A Bethel Park couple is suing Orthopedic & Sports Physical Therapy Association and a therapist there, alleging that she failed to properly wear a mask when she visited their home in the fall and infected them with covid-19.
John Boyle and Cheryl McKinney became so ill, they were both hospitalized, according to the complaint originally filed in Allegheny County Common Pleas Court, but removed to federal court on Monday.
A message left with the company on Wednesday afternoon was not immediately returned.
Boyle was recovering from open-heart surgery last fall and required physical therapy, according to the lawsuit. In an attempt to reduce contact with people outside of their residence, Boyle arranged for the therapy to be at his home.
Judith Meyer, a physical therapist with OSPTA arrived at their home on Nov. 8, the lawsuit said, but she was not wearing gloves, a face shield or an appropriate mask — only a thin, disposable surgical mask.
Meyer immediately shook Boyle’s hand, the lawsuit said, and failed to wash her hands on arrival or before beginning therapy.
Although Meyer was supposed to visit two days later for another session, she did not, and a different therapist arrived.
Then, on Nov. 14, Meyer called Boyle and McKinney and told them that she and her son had both tested positive for covid-19, the lawsuit said.
“Shortly thereafter, both Mr. Boyle and Ms. McKinney developed symptoms associated with covid-19,” the complaint said.
According to the lawsuit, they had symptoms including severe respiratory trauma, fever and chills, a persistent, painful cough, fatigue, shortness of breath, muscle and body aches and other flu-like symptoms.
They were both hospitalized and put on oxygen on Nov. 19, the lawsuit said.
McKinney was in the hospital for nine days. Boyle was in for 10.
“Mr. Boyle and Ms. McKinney continue to suffer adverse effects associated with the disease, and Ms. McKinney still relies on an oxygen tank to breathe.”
The lawsuit alleges that neither plaintiff had outside contact with anyone other than Meyer during that time.
The complaint includes claims for negligence for failing to wear proper personal protective equipment while in their home and for visiting their home when Meyer knew or should have known that she and her son had been exposed to the virus.
