Free Answer to Amended Complaint - District Court of Delaware - Delaware

Case 1:06-cv-00349—Gl\/IS Document 44 Filed 12/17/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Thomas R. Miller )
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Plaintiff, ) C.A. No.: O6—349—GMS
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V- >
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) JURY OF I2 DEMANDED
Dr. MAGGIE BAILEY, CMS, and )
FIRST CORRECTIONAL )
MEDICAL INC. )
Defendants. )
FIRST CORRECTIONAL MEDICAL INC’S ANSWER
TO THE AMENDED COMPLAINT
l. Answering defendants are without sufficient information or knowledge to
affirm or deny the allegations of this paragraph.
2. Wrongful conduct by answering defendants is denied, and it is denied that
any conduct by answering defendants proximately caused any illnesses, injuries, or
damages of any nature to plaintiff,
3. Wrongful conduct by answering defendants is denied, and it is denied that
any conduct by answering defendants proximately caused any illnesses, injuries, or
damages of any nature to plaintiff.
FIRST AFFIRMATIVE DEFENSE
l. Plaintiffs Complaint fails to state a claim for which relief can be granted.
SECOND AFFIRMATIVE DEFENSE
2, Plaintiffs complaint is barred by the applicable statute of limitations.

Case 1:06-cv-OO349—G|\/IS Document 44 Filed 12/17/2007 Page 2 of 3
THIRD AFFIRMATIVE DEFENSE
3. Plaintiff has failed to exhaust all administrative remedies.
FOURTH AFFIRMATIVE DEFENSE
4. Plaintiff has failed to obtain and expert to verify his claims.
FIFTH AFFIRMATIVE DEFENSE
5. Plaintiff has failed to plead negligence with specificity.
WHEREFORE, defendants First Correctional Medical request that the
Complaint against it he dismissed, with prejudice.
A, HECKLER & FRABIZZIO
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K Daniel L. McK.enty
Attorney for Defendant
The Corporate Plaza
800 Delaware Avenue, Suite 200
P. O. Box 128
Wilmington, DE 19899-0128
Attorney for Defendants, First
Correctional Medical
DATE: December 14, 2007

Case 1:06-cv-OO349—G|\/IS Document 44 Filed 12/17/2007 Page 3 of 3
CERTIFICATE OF SERVICE
I certify that, on this date, one copy of defendants, First Correctional Medical,
Answer to the Amended Complaint, were served, by mail, on the following individuals:
Thomas R. Miller
#PRISON ID 144108
Delaware Correctional Center
1181 Paddock Road
Smyrna, DE 19977
By Mail
James Edward Drnec, Esquire
Balick & Balick, LLC
711 King Street
Wilmington, DE 19801
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HECKI;;ER§z FRABIZZIO
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r`DH1'II€`lT1DT" ‘ ‘cK.enty ""D
Attorney for Defendant
The Corporate Plaza
800 Delaware Avenue, Suite 200
P. O. Box 128
Wilmington, DE 19899-0128
Attorney for Defendants, First
Correctional Medical
DATE: December 14, 2007