MUNSIF v. JEFFERSON UNIVERSITY PHYSICIANS et al

Filing 14

MEMORANDUM AND ORDER THAT DEFENDANTS THOMAS JEFFERSON UNIVERSITY HOSPITAL, INC., AND JEFFERSON UNIVERSITY PHYSICIANS' JOINT MOTIONS TO DISMISS PLAINTIFF'S COMPLAINT (DOC.#8 IN CIVIL NO. 15-5649; DOC.#5 IN CIVIL NO. 15-6190) ARE GRANTED AS F OLLOWS: MUNSIF'S CLAIMS FOR LACK OF INFORMED CONSENT (COUNT I OF BOTH COMPLAINTS) AND HIS CLAIMS FOR AGENCY AND VICARIOUS LIABILITY (COUNTS III AND IV OF BOTH COMPLAINTS), INSOFAR AS THOSE CLAIMS ARE BASED ON UNDERLYING INFORMED CONSENT VIOLATIO NS, ARE DISMISSED WITH PREJUDICE AS TO BOTH THOMAS JEFFFERSON UNIVERSITY HOSPITAL, INC., AND JEFFERSON UNIVERSITY PHYSICIANS; MUNSIF'S CLAIMS FOR LOSS OF CONSORTIUM (COUNT V OF BOTH COMPLAINTS) ARE DISMISSED WITH PREJUDICE AS TO ALL DEFENDANTS; AND ANY CLAIMS BASED ON ALLEGATIONS TO ATTEMPTED MURDER, CONSPIRACY TO CREATE HARM TO MUNSIF, AND VIOLATIONS OF TITLE 15 OF THE UNITED STATES CODE AND "FRAUD STATUTES" ARE DISMISSED WITH PREJUDICE AS TO ALL DEFENDANTS. IT IS FURTHER ORDERED THAT MUNSIF'S REQUEST FOR AN EXTENSION OF TIME TO FILE CERTIFICATES OF MERIT IS GRANTED IN PART. MUNSIF SHALL HAVE UNTIL 9/1/16, TO SUBMIT CERTIFICATES OF MERIT IN SUPPORT OF HIS REMAINING CLAIMS - HIS INFORMED CONSENT CLAIMS AGAINST THE JOHN D OE DEFENDANTS AND HIS CLAIMS BASED ON PROFESSIONAL NEGLIGENCE - AS REQUIRED BY PENNSYLVANIA RULE OF CIVIL PROCEDURE 1042.3. THE COURT RESERVES RULING ON THE BALANCE OF THE ABOVE-REFERENCED MOTIONS TO DISMISS AND ON DEFENDANTS' MOTION TO DISMISS FOR FAILURE TO FILE CERTIFICATES OF MERIT, WHICH WILL BE TREATED AS A MOTION FOR SUMMARY JUDGMENT, PENDING RECEIPT OF MUNSIF'S SUBMISSION. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 8/2/16. 8/3/16 ENTERED & E-MAILED. COPY MAILED TO MUNSIF. (fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ANAND MUNSIF
v.
JEFFERSON HOSPITAL, et al.

ANAND N. MUNSIF
v.
JEFFERSON UNIVERSITY PHYSICIANS,
et al.

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CIVIL ACTION
No. 15-5649

CIVIL ACTION
No. 15-6190

ORDER
AND NOW, this 2nd day of August, 2016, for the reasons set forth in the accompanying
Memorandum, it is ORDERED Defendants Thomas Jefferson University Hospital, Inc., and
Jefferson University Physicians’ joint Motions to Dismiss Plaintiff’s Complaint (Document 8 in
Civil No. 15-5649; Document 5 in Civil No. 15-6190) are GRANTED in part as follows:
•

Munsif’s claims for lack of informed consent (Count I of both Complaints) and his
claims for agency and vicarious liability (Counts III and IV of both Complaints),
insofar as those claims are based on underlying informed consent violations, are
DISMISSED WITH PREJUDICE as to both Thomas Jefferson University Hospital,
Inc., and Jefferson University Physicians;

•

Munsif’s claims for loss of consortium (Count V of both Complaints) are
DISMISSED WITH PREJUDICE as to all Defendants; and

•

Any claims based on allegations of attempted murder, conspiracy to create harm to
Munsif, and violations of Title 15 of the United States Code and “fraud statutes” are
DISMISSED WITH PREJUDICE as to all Defendants.

It is further ORDERED Munsif’s request for an extension of time to file certificates of
merit is GRANTED in part. Munsif shall have until September 1, 2016, to submit certificates of
merit in support of his remaining claims—his informed consent claims against the John Doe
Defendants and his claims based on professional negligence—as required by Pennsylvania Rule
of Civil Procedure 1042.3. The Court reserves ruling on the balance of the above-referenced
Motions to Dismiss and on Defendants’ Motion to Dismiss for failure to file certificates of merit,
which will be treated as a motion for summary judgment, pending receipt of Munsif’s
submission.

BY THE COURT:

/s/ Juan R. Sánchez
Juan R. Sánchez, J.

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