IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

NICOLE WILLEY, I ndividually

, and as )

personal representative of the estate of )

MICHAEL WILLEY

, and as parent and )

n ext friend of M ARISSA WILLEY , a )

minor, )

)

Plaintiffs, )

)

v. ) C.A. NO.: N17C

- 11

- 185 AML

)

GLASGOW INTERNAL MED ICINE ) JURY TRIAL OF 12 DEMANDED

A SSOCIATES , P.A., ANTHONY )

VASILE, D.O., CURT BLACKLOCK, )

D.O., CHRISTIANA CARE HEALTH )

SERVICES, INC., a Delaware )

Corporation, )

)

Defendants. )

Submitted: February 1 , 2018

Decided: February 16

, 2018

ORDER

Upon Review of the Affidavit of Merit

– Accepted

On February 1 , 2018, Defenda nt Vasile moved to have the Court review

Plaintiff s ’ affidavit of merit, in camera , to determine whether it complies with 18

Del. C

. § 6853(a)(1) and (c)

. Specifically, Defendant ask s the Court to determine

whether the affidavit of merit:

a) Is signed by an expert witness as defined in 18 Del. C. § 6853(c) ;

b) Is accompanie d by a curriculum vitae for each expert;2

c) States all its opinions with reasonable medical probability;

d) Includes an opinion that there has been healthcare medical negligence

agai nst each defendant ;

e) States t hat the expert gives an opinion that each breach against each

defendant was a proximate cause of injuries alleged in the complaint;

f) Includes a curriculum vitae that establishes that each expert is licensed to

practice medicine a s of the date of the a ffidavit ;

g) Includes a curriculum vitae that establishes that each expert, for the three

years preceding the negligent act, has been engaged in the treatment of

patients and/or in the teaching/academic side of medicine in the same or

similar field of medicine ( pulmonology) as defendant;

h) Establishes t hat the expert is boa rd certified in pulmonology

.

In Delaware, a healthcare negligence lawsuit must be filed with an affidavit

of merit, signed by an expert, and accompanied by the expert’s current curriculum

vitae

. 1 The expert must be licensed to practice medicine as of th e affidavit’s date

and engaged in the same or similar field as the defendant in the three years

immediately preceding the alleged negligence. 2 The affidavit must state that

reasonable grounds exist to believe the defendant was negligent in a way that

1 Id. § 6853(a)(1).

2 Id. § 6853(c).3

prox imately caused the plaintiff’s injury. 3 The stat ute’s requirements are minimal.

Accordingly, an affidavit of merit tracking the statutory language complies with the

statute. 4

After an in camera review, the Court finds the a ffidavit :

a) Is signed by an expert witness as defined in 18 Del. C. § 6853(c);

b) Is accompanied by a curriculum vitae for each expert;

c) States all its opinions with reasonable medical probability;

d) Includes an opinion that there has been healthcare medical negligence

against each defendant;

e) Establishes that the expert gives an opinion that each breach against each

defendant was a proximate cause of injuries alleged in the complaint;

f) Includes the expert’s curriculum vitae

, which e stablishes that the expert was

licensed to practice medicine as of the date of the a ffidavit and in the three

years prece ding the negligent act was engaged in the treatment of patients

and/or in the teaching/academic side of medicine in the same or similar field

of medicine (pulmonology) as defe ndant;

g) Establishes that the expert is board certified in pulmonology.

3 Id

. 4 See Dishmon v. Fucci , 32 A.3d 338, 342 (Del. 2011) (“In order to satisfy the prima facie burden,

an Affidavit of Merit must only contain an expert’s sworn statement that medical negligence

occurred, along with confirmation that he or she is qualified to proffer a medical opinion.”).4

Considering the a bove, the Court finds that the a ffidavit of merit complies

with 18 Del. C. § 6853(a) and (c) as to each Defendant.

IT IS SO ORDERED.

/s/ Abigail M. LeGrow

__ A bigail M. LeGrow, J udge

Original to Prothonotary

cc: Joshua Meyeroff, Esquire

Gregory S. McKee , Esquire

Katherine J. Sullivan, Esquire

Stephen J. Milewski, Esquire

Timothy E. Lengkeek, Esquire