Kober v. CCHS

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

JOSHUA KOBER, )
)
Plaintiff, )
v. ) C.A. No.: N25C-12-059 FJJ
)
CHRISTIANA CARE HEALTH )
SERVICES, INC. d/b/a CHRISTIANA )
HOSPITAL and MARY BARRISH, )
)
Defendants. )

ORDER REGARDING AFFIDAVIT OF MERIT

This 25th day of February, 2026, the Court has reviewed the Complaint and in

camera Plaintiff’s Affidavits of Merit pursuant to 18 Del.C. §6853(a)(3) and

6853(d). Having done so, the Court finds the following:

1. Plaintiff alleges in his complaint that a foreign object was unintentionally
left within the body of the patient during surgery. The complaint further
alleges that what was left in his body was a portion of an IV catheter. It is
unclear to the Court whether this situation falls under the exception of 18
Del.C. §6853(b). Fortunately, and despite the allegations in the complaint
of no need for an Affidavit of Merit, Plaintiff has provided two Affidavits
of Merit.
2. Two expert witnesses have signed Affidavits of Merit.
3. Each affidavit is accompanied by a current curriculum vitae of the expert
witness.
4. The first expert witness who signed the Affidavit represents she has a
doctorate in Nursing.
5. The nursing expert Affidavit indicates the expert witness was licensed to
practice nursing as of the date of the Affidavit.
6. The nursing Affidavit indicates the expert witness has been engaged in the
treatment of patients and/or in the academic side of the fields of Nursing
for at least three years preceding the acts alleged in the Complaint.
7. The Affidavit contains an opinion that there was a breach of the standard of
care and that the breach was the proximate cause of the injuries alleged in
the Complaint.
8. The Nursing Affidavit complies with the requirements of 18 Del.C.
§§6853(a)(1) and 6853(c) as to all Defendants named in the Complaint. 1
9. The second affidavit is authored by a clinical and consulting Psychologist
who has certified that he was licensed to practice clinical and consulting
Psychology as of the date of the Affidavit.
10.The Psychologist Affidavit indicates the expert witness has been engaged
in the treatment of patients and/or the academic side of the field of clinical
and consulting psychology for at least three years preceding the acts alleged
in the Complaint.
11.The Affidavit contains an opinion that the alleged breaches of the standard
of care were a proximate cause of the emotional injuries alleged. This
Affidavit complies with the requirements of 18 Del.C §§6853(a)(1) and
6853(c) as to all Defendants as to the issue of causation.
IT IS SO ORDERED.

/s/ Francis J. Jones, Jr.
Francis J. Jones Jr., Judge

cc: File & ServeXpress

1
Dougherty v. Horizon House, Inc., 2008 WL 3488532 (Del. Super. 2008).