UNITED STATES DISTRICT COURT 

DISTRICT OF NEW HAMPSHIRE 

David s. Young and Joan E. Young 

as Guardians of the Person and Estate of 

Jonathan Matthew Young 

v. 

Lakeview Neurorehabilitation Center, Inc. 

) 

) 

) 

) 

) 

) 

) 

) 

Docket No: 1:06-cv-475-PB 

DEFENDANT LAKEVIEW NEUROREHABILITATION CENTER, INC.’S

CONSENTED TO MOTION FOR REMAND FOR MEDICAL

INJURY SCREENING PANEL WITH INTEGRATED MEMO OF LAW

NOW COMES the Defendant, Lakeview Neurorehabilitation Center, Inc. (“Lakeview”) by and 

through its attorneys, Getman, Stacey, Schulthess & Steere, P.A., and respectfully moves this honorable 

Court for an order remanding this matter to review by a medical injury screening panel pursuant to the 

provisions of NH law, and in support thereof states as follows: 

1. Plaintiff has brought a multi-count complaint asserting, inter alia claims for damages 

arising out of alleged medical injury. 

2. Effective August 1, 2005, the NH Legislature has mandated that any actions for medical 

injury be submitted to a screening panel pursuant to the provisions of NH RSA § 519-B:1 et seq. The 

stated intent of this statute is to expedite the resolution of meritorious claims and to spare parties the 

expense and delay of defending non-meritorious claims. 

3. Submission to the Medical Injury Screening Panel will facilitate the prompt 

administration of justice and assist the parties in reaching an expedited resolution of such claims. 

4. Plaintiff's counsel has been consulted, and his consent to the relief requested however, 

according to an automatic response to emails sent to Plaintiff’s counsel, he is unavailable until midCase 1:06-cv-00475-PB Document 5 Filed 02/09/07 Page 1 of 3
-2- 

March. However, undersigned counsel has spoken Attorney Steven E. Hengen, Esquire, of Attorney 

Richard B. Couser’s office, who has consented on behalf of Attorney Couser to the relief requested. 

ARGUMENT

Lakeview respectfully urges this honorable Court to apply the provisions of recently 

enacted New Hampshire law which mandate referral of any action for medical negligence to a 

pre-trial screening panel pursuant to NH RSA § 519-B:1 et seq. Lakeview acknowledges that in 

diversity cases such as this, a federal court will “... apply state substantive law and federal 

procedural rules.” Correia v. Fitzgerald, 354 F.3d 47, 53 (1st Cir.2003); Hanna v. Plumer, 380 

U.S. 460, 465, 85 S.Ct. 1136, 14 L.Ed.2d 8 (1965). Adamson v. Wyeth Pharmaceuticals 2005 

WL 2323188, *1 (D.Mass.) (D.Mass., 2005). 

The statute was passed by the New Hampshire General Court to “.... affirm the intent of 

the general court to contain the costs of the medical injury reparations system and to promote 

availability and affordability of insurance against liability for medical injury. Claims for medical 

injury should be resolved as early and inexpensively as possible to contain system costs. Claims 

that are resolved before court determination cost less to resolve than claims that must be resolved 

by a court. Meritorious claims should be identified as quickly as possible, as should nonmeritorious claims.” As such Lakeview argues the statue establishes substantive law of the State 

and should be followed by this court as well. 

Case 1:06-cv-00475-PB Document 5 Filed 02/09/07 Page 2 of 3
-3- 

WHEREFORE, Defendant Lakeview Neurorehabilitation Center, Inc. respectfully moves and 

prays that this Honorable Court issue an order allowing this Motion to Remand for Medical Injury 

Screening Panel and for such other and further relief as may be just. 

Dated: February 9, 2007 

Respectfully submitted, 

LAKEVIEW NEUROREHABILITATION 

CENTER, INC. 

By Its Attorneys, 

GETMAN, STACEY, 

SCHULTHESS & STEERE, P.A. 

By: /s/Dona Feeney

Dona Feeney, Esquire 

Three Executive Park Drive, Suite 9 

Bedford, NH 03110 

(603) 634-4300 

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Defendant Lakeview Neurorehabilitation 

Center, Inc.’s Consented to Motion to Remand for Medical Injury Screening Panel with 

Memorandum of Law has been forwarded to opposing counsel, Richard B. Couser, Esquire. 

By: /s/Dona Feeney 

Dona Feeney, Esquire 

F:\Evanderzanden\Lakeview Jonathan Young\Pleadings\USDC\Motion to Remand to Medical Injury Screening Panel.doc 0060/06044 

Case 1:06-cv-00475-PB Document 5 Filed 02/09/07 Page 3 of 3