be insured to raise genuine issues of material fact regarding whether an employment relationship existed between Dr. Aslam and MaineGeneral. (PIs.' SAMF <J[<J[ 1, 2.) The fact that a physician has been granted privileges is insufficient to raise such a genuine issue of material fact, particularly in light of the fact that physicians are generally considered independent contractors. See Gainer v. Down East Cmty. Hosp., 1999 ME 130, <J[<J[ 39, 43, 735 A.2d 969, 978-80 (refusing to recognize a claim based on corporate liability partly because "creating a duty on the part of hospitals to control the actions of those physicians who have traditionally been considered independent contractors may shift the nature of the medical care provided by those physicians ff4 ). Further, the fact that MaineGeneral does not insure Dr. Aslam but requires him to maintain insurance The Court in Gafner specifically noted that in refusing to recognize corporate liability for hospitals, the Court did not intend to incorporate "concepts of vicarious liability or other types of direct liability occasioned by a hospital's breach or a previously recognized duty." Gafner. 1999 ME 130, 'IT 31, 735 A.2d at 976. 4 4 supports the independent nature of the hospital-physician arrangement. Finally, the statutory and regulatory provisions relied on by the plaintiffs do not create an obligation on the part of hospitals to exercise control over attending physicians. See 42 c.F.R. 482.12 (2007)5; 24 M.R.S. § 2503 (2007); see also Gafner, 1999 ME 130, en: 39, 735 A.2d at 978-79 (finding that although the Legislature had considered the relationship between hospitals and physicians, citing 24 M.R.S. § 2503, it had "not chosen to place upon hospitals a specific duty to regulate the medical decisions of the physicians practicing within the facility"). With regard to the issue of apparent authority, the Law Court has stated: "[A]pparent" authority is "that which, though not actually granted, the principal knowingly permits the agent to exercise or which he holds him out as possessing." Apparent authority exists only when the "conduct of the principal leads a third person to believe that a given party is his agent." Libby v. Concord Gen. Mut. Ins. Co., 452 A.2d 979, 982 (Me. 1982) (citations omitted); see also Williams v. Inverness Corp., 664 A.2d 1244, 1246 (Me. 1995) (quoting The Restatement (Second) of the Law of Agency § 267 (1958)) ("One who represents that another is his servant or other agent and thereby causes a third person justifiably to rely upon the care and skill of such apparent agent is subject to liability to the third person for harm caused by the lack of care or skill of the one appearing to be a servant or other 5 The Department of Health and Human Services states that this provision was intended to clarify that the hospital has ultimate responsibility for services, whether they are provided directly, such as by its own employees, by leasing, or through arrangement, such as formal contracts, joint ventures, informal agreements, or shared services. Because many contracted services are integral to direct patient care and are important aspects of health and safety, a hospital cannot abdicate its responsibility simply by providing that service through a contract with an outside resource. For purposes of assuring adequate care, the nature of the arrangement between the hospital and the "contractor" is irrelevant. Medicare and Medicaid Programs; Conditions of Participation for Hospitals, 51 Fed. Reg. 22010 (June 17, 1986) (to be codified at 42 C.F.R. pts. 405, 412, 416, 417, 440, 441, 456, 482, and 489). This provision, like 24 M.R.S. § 2503, was in effect at the time Gafner was decided. 5 agent as if he were such."). To the extent the plaintiffs rely on apparent authority6 and assuming for the purpose of argument that the apparent agency doctrine properly extends to the hospital-physician relationship,7 plaintiffs have failed to raise a genuine issue of material fact regarding any conduct by MaineGeneral that led them to believe that Dr. Aslam was MaineGeneral's agent. In fact, plaintiff Donna Delong admits that she selected Dr. Aslam "because he represented himself as 'a competent practitioner in the field of medicine' and not because of any affirmative representations made by MaineGeneral regarding Dr. Aslam's skill, qualifications, or relationship to the hospital." (Def.'s SUMF <]I 14.) The entry is The Defendant MaineGeneral Medical Center's Motion for Summary Judgment is GRANTED as follows: Defendant MaineGeneral Medical Center is not liable for any negligence on the part of Defendant Padiath A. Aslam, M.D. Date: September 25, 2008 ancy Mills Justice, Superior Court KENN-CV-07-85 6 In paragraphs 27 and 30 of their complaint, the plaintiffs allege the existence of an agency relationship between MaineGeneral and its "apparent agents." The plaintiffs do not address this issue in their memorandum and do not respond to MaineGeneral's arguments. 7 The parties have not provided, and this court has not found, a Law Court decision applying this theory to the hospital-physician relationship. 6 DONNA DELONG - PLAINTIFF P . O. BOX 11 0 4 WESTFIELD ME 04787 Attorney for: DONNA DELONG CHRISTIAN C FOSTER - RETAINED 03/16/2007 DANIEL G LILLEY LAW OFFICE 39 PORTLAND PIER PO BOX 4803 PORTLAND ME 04112 SUPERIOR COURT KENNEBEC, ss. Docket No AUGSC-CV-2007-00085 DOCKET RECORD CHARLES DELONG - PLAINTIFF P.O. BOX 1104 WESTFIELD ME 04787 Attorney for: CHARLES DELONG CHRISTIAN C FOSTER - RETAINED 03/16/2007 DANIEL G LILLEY LAW OFFICE 39 PORTLAND PIER PO BOX 4803 PORTLAND ME 04112 vs MAINEGENERAL MEDICAL CENTER - DEFENDANT 149 NORTHERN AVENUE, AUGUSTA ME 04330 Attorney for: MAINEGENERAL MEDICAL CENTER ROBERT NEWTON - RETAINED PRETI FLAHERTY BELIVEAU PACHIOS & HALEY ONE CITY CENTER PO BOX 9546 PORTLAND ME 04112-9546 PADIATH A ASLAM M.D. - DEFENDANT 431 FRANKLIN STREET, RUMFORD ME 04276 Attorney for: PADIATH A ASLAM M.D. MARK LAVOIE - RETAINED NORMAN HANSON & DETROY 415 CONGRESS ST PO BOX 4600 PORTLAND ME 04112 Filing Document: COMPLAINT Filing Date: 03/16/2007 Minor Case Type: MEDICAL MALPRACTICE Docket Events: 03/16/2007 FILING DOCUMENT - COMPLAINT FILED ON 03/16/2007 03/16/2007 Party(s): DONNA DELONG ATTORNEY - RETAINED ENTERED ON 03/16/2007 Plaintiff's Attorney: CHRISTIAN C FOSTER 03/16/2007 Party(s): CHARLES DELONG ATTORNEY - RETAINED ENTERED ON 03/16/2007 Plaintiff's Attorney: CHRISTIAN C FOSTER Page 1 of 7 Printed on: 09/25/2008 AUGSC-CV-2007-00085 DOCKET RECORD 03/16/2007 CERTIFY/NOTIFICATION - CASE FILE NOTICE SENT ON 03/16/2007 Plaintiff's Attorney: CHRISTIAN C FOSTER MAILED TO ATTY. OF RECORD. 03/19/2007 Party(s): MAINEGENERAL MEDICAL CENTER SUMMONS/SERVICE - ACK OF RECEIPT OF SUMM/COMP SERVED ON 03/15/2007 Defendant's Attorney: ROBERT NEWTON 03/19/2007 Party(s): MAINEGENERAL MEDICAL CENTER ATTORNEY - RETAINED ENTERED ON 03/19/2007 Defendant's Attorney: ROBERT NEWTON 03/22/2007 Party(s): MAINEGENERAL MEDICAL CENTER RESPONSIVE PLEADING - ANSWER & AFFIRMATIVE DEFENSE FILED ON 03/22/2007 Defendant's Attorney: ROBERT NEWTON 04/26/2007 Party(s): PADlATH A ASLAM M.D. SUMMONS/SERVICE - ACK OF RECEIPT OF SUMM/COMP SERVED ON 04/15/2007 PADIATH AS LAM , M.D. 05/04/2007 Party(s): PADIATH A ASLAM M.D. RESPONSIVE PLEADING - ANSWER FILED ON 05/04/2007 Defendant's Attorney: MARK LAVOIE 05/04/2007 Party(s): PAD lATH A ASLAM M.D. ATTORNEY - RETAINED ENTERED ON 05/04/2004 Defendant's Attorney: MARK LAVOIE 05/07/2007 ORDER - SCHEDULING ORDER ENTERED ON 05/07/2007 S KIRK STUDSTRUP , JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. PARTIES/COUNSEL COPIES TO 05/07/2007 DISCOVERY FILING - DISCOVERY DEADLINE ENTERED ON 01/07/2008 05/07/2007 ASSIGNMENT - SINGLE JUDGE/JUSTICE ASSIGNED TO JUSTICE ON 05/07/2007 S KIRK STUDSTRUP , JUSTICE 05/10/2007 Party(s): PADIATH A ASLAM M.D. JURY FILING - DEMAND FOR JURY TRIAL FILED ON 05/10/2007 Defendant's Attorney: MARK LAVOIE JURY FEE PAID IN THE AMOUNT OF $300.00 OS/29/2007 Party(s): DONNA DELONG,CHARLES DELONG DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON OS/25/2007 Plaintiff's Attorney: CHRISTIAN C FOSTER PLTFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFT MAINEGENERAL MEDICAL CENTER; PLTFS' FIRST SET OF INTERROGATORIES TO DEFT MAINEGENERAL MEDICAL CENTER, SERVED ON R. NEWTON, ESQ. ON OS/23/07. 06/05/2007 Party(s): DONNA DELONG, CHARLES DELONG DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 06/05/2007 Page 2 of 7 Printed on: 09/25/2008 AUGSC-CV-2007-00085 DOCKET RECORD Plaintiff's Attorney: CHRISTIAN C FOSTER PLTFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFT PADIATH A. AS LAM , M.D.; PLTFS' FIRST SET OF INTERROGATORIES TO DEFT PADIATH A. AS LAM , M.D., SERVED ON M. LAVOIE, ESQ. ON OS/23/07. 06/29/2007 Party(s): PADIATH A ASLAM M.D. DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 06/26/2007 Defendant's Attorney: MARK LAVOIE P. AS LAM , M.D. 'S OBJECTIONS TO PLTF'S FIRST SET OF INTERROGATORIES; P. ASLAM, M.D. 'S OBJECTION AND RESPONSES TO PLTF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS, SERVED ON D. LILLEY, ESQ. ON 06/25/07. 10/11/2007 Party(s): DONNA DELONG,CHARLES DELONG DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 10/10/2007 Plaintiff's Attorney: CHRISTIAN C FOSTER PLT EXPERT DESIGNATION SERVED ON MARK LAVOIE ON OCT 6 2007 10/25/2007 Party(s): MAINEGENERAL MEDICAL CENTER DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 10/25/2007 Defendant's Attorney: ROBERT NEWTON DEFENDANT MAINEGENERAL MEDICAL CENTER'S ANSWERS TO INTERROGATORIES AND MAINEGENERAL MEDICAL CENTER'S RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS SERVED ON CHRISTIAN FOSTER, ESQ. ON 10/23/2007 11/27/2007 Party(s): PADIATH A ASLAM M.D. DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 11/21/2007 Defendant's Attorney: MARK LAVOIE FIRST SET OF INTERROGATORIES PROPOUNDED UPON PLAINTIFF BY DEFENDANT PADIATH AS LAM , M.D. AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED UPON PLAINTIFF BY DEFENDANT PADIATH AS LAM , M.D. SERVED ON DANIEL LILLEY, ESQ. ON 11/20/07. 12/18/2007 ASSIGNMENT - SINGLE JUDGE/JUSTICE ASSIGNED TO JUSTICE ON 12/18/2007 NANCY MILLS , JUSTICE 12/21/2007 Party(s): DONNA DELONG,CHARLES DELONG DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 12/20/2007 Plaintiff's Attorney: CHRISTIAN C FOSTER PLT'S ANSWERS TO FIRST SET OF INTERROGATORIES BY PADIATH AS LAM , MD AND REQUEST FOR PRODUCTION BY PARIAH AS LAM , MD SERVED ON ATTY LAVOIE ON 12/20/07 AND FILED 12/21/07. 01/04/2008 Party(s): DONNA DELONG,CHARLES DELONG DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 12/31/2007 Plaintiff's Attorney: CHRISTIAN C FOSTER PLT'S FIRST REQUEST FOR ADMISSION PROPOUNDED UPON DEF PADlATH ASLAM MD SERVED ON ATTY LAVOIE ON 12/20/07. 01/07/2008 Party(s): PAD lATH A ASLAM M.D. MOTION - MOTION EXTEND DISCOVERY FILED ON 01/04/2008 Defendant's Attorney: MARK LAVOIE DEFT PADIATH AS LAM , MD'S UNOPPOSED MOTION TO EXTEND DISCOVERY DEADLINE 01/15/2008 Party(s): DONNA DELONG,CHARLES DELONG DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 01/14/2008 Page 3 of 7 Printed on: 09/25/2008 AUGSC-CV-2007-00085 DOCKET RECORD Plaintiff's Attorney: CHRISTIAN C FOSTER PLTFS' OBJECTIONS TO THE NOTICE TO TAKE ORAL DEPOSITION OF DR. RANDOLPH REINHOLD, SERVED ON M. LAVOIE, ESQ. ON 01/11/08. 01/16/2008 Party(s): PAD lATH A ASLAM M.D. MOTION - MOTION EXTEND DISCOVERY GRANTED ON 01/15/2008 NANCY MILLS , JUSTICE COpy TO PARTIES/COUNSEL 01/16/2008 DISCOVERY FILING - DISCOVERY DEADLINE ENTERED ON 03/07/2008 01/23/2008 Party(s): DONNA DELONG,CHARLES DELONG DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 01/18/2008 01/28/2008 Party(s): DONNA DELONG,CHARLES DELONG DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 01/15/2008 Plaintiff's Attorney: CHRISTIAN C FOSTER PLT'S SUPPLEMENTAL RESPONSE TO DEF'S REQUEST FOR PRODUCTION SERVED ON ATTY WUESTHOFF ON 1/14/08. 01/28/2008 Party(s): DONNA DELONG,CHARLES DELONG DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 01/28/2008 Plaintiff's Attorney: CHRISTIAN C FOSTER PL'TS OBJECTIONS TO THE NOTICE TO TAKE ORAL DEP OF LAWRENCE COPP SERVED ON ATTY LAVOIE ON 1/25/08. 01/28/2008 party(s): DONNA DELONG DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 01/24/2008 Plaintiff's Attorney: CHRISTIAN C FOSTER PLT'S OBJECTIONS TO THE NOTICE OF TAKE ORAL DEPSOSITION OF DR. RANDOLPH REINHOLD SERVED ON ATTY LAVOIE ON 1/23/08. 02/01/2008 party(s): DONNA DELONG DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 01/31/2008 Plaintiff's Attorney: CHRISTIAN C FOSTER PLT'S OBJECTIONS TO THE NOTICE TO TAKE ORAL DEPO OF VICTORIA GROVER SERVED ON ATTY LAVOIE ON 1/29/08. 02/06/2008 ORDER - CONFERENCE REPORT & ORDER ENTERED ON 02/05/2008 NANCY MILLS , JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. PARTIES/COUNSEL COpy TO 02/12/2008 Party(s): DONNA DELONG,CHARLES DELONG DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 02/12/2008 Plaintiff's Attorney: CHRISTIAN C FOSTER PLT'S ANSWERS TO FIRST SET OF INTERROGATORIES PROPOUNDED BY DEF PADIATH ASLAM MD SERVED ON ATTY LAVOIE ON 2/11/08. 02/12/2008 Party(s): DONNA DELONG,CHARLES DELONG DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 02/12/2008 Plaintiff's Attorney: CHRISTIAN C FOSTER PLT'S SUPPLEMENTAL RESPONSE TO DEEF'S REQUEST FOR PRODUCTIONS SERVED ON ATTY LAVOIE ON Page 4 of 7 Printed on: 09/25/2008 AUGSC-CV-2007-00085 DOCKET RECORD 2/7/08. 02/14/2008 Party(s): DONNA DELONG,CHARLES DELONG DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 02/14/2008 Plaintiff's Attorney: CHRISTIAN C FOSTER PLTF'S SUPPLEMENTAL RESPONSE TO DEFT'S REQUEST FOR PRODUCTION - TAMC X-RAYS, SERVED ON M. LAVOIE, ESQ. ON 02/13/08. 02/25/2008 Party(s): DONNA DELONG,MAINEGENERAL MEDICAL CENTER DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 02/25/2008 Plaintiff's Attorney: CHRISTIAN C FOSTER PL'TS SUPPLEMENTAL RESPONSE TO DEF'S REQUESTS FOR PRODUCTION SERVED ON ATTY LAVOIE AND FILED 2/21/08. 02/26/2008 party(s): MAINEGENERAL MEDICAL CENTER DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 02/21/2008 Defendant's Attorney: ROBERT NEWTON DEFT MAINEGENERAL MED CTR'S DESIGNATION OF EXPERT WITNESS; MAINEGENERAL MED CTR'S RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SERVED ON C. FOSTER, ESQ. ON 02/20/08. 03/07/2008 party(s): PAD lATH A ASLAM M.D. MOTION - MOTION EXTEND DISCOVERY FILED ON 03/06/2008 Defendant's Attorney: NOAH WUESTHOFF DEFT PADIATH AS LAM , M.D. 'S SECOND MOTION TO EXTEND DISCOVERY DEADLINE, W/ EXHIBITS A AND B. PROPOSED ORDER. 03/26/2008 party(s): DONNA DELONG,CHARLES DELONG DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 03/26/2008 Plaintiff's Attorney: CHRISTIAN C FOSTER NOTICE TO TAKE ORAL AND VIDEOTAPED DEPOSITION OF DR SETH KARP 04/02/2008 Party(s): DONNA DELONG,CHARLES DELONG DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 03/31/2008 Plaintiff's Attorney: CHRISTIAN C FOSTER PLT'S SUPPLEMENTAL RESPONSE TO DEF'S REQUEST FOR PRODUCTION SERVED ON ATTY 3/28/08. LAVOIE ON 04/02/2008 Party(s): PAD lATH A ASLAM M.D. MOTION - MOTION EXTEND DISCOVERY GRANTED ON 04/01/2008 NANCY MILLS , JUSTICE COpy TO ATTYS FOSTER, NEWTON, LAVOIE 04/02/2008 DISCOVERY FILING - DISCOVERY DEADLINE ENTERED ON 05/07/2008 04/08/2008 Party(s): DONNA DELONG,CHARLES DELONG DISCOVERY FILING - NOTIFICATION DISCOVERY SERVICE FILED ON 04/04/2008 Plaintiff's Attorney: CHRISTIAN C FOSTER PLT'S OBJECTION TO TAKE ORAL DEPOSITION OF WARREN HOULETTE SERVED ON ATTY 4/3/08. 04/16/2008 party(s): DONNA DELONG,CHARLES DELONG OTHER FILING - OTHER DOCUMENT FILED ON 04/04/2008 Plaintiff's Attorney: CHRISTIAN C FOSTER Page 5 of 7 LAVOIE ON Printed on: 09/25/2008 AUGSC-CV-2007-0008S DOCKET RECORD PLAINTIFF'S OBJECTIONS TO NOTICE TO TAKE ORAL DEPOSITION OF WARREN HOULETTE OS/08/2008 ORDER - FINAL PRETRIAL ORDER ENTERED ON OS/08/2008 NANCY MILLS , JUSTICE ORDERED INCORPORATED BY REFERENCE AT THE SPECIFIC DIRECTION OF THE COURT. FOSTER, NEWTON, LAVOIE COpy TO ATTYS OS/14/2008 TRIAL - TRAILING LIST SCHEDULED FOR OS/08/2008 JUNE 17 TO AUGUST 1 OS/29/2008 Party(s): DONNA DELONG,CHARLES DELONG MOTION - MOTION TO CONTINUE FILED ON OS/22/2008 Plaintiff's Attorney: CHRISTIAN C FOSTER PLTFS' UNOPPOSED MOTION TO CONTINUE TRIAL OS/30/2008 TRIAL - TRAILING LIST CONTINUED ON OS/29/2008 NANCY MILLS , JUSTICE OS/30/2008 Party(s): DONNA DELONG,CHARLES DELONG MOTION - MOTION TO CONTINUE GRANTED ON OS/29/2008 NANCY MILLS , JUSTICE COPIES TO PARTIES/COUNSEL 06/18/2008 Party(s): MAINEGENERAL MEDICAL CENTER MOTION - MOTION SUMMARY JUDGMENT FILED ON 06/16/2008 Defendant's Attorney: ROBERT NEWTON DEFT MAINEGENERAL MED CTR'S MOTION FOR SUMMARY JUDGMENT, STATEMENT OF UNDISPUTED MATERIAL FACTS, PROPOSED ORDER. 06/18/2008 Party(s): MAINEGENERAL MEDICAL CENTER MOTION - MOTION FOR ENLARGEMENT OF TIME FILED ON 06/16/2008 Plaintiff's Attorney: ROBERT NEWTON DEFT MAINEGENERAL MED CTR'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE ITS MOTION FOR SUMMARY JUDGMENT. PROPOSED ORDER. 07/08/2008 Party(s): MAINEGENERAL MEDICAL CENTER MOTION - MOTION FOR ENLARGEMENT OF TIME GRANTED ON 06/18/2008 NANCY MILLS , JUSTICE COPIES TO PARTIES/COUNSEL 07/11/2008 Party(s): DONNA DELONG,CHARLES DELONG OTHER FILING - OPPOSING MEMORANDUM FILED ON 07/02/2008 Plaintiff's Attorney: CHRISTIAN C FOSTER PLTF'S OPPOSITION TO DEFT MAINEGENERAL MED CTR'S MOTION FOR SUMMARY JUDGMENT 07/11/2008 Party(s): DONNA DELONG,CHARLES DELONG OTHER FILING - REPLY MEMORANDUM FILED ON 07/02/2008 Plaintiff's Attorney: CHRISTIAN C FOSTER PLTF'S RESPONSE TO DEFT MAINEGENERAL'S STATEMENT OF UNDISPUTED MATERIAL FACTS AND STATEMENT OF ADDITIONAL MATERIAL FACTS 07/11/2008 OTHER FILING - TRANSCRIPT FILED ON 07/02/2008 DEPOSITION OF WILLIAM DANIEL ROBERTS, 12/01/04 Page 6 of 7 Printed on: 09/2S/2008 AUGSC-CV-2007-00085 DOCKET RECORD 07/11/2008 OTHER FILING TRANSCRIPT FILED ON 07/02/2008 DEPOSITION OF PADIATH A. AS LAM , M.D., 05/04/04 07/11/2008 OTHER FILING TRANSCRIPT FILED ON 07/02/2008 DEPOSITION OF RANDOLPH REINHHOLD, M.D., 02/22/08 07/15/2008 Party(s): MAINEGENERAL MEDICAL CENTER OTHER FILING - REPLY MEMORANDUM FILED ON 07/08/2008 Plaintiff's Attorney: ROBERT NEWTON DEFT MAINEGENERAL'S REPLY TO PLTF'S ADDITIONAL STATEMENTS OF MATERIAL FACT 07/15/2008 Party(s): MAINEGENERAL MEDICAL CENTER OTHER FILING - OPPOSING MEMORANDUM FILED ON 07/08/2008 Defendant's Attorney: ROBERT NEWTON DEFT MAINEGENERAL'S REPLY TO PLTF'S OPPOSITION TO MAINEGENERAL'S MOTION FOR SUMMARY JUDGMENT 09/10/2008 TRIAL - TRAILING LIST SCHEDULED FOR 09/09/2008 OCT 8 TO NOV 26 09/16/2008 Party(s): MAINEGENERAL MEDICAL CENTER,PADIATH A ASLAM M.D. MOTION - MOTION FOR SPECIAL ASSIGNMENT FILED ON 09/15/2008 Defendant's Attorney: NOAH WUESTHOFF JOINT MOTION FOR SPECIAL ASSIGNMENT, NOTICE OF HEARING 09/25/2008 Party(s): MAINEGENERAL MEDICAL CENTER MOTION - MOTION SUMMARY JUDGMENT GRANTED ON 09/25/2008 NANCY MILLS, JUSTICE THE DEFENDANT MAINEGENERAL MEDICAL CENTER'S MOTION FOR SUMMARY JUDGMENT IS GRANTED AS FOLLOWS: DEFENDANT MAINEGENERAL MEDICAL CENTER IS NOT LIABLE FOR ANY NEGLIGENCE ON THE PART OF DEFENDANT PADIATH A. AS LAM , M.D. COpy TO ATTYS FOSTER, LILLEY, NEWTON, AND LAVOIE. COPY W/ DOCKET RECORD TO GARBRECHT LAW LIBRARY, DEBORAH FIRESTONE, AND DONALD GOSS. A TRUE COPY ATTEST: Clerk Page 7 of 7 Printed on: 09/25/2008

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