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SUPERIOR COURT OF THE STATE OF DELAWARE
RICHARD R. COOCH RESIDENT JUDGE NEW CASTLE COUNTY COURTHOUSE 500 North King Street, Suite 10400 Wilmington, Delaware 19801-3733 (302) 255-0664

Richard A. Zappa, Esquire Young Conaway Stargatt & Taylor LLP 1000 West Street, 17th Floor P.O. Box 391 Wilmington, Delaware 19899 Attorney for Plaintiff John A. Elzufon, Esquire Diane M. Andrews, Esquire Elzufon Austin Reardon Tarlov & Mondell, P.A. 300 Delaware Avenue, Suite 1700 P.O. Box 1630 Wilmington, Delaware 19899 Attorneys for Defendants Mary Ann Connor and Van Buren Medical Associates, P.A.

Dennis D. Ferri, Esquire Morris James Hitchens & Williams 222 Delaware Avenue, 10th Floor P.O. Box 2306 Wilmington, Delaware 19899 Attorney for Defendants Christiana Care Health Services, Inc. And Christiana Care Health Systems, Inc.

Submitted: April 25, 2006 Decided: May 18, 2006 Re: Irene Harris v. Christiana Care Health Services, Inc., et al. C.A. No. 06C-02-047 RRC (Consolidated case with 05C-06-101 RRC) Defendants Mary Ann Connor=s and Van Buren Medical Associates, P.A.=s On AMotion to Determine if Affidavit of Merit Complies with [18 Del. C. '6853(a)(i)(c)@ of Defendants Mary Ann Connor and Van Buren Medical Associates, P.A. Affidavit reviewed. Dear Counsel: 1. There are three Affidavits of Merit submitted by Plaintiffs in connection

with Plaintiffs= claims against Mary Ann Connor and Van Buren Medical Associates, P.A. 2. Two of the affidavits (submitted by board certified family practice physicians) comply with 18 Del. C. '6853. However, the Court has not considered, for purposes of this motion, the third affidavit (submitted by a board certified neurosurgeon) as it appears unnecessary for the Court to Rule upon that affidavit, given the Court=s conclusions with respect to the first two affidavits that they comply with the statute. 3. The Court also observes that no allegations of health care negligence have been specifically made against Van Buren Medical Associates, P.A. presumably because of Van Buren=s admitted potential liability under principles of respondent superior as evidenced in paragraph 5 of the Answer of Defendants Mary Ann Connor and Van Buren Medical Associates, P.A. to the Plaintiffs= Amended Complaint. 4. However, the Court further notes that none of the Affidavits of Merit address the allegation raised for the first time in Paragraph 21(e) of Plaintiffs= Amended Complaint that Defendant negligently Aordered medications for Mr. Harris which caused him to fall in his room on February 6, 2004.@ Very truly yours,

RRC/mtc cc: Prothonotary



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