IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

WALTER J. BOUGHMAN, SR., )

Individually and as Personal )

Representative of THE ESTATE OF )

MARY A. BOUGHMAN, )

)

Plaintiff s

, )

)

v. ) C.A. No. N20C

- 02

- 184 JRJ

)

BROADMEADOW INVESTMENT, )

LLC d/b/a CADIA REHABILITATION )

BROADMEADOW, et al. )

)

Defendant s

. )

ORDER

Submitted: May 20 , 2020

Decided: June 29 , 2020

C orrected: June 30, 2020

Upon Defendants ’ Motion to Determine Whether the Affidavit of Merit Complies

with 18 Del. C. § 6853 (a)(1 ) and (c) 1

1. This Motion arises from a medical malpractice suit filed by Plaintiffs

Walter J. Boughman, Sr. , individually and on behalf of the Estate of Mary A.

Boughman (collectively, “Plaintiffs”) again st Defendants Broadmeadow

Investment, LLC d/b/a Cadia Rehabilitation Broadmeadow, Long Term Care Corp.,

Ron Scha fer, LLC, Schafer Family, LLC, Ronald E. Schafer, Eric Schafer, Lauren

Schafer, Jo nathan Silver, Stephen Silver, Silver Holdings, LLC, Steve Silver, LLC,

1 This version of the Court ’ s June 29, 2020 Order corrects the title of the Order.2

Ronald E. Schafer, Irrevocable T rust for the benefit of Eric Robert Schafer, Ronald

E. Schafer Irrevocable Trust for the benefit of Lauren Elizabeth Marie Schafer,

Stephen Si lver Irrevocable Trust for the benefit of Casey Silver, and Stephen Silver

Irrevo cable Trust for the benefit of Jo nathan Silver, ( collectively, “Moving

Defendants”). Moving Defendants request an in camera review of the Affidavit of

Merit and curriculum vitae submitted by Plaintiffs in connection with the Complain t

to determine if the Affidavit of Merit and associated curriculum vitae comply with

18 Del

. C

. § 6853 (a)(1) and (c).

2. Section 6853(a)(1) of Title 18 of the Delawar e Code provides that all

health care negligence complaints must be accompanied by “[a]n affidavit of merit

as to each defendant signed by an expert witness . . . and accompanied by a current

curriculum vitae of the witness, stating that there are reasonable grounds to believe

that there has been health

- care medical negligence committed by each defendant.”

3. Plaintiffs filed one Affidavit of Merit in this matter

. That Affidavit

addresses the alleged negligence of Defendants Broadmeadow Investment, LLC

d/b/a Cadia Rehabilitation Broadmeadow (“Broadmea dow”) and Long Term Care

Corp. Plaintiffs allege that Long Term Care Corp. “was a director, officer, managing

employee, held operational/ managerial control, and/or held a 5% ownership interest

in Defendant Broadmeadow, such that it was responsible for making non

- medical3

decisions bearin g on quality of care at Defendant Broadmeadow .” 2 Because

Plaintiffs do not allege Long Term Care Corp. committed medical negligence that

resulted in the injury and death of Mary A. Boughman

, an A ffidavit of M erit is not

required as to Long Term Care Corp.

4. T he Court has reviewed the Affidavit of Merit and c urriculum v itae

with respect to Plaintiffs’ claims against Defendant Broadmeadow and finds that it

complies with 18 Del

. C

. § 6853(a)(1) and (c).

IT IS SO ORDERED.



# Jan R. Jurden

______________________________ Jan. R. Jurden, President Judge

Original to Prothonotary

cc: Sean P. Gambogi, Esq.

Maria R. Granaudo Gesty, Esq.

2 Compl. ¶ 3 (Trans. ID 64742319 ) (emphasis added).