Attorneys for the Hospital of the University of Pennsylvania have filed their response to the lawsuit against HUP and several of its doctors filed by the family of College sophomore Anne Ryan. The response motions for the dismissal or modification of several of the lawsuit's claims.
Jed Ryan, the brother of Anne Ryan - who died from meningitis at HUP on Sept. 9 - filed the lawsuit last month. The suit argues that the seven HUP doctors who treated Anne Ryan at different times were negligent in their treatment and diagnoses.
The response largely focuses on legal principles and does not address the lawsuit's allegations about the nature of Ryan's treatment.
Ryan first visited HUP on Sept. 6, exhibiting meningitis-like symptoms, but was discharged with antibiotics after undergoing various tests, including a spinal tap. She returned on Sept. 8 and received a second spinal tap, even though a CT scan performed that day had revealed brain swelling. The lawsuit alleges the spinal tap was an unnecessarily risky procedure that caused her brain to herniate.
HUP's response motions to drop the lawsuit's claim for punitive damages, which are damages awarded above the actual suffering and are meant to deter similar actions in the future. For the Ryan family to be awarded punitive damages, the doctors involved in the case would have needed to show "a reckless indifference to the rights of others," the defendants' response argues.
According to the response, the defendants did not exhibit this "recklessness" and thus should not be charged with punitive damages.
The response also calls for a redefinition of the negligence charges against the defendants. All seven doctors were charged with identical acts of negligence, though each physician was involved in a different part of Ryan's treatment.
In addition, the response motions to dismiss the corporate negligence claim against HUP, arguing that, since the hospital was not aware of the situation as it unfolded, it should not be included in the lawsuit.
The lawsuit also charges that HUP's risk-management team was involved in the case before Ryan's death, indicating that the doctors knew "gross negligence was apparent." In the response, defense lawyers say this allegation is "unfounded" and "irrelevant to the plaintiff's legal claims."
Thomas Kline, the Ryan family's attorney, declined to comment on the defense's response. Richard Margulies, one of HUP's lawyers, also declined to discuss the case further, and James Young, another HUP attorney, did not return a phone call for comment.
No hearings have been scheduled in the case.
The Daily Pennsylvanian is an independent, student-run newspaper. Please consider making a donation to support the coverage that shapes the University. Your generosity ensures a future of strong journalism at Penn.
DonatePlease note All comments are eligible for publication in The Daily Pennsylvanian.