Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:07-cv-00062-GMS

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IN UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE ESTATE OF RONALD TROTMAN, ) CHARLOTTE A. WAITE, and ROLANDA ) TROTMAN, ) ) Plaintiffs, ) ) v. ) ) FIRST CORRECTIONAL MEDICAL, ) INC., DR. JOSE A. ARAMBURO, ) JR., M.D., DR. SITTA GOMBEH-ALI, ) M.D., COMMISSIONER STANLEY ) TAYLOR, JOYCE TALLEY, BUREAU ) CHIEF, ) ) Defendants. )

C.A. No. 07-62

JURY OF 12 DEMANDED

JOSE ARAMBURO, M.D.'S ANSWER TO COMPLAINT The defendant Jose Aramburo, Jr., M.D., by and through his attorney, answers the Complaint as follows: 1. 2. This is a legal contention for which no response is required. Answering defendant is without sufficient information to admit or deny the

allegations of this paragraph. 3. Answering defendant is without sufficient information to admit or deny the

allegations of this paragraph. 4. Denied. By way of further answer, First Correctional Medical Delaware, LLC,

provided healthcare to the Delaware Department of Correction from July 1, 2002 through June 30, 2005. 5. Denied as stated. Admitted that Jose Aramburo, Jr., M.D., was a physician licensed

to practice medicine in the State of Delaware and employed by First Correctional Medical Delaware,

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LLC. Admitted that Jose Aramburo, Jr., M.D., provided medical care to the decedent. 6. Answering defendant is without sufficient information to affirm or deny the

allegations contained in this paragraph 7. Answering defendant is without sufficient information to admit or deny the

allegations contained in this paragraph 8. Answering defendant is without sufficient information to admit or deny the

allegations contained in this paragraph. 9. Answering defendant is without sufficient information to admit or deny the

allegations contained in this paragraph. 10. Answering defendant is without sufficient information to admit or deny the

allegations contained in this paragraph. 11. Answering defendant is without sufficient information to admit or deny the

allegations contained in this paragraph. 12. Answering defendant is without sufficient information to admit or deny the

allegations contained in this paragraph. 13. Answering defendant is without sufficient information to admit or deny the

allegations contained in this paragraph. 14. Answering defendant is without sufficient information to admit or deny the

allegations contained in this paragraph. 15. Answering defendant is without sufficient information to admit or deny the

allegations contained in this paragraph. 16. Answering defendant is without sufficient information to admit or deny the

allegations contained in this paragraph.

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17.

Answering defendant is without sufficient information to admit or deny the

allegations contained in this paragraph. 18. Answering defendant is without sufficient information to admit or deny the

allegations contained in this paragraph. 19. Answering defendant is without sufficient information to admit or deny the

allegations contained in this paragraph. 20. Answering defendant is without sufficient information to admit or deny the

allegations contained in this paragraph. 21. Denied. By way of further answer, admitted that pseudoephedrine was ordered for

decedent on December 20, 2004, and that amoxil was ordered for decedent on January 31, 2005. Count I 22. Answering defendant is without sufficient information to admit or deny the

allegations contained in this paragraph. 23. Answering defendant is without sufficient information to admit or deny the

allegations contained in this paragraph. 24. Answering defendant is without sufficient information to admit or deny the

allegations contained in this paragraph. 25. Answering defendant is without sufficient information to admit or deny the

allegations contained in this paragraph. 26. Answering defendant is without sufficient information to admit or deny the

allegations contained in this paragraph. 27. Answering defendant is without sufficient information to admit or deny the

allegations contained in this paragraph.

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28.

Denied. Count II

29. 30.

Denied. Denied. Count III

31. 32.

Denied. Denied.

WHEREFORE, defendant Jose Aramburo, Jr., M.D., requests that this Court grant judgment for all that is just and proper to include dismissal of this suit, with plaintiff to pay all costs including attorney's fees pursuant to 42 U.S.C. § 1988. AFFIRMATIVE DEFENSES 1. may recover. 2. Plaintiff fails to state a claim against answering defendant upon which plaintiff The Complaint fails to state a claim against answering defendant upon which plaintiff

recover with respect to all civil rights claims as answering defendant was not deliberately indifferent to a serious medical condition. 3. Answering defendant provided plaintiff with medical care that was appropriate for

his condition and which met the applicable standards of care. 4. recover. 5. The Complaint should be dismissed in whole, or in part, as plaintiff failed to properly The Complaint fails to state a claim for punitive damages upon which plaintiff may

exhaust his administrative remedies.

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6. insufficient. 7. be dismissed. 8.

The Complaint should be dismissed as service of process was improper or

This Court lacks personal jurisdiction over the defendant and the Complaint should

The matter is in whole, or in part, time barred under the appropriate statute of

limitation or reposed by some administrative time requirement. 9. Plaintiff failed to state a medical negligence claim in compliance with Delaware Law

18 Del. C. § 6853.

McCULLOUGH & McKENTY, P.A.

/s/ Dana Spring Monzo Dana Spring Monzo 1225 N. King Street, Suite 1100 P.O. Box 397 Wilmington, DE 19899-0397 (302) 655-6749 Attorney for Defendant Jose Aramburo, Jr., M.D. Dated: April 5, 2007

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UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE ESTATE OF RONALD TROTMAN, ) CHARLOTTE A. WAITE, and ROLANDA ) TROTMAN, ) ) Plaintiffs, ) ) v. ) ) FIRST CORRECTIONAL MEDICAL, ) INC., DR. JOSE A. ARAMBURO, ) JR., M.D., DR. SITTA GOMBEH-ALI, ) M.D., COMMISSIONER STANLEY ) TAYLOR, JOYCE TALLEY, BUREAU ) CHIEF, ) ) Defendants. )

C.A. No. 07-62

JURY OF 12 DEMANDED

CERTIFICATE OF SERVICE I, DANA SPRING MONZO, hereby certify that this date attached Answer was served to the following: Jeffrey K. Bartels, Esquire. 401 South Maryland Avenue Wilmington, DE 19804 Kenneth W. Richmond, Esq. 2019 Walnut Street Philadelphia, PA 19103 Marc Niedzielski, Esquire Department of Justice Carvel State Office Building 820 N. French St. Wilmington, DE 19801

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McCULLOUGH & McKENTY, P.A. /s/ Dana Spring Monzo Dana Spring Monzo 1225 N. King Street, Suite 1100 P.O. Box 397 Wilmington, DE 19899-0397 (302) 655-6749 Attorney for Defendant Jose Aramburo, Jr., M.D. Dated: April 5, 2007