Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:07-cv-00063-SLR

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IN UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE DANIEL MALDONADO, Plaintiff, v. FIRST CORRECTIONAL MEDICAL, INC., CORRECTIONAL MEDICAL SERVICES, DR. JOSE A. ARAMBURO, JR., M.D., DR. SITTA GOMBEH-ALI, M.D., COMMISSIONER STANLEY TAYLOR, JOYCE TALLEY, BUREAU CHIEF, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

C.A. No. 07-63

JURY OF 12 DEMANDED

JOSE ARAMBURO, M.D.'S ANSWER TO COMPLAINT Defendant Jose Aramburo, 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. Denied. First Correctional Medical Delaware, LLC, was the healthcare provider for

the Delaware Department of Correction from July 1, 2002 through June 30, 2005. 4. Answering defendant is without sufficient information to admit or deny the

allegations contained in this paragraph. 5. Denied. By way of further answer, admitted that Jose Aramburo, Jr., M.D., was a

licensed physician in the State of Delaware who was employed by First Correctional Medical Delaware, LLC.

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6.

Answering defendant is without sufficient information to admit or deny the

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

allegations against Stanley Taylor in this paragraph. Denied that First Correctional Medical Delaware, LLC, was the alter ego for defendant First Correctional Medical, Inc. 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. Answering defendant is without sufficient information to admit or deny the

allegations contained in this paragraph. 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.

Answering defendant is without sufficient information to admit or deny the

allegations contained in this paragraph. 29. Answering defendant is without sufficient information to admit or deny the

allegations contained in this paragraph. 30. Answering defendant is without sufficient information to admit or deny the

allegations contained in this paragraph. Count I 31. Answering defendant is without sufficient information to admit or deny the

allegations contained in this paragraph.
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32.

[23] Answering defendant is without sufficient information to admit or deny the

allegations contained in this paragraph. 33. [24] Answering defendant is without sufficient information to admit or deny the

allegations contained in this paragraph. 34. [25] Answering defendant is without sufficient information to admit or deny the

allegations contained in this paragraph. 35. [26] Answering defendant is without sufficient information to admit or deny the

allegations contained in this paragraph. 36. [27] Answering defendant is without sufficient information to admit or deny the

allegations contained in this paragraph. 37. [28] Denied.

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Plaintiff inadvertently misnumbered the following paragraphs 23-30.

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Count II 38. 39. [29] Denied. [30] Denied as stated. AFFIRMATIVE DEFENSES 1. may recover. 2. Plaintiff fails to state a claim against answering defendant upon which plaintiff may 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. 6. insufficient. 7. be dismissed. 8. The matter is in whole, or in part, time barred under the appropriate statute of This Court lacks personal jurisdiction over the defendant and the Complaint should The Complaint should be dismissed as service of process was improper or

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

18 Del. C. § 6853.

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WHEREFORE, the 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.

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 DANIEL MALDONADO, Plaintiff, v. FIRST CORRECTIONAL MEDICAL, INC., CORRECTIONAL MEDICAL SERVICES, DR. JOSE A. ARAMBURO, JR., M.D., DR. SITTA GOMBEH-ALI, M.D., COMMISSIONER STANLEY TAYLOR, JOYCE TALLEY, BUREAU CHIEF, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

C.A. No. 07-63

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 Defendants First Correctional Medical and Dale Rogers, M.D. Dated: April 5, 2007