Vol. LVII Allentown, PA Friday, February 24, 2017 No. 35

76 Pages·2017·8.4 MB·English

Vol. LVII Allentown, PA Friday, February 24, 2017 No. 35
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THE COURT
The Hon. Edward D. Reibman, President Judge
The Hon. Carol K. McGinley, Judge
The Hon. Robert L. Steinberg, Judge
The Hon. J. Brian Johnson, Judge
The Hon. Kelly L. Banach, Judge
The Hon. James T. Anthony, Judge
The Hon. Maria L. Dantos, Judge
The Hon. Michele A. Varricchio, Judge
The Hon. Douglas G. Reichley, Judge
The Hon. Daniel K. McCarthy, Judge
LEHIGH LAW JOURNAL
(USPS 309560)
Owned and Published by
THE BAR ASSOCIATION OF LEHIGH COUNTY
1114 Walnut Street, Allentown, PA 18102
www.lehighbar.org
MICHELLE M. FORSELL, President
SARAH M. MURRAY, President-Elect
JAMES J. KOZUCH, Vice President
ROBERT P. DADAY, Secretary
BUDDY M. LESAVOY, Treasurer
SUSAN G. MAURER, Historian
THOMAS F. TRAUD, JR., Law Journal Committee
RAY BRIDGEMAN, Executive Director
GRAIG M. SCHULTZ, Case Editor
Copyright © 2017 Bar Association of Lehigh County
The Lehigh Law Journal is published every Friday. All legal notices must be
submitted in typewritten form and are published exactly as submitted by the
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sibility to edit, make spelling corrections, eliminate errors in grammar or make
any changes in content.
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Legal notices must be received at 1114 W. Walnut St., Allentown, PA 18102,
before 4 p.m. the preceding Monday. Telephone [phone]. Advance
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Bar As sociation of Lehigh County includes year’s subscription to Lehigh Law
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Periodical postage paid at Allentown, PA 18102 and
at additional mailing offices.
POSTMASTER: Send address changes to The Lehigh Law
Journal, 1114 W. Walnut St., Allentown, PA 18102.
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ATTORNEY DISCIPLINARY / ETHICS MATTERS
Representation, consultation and expert testimony in disciplinary
matters and matters involving ethical issues, bar admissions
and the Rules of Professional Conduct
James C. Schwartzman, Esq.
Vice Chairman, Judicial Conduct Board of Pennsylvania • Former Chairman,
Disciplinary Board of the Supreme Court of PA • Former Chairman, Continuing
Legal Education Board of the Supreme Court of PA • Former Chairman,
Supreme Court of PA Interest on Lawyers Trust Account Board • Former
Federal Prosecutor • Named by his peers as Best Lawyers in America 2015
Philadelphia Ethics and Professional Responsibility Law “Lawyer of the Year”
1818 Market Street, 29th Floor, Philadelphia, PA 19103
[phone]
The Law Firm of Saltzman & Gordon, LLC
is moving to a new location as of Monday, February 27, 2017
The new address is:
1611 Pond Road
Suite 230
Allentown, PA 18104
**Telephone and Fax Numbers will not be changing**
Telephone: [phone] Fax: [phone]
2-24
The BALC Facebook page is
updated regularly with meeting reminders and event
notices, and includes photo albums, discussion
boards, links, and much more. “Like” us at
www.facebook.com/BarAssociationLehighCounty
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ATToRney—BiLinGuAL (SPAniSh)
Domestic Violence Service Center, Wilkes-Barre, PA,
$40,000 / year, full-time.
Provide legal information, consultation, and representation
to victims of domestic violence who are program participants
of Domestic Violence Service Center (DVSC). Job duties will
include legal representation/emergency justice-related as-
sistance of program participants related to actions directly
connected to family violence cases that are taken to ensure
the health and safety of the domestic violence victim, includ-
ing petitioning/filing Emergency Protection From Abuse
orders, injunctions, elder abuse petitions, child abuse peti-
tions, other petitions/protective orders, and emergency cus-
tody/visitation. Local travel required. Must have Act 33/34
Clearances and have current PA Attorney License. Candidate
must be bilingual in Spanish. DVSC offers an excellent com-
pensation and benefits package. Equal Opportunity Em-
ployer. Contact: Amy Belcher, Human Resources, abelcher@
dvsclc.org or [phone].
2-17, 24; 3-3, 10
——————
LeGAL ASSiSTAnT/PARALeGAL
Bethlehem-based law firm is seeking a full-time or part-
time estate planning and estate administration assistant/
paralegal with a minimum of 5 years’ experience in the
preparation of Wills and Trusts, accounting, bookkeeping,
word processing and real estate. Familiarity with the Lackner
software package is preferred. Resumes with a cover letter
should be sent by regular mail to Littner, Deschler & Littner,
512 N. New Street, Bethlehem, PA 18018, by fax to (610)
865-6433 or electronically to [email protected].
2-17, 24; 3-3
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358 Davis vs. Bykov et al.
BARBARA A. DAVIS, PLAIntIff vs. YURY L. BYKOV,
IncORRectLY IDentIfIeD AS YURY I. BYKOV, M.D.,
VSAS ORtHOPAeDIcS, P.c. f/k/a VALLeY SPORtS &
ARtHRItIS SURGeOnS, P.c., DefenDAntS
Medical Malpractice—Motion for Post-Trial Relief—Request for
a New Trial—Prejudice—Expert Testimony—Standard of Care.
the Plaintiff argued that she was entitled to a new trial because the court permitted
Dr. Bykov to testify as to a subjective standard of care; specifically, that he used his educa-
tion, training and experience to care for the Plaintiff to the best of his ability. the court
denied the Plaintiff ’s request for a new trial, and held that Dr. Bykov’s testimony was rel-
evant and admissible to show that he had the same knowledge and skill as other orthopedic
trauma surgeons, and that he used the same care as other orthopedic trauma surgeons. the
court also held that Dr. Bykov’s testimony did not cause a potential for jury confusion
because the court’s charge to the jury instructed them as to the objective standard of care
that the jury was sworn to apply to the facts of the case.
In the court of common Pleas of Lehigh county, Pennsyl-
vania—civil Division—Law. no. 2013-c-3960. Barbara A. Davis,
Plaintiff vs. Yury L. Bykov, Incorrectly Identified As Yury I. Bykov,
M.D., VSAS Orthopaedics, P.c. f/k/a Valley Sports & Arthritis
Surgeons, P.c., Defendants.
Derek r. Layser, esquire, on behalf of the Plaintiff.
kyLe N. ThompsoN, esquire, on behalf of the Defendants.
mcGiNLey, J., January 31, 2017. Plaintiff Barbara A. Davis
(Plaintiff ) filed this medical malpractice action asserting that De-
fendants Yury L. Bykov, M.D., and VSAS Orthopaedics, P.c.
(Defendants) failed to meet the standard of care in treating Plain-
tiff ’s tibia-fibula fracture. A jury trial commenced on September
27, 2016; on September 29, 2016, the twelve-member jury returned
a verdict in favor of Defendants. Plaintiff filed a motion for post-
trial relief on October 7, 2016. Defendants filed a response, the
parties briefed the issues, and argument was held on January 6,
2017.
the relevant facts are as follows:
fActS
On December 23, 2011, Plaintiff broke her leg while dis-
mounting a horse. She was seen by Defendant Yury L. Bykov, M.D.
(Dr. Bykov) in the emergency department of Lehigh Valley Hos-
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Davis vs. Bykov et al. 359
pital. Plaintiff had soft tissue injury as well as a fractured tibia and
fibula that required immediate surgery. Dr. Bykov surgically in-
serted an intramedullary rod inside the Plaintiff ’s tibia bone to
stabilize the fracture. notes of testimony (n.t.), September 27,
2016, pp. 74-76.
Plaintiff was discharged on December 26, 2011. At the time
of discharge, Plaintiff ’s leg was casted and she was non-weight
bearing. On January 5, 2012, Plaintiff had her first follow-up visit
with Dr. Bykov. At that first visit, x-rays were taken and Plaintiff
was assured that her leg was healing well and appeared to have
good alignment. Plaintiff was placed in a fracture boot to immobi-
lize her leg. Plaintiff remained non-weight bearing following the
January 5, 2012 visit. Id. at 77.
Plaintiff ’s next visit with Dr. Bykov was on January 26, 2012.
Plaintiff was experiencing drainage from her leg and scheduled an
appointment because she was concerned about a possible infection.
X-rays were taken and reviewed which revealed that the rod was
no longer holding the fracture in place. As a result, additional
surgery was necessary to remove the rod which had displaced
through the front of the bone. Id. at 27-28, 78-80.
Surgery to remove the rod was conducted the next day on
January 27, 2012. Plaintiff remained in the hospital for several days.
She was placed in external fixation with pins sticking out of the
front of her leg and the sides of both of her feet. Plaintiff was placed
in a wound VAc, a type of pressure dressing, to help heal her skin.
Plaintiff was diagnosed with a staph infection while in the hospital
and placed on IV antibiotics. Plaintiff had a PIcc line inserted in
order to receive IV antibiotics at home. Plaintiff had the PIcc line
for approximately six weeks. In addition, Plaintiff was placed on
blood thinners to minimize the risk of blood clots. Id. at 29-33.
Plaintiff ’s stitches were removed on february 9, 2012. On
March 6, 2012, the external fixator was surgically removed. Plain-
tiff was again placed in a cast. Id. at 33-34.
On March 20, 2012, Plaintiff had a follow-up visit and was
told she could begin to bear weight with the cast as tolerated. On
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360 Davis vs. Bykov et al.
March 29, 2012, Plaintiff had a visit with Dr. Bykov and was put
in a fracture boot and was permitted to weight bear and mobilize.
Id. at 84-85.
Plaintiff met with Dr. Bykov on April 26, 2012; Plaintiff con-
tinued to experience pain and there was a bump on her lower leg.
Dr. Bykov ordered a cAt scan in May of 2012, to determine if
another surgery would be necessary. Id. at 87. the cAt scan report
stated that there was no healing at the fracture site, meaning the
bone didn’t heal. Plaintiff did not see Dr. Bykov from May 2012
through november 2012. from May 2012 through September
2013, Plaintiff was able to walk with a limp without the help of any
device. Id. at 89-90.
After Plaintiff received the May 2012 cAt scan results, she
scheduled an appointment at the Rothman Institute in Philadel-
phia, Pennsylvania. She saw Dr. Pedowitz who referred her to Dr.
Raikin. Plaintiff saw Dr. Raikin in July of 2012; as a result of that
appointment, Plaintiff believed additional surgery was necessary
but not urgent. She continued to have pain and swelling in her leg,
and the bump remained the same from May of 2012 to when she
returned to Dr. Raikin on August 19, 2013, to schedule additional
surgery. Id. at 40-45.
Dr. Raikin performed surgery on September 24, 2013, at
Jefferson University Hospital. After that surgery, Plaintiff was
placed in a taylor Spatial frame, a double halo external fixation
device. Id. at 45-47.
In January of 2014, Plaintiff experienced pain and swelling
and had an emergency visit with Dr. Raikin. She was taken to the
same-day surgery center to have infected pins removed to prevent
infection to the bone; different pins were placed in the leg. Plain-
tiff was not permitted to return to work until the frame was removed
because of the risk of infection. Id. at 63.
from January 2014 through June 2014, Plaintiff began seeing
improvement with the alignment of her foot. She remained on
antibiotics and her infection began to clear. the taylor Spatial
frame was removed on June 3, 2014. After the halo was removed,
Plaintiff ’s foot was placed into a cast for approximately one month.
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