• Terry v. Aesculap Implant Sys., LLC

    Publication Date: 2022-12-12
    Practice Area: Products Liability
    Industry: Distribution and Wholesale | Health Care | Manufacturing
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Caffrey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2018-C-1938

    The court granted defendant's motion to dismiss based on lack of personal jurisdiction on the basis that they lacked both general and specific jurisdiction. As to general jurisdiction, the court found that jurisdictional requirements were not met under 42 Pa. C.S.A. §5301(a)(1). The court then reviewed whether specific jurisdiction was proper, finding that the defendant lacked sufficient minimum contacts within the state.

  • Nat'l Fire & Marine Ins. Co. v. Genesis Healthcare, Inc.

    Publication Date: 2022-12-12
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kearney
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 221410

    Various lawsuits arising from COVID-19 infections in nursing homes constituted separate healthcare events under corporate liability insurance policy, where each suit concerned the actions or inaction of the operating subsidiary company and alleged different circumstances leading to the resident's infection. Plaintiff's motion for judgment as a matter of law granted, defendant's motion for judgment as a matter of law denied.

  • Sanders v. Children's Hosp. Of Philadelphia

    Publication Date: 2022-12-12
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 646 EDA 2021

    Defendant hospital challenged trial court's rulings on privileged documents in plaintiffs' wrongful death and survival actions and court found most of the documents and reports were protected by the Peer Review Protection Act or the Medical Care Availability and Reduction of Error Act. Affirmed in part and reversed in part.

  • Barrett v. M&B Med. Billing, Inc.

    Publication Date: 2022-12-05
    Practice Area: Legal Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1442 WDA 2021

    The trial court erred in allowing the individual defendant, an officer of the defendant corporation but not a licensed attorney, to appear pro se on behalf of both herself and the defendant corporation in these legal proceedings. The appellate court reversed in part.

  • Lahr v. Young

    Publication Date: 2022-12-05
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Caffrey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2021-C-0010

    The patient safety reports plaintiff sought in this medical malpractice suit were solely prepared for compliance with the Medical Care Availability and Reduction of Error Act reporting requirements, but they were not immune from discovery because they did not arise out of matters reviewed by a patient safety committee. The court vacated a prior order and issued a new order granting discovery on corrected grounds.

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  • Morel v. Patt

    Publication Date: 2022-12-05
    Practice Area: Discovery
    Industry: Health Care
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Caffrey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2021-C-0506

    Plaintiff failed to make a good faith effort to identify her treatment providers and produce related treatment records; therefore, defendants were entitled to recover attorney fees and expenses incurred to secure such information as a sanction. The court granted in part defendants' motion for sanctions.

  • Waller v. The Habilitation Group, LLC

    Publication Date: 2022-12-05
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Wiegand
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2:21-CV-00519-CCW

    Parties cross-moved for summary judgment in plaintiff's Fair Labor Standards Act, retaliation under the Pennsylvania Whistleblower Law and unjust enrichment action and court found issues of material fact existed as to whether plaintiff was an employee and dismissed plaintiff's joint and several liability under the state law participation theory since it was not a cause of action. Motions granted in part and denied in part.

  • Saahir v. Albert Einstein Med. Ctr.

    Publication Date: 2022-11-28
    Practice Area: Evidence
    Industry: Health Care
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Foglietta
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 03298

    The photographs documenting decedent's painful injuries while in hospital were directly relevant to plaintiff's wrongful death and survival claims, while defendant's argument regarding a discrepancy in the date of the photos went to the weight to be given such evidence at trial. The court recommended affirmance.

  • Mir v. Brod

    Publication Date: 2022-11-28
    Practice Area: Administrative Law
    Industry: Health Care | State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Slomsky
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2:17-cv-04956

    Defendant state medical boards in Pennsylvania, New York and California, members of the state boards, hospitals and doctors moved to dismiss plaintiff's action for tort claims and for an injunction over the revocation of his medical license and court found sovereign immunity, claim preclusion and issue preclusion barred his claims. Motions granted.

  • Balderach v. Pennsylvania Med. Transport, Inc.

    Publication Date: 2022-11-21
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 30007 OF 2016, C.A.

    While the state's Emergency Medical Services Systems Act provides that emergency medical service providers are immune from suit unless the claimant establishes gross negligence or willful misconduct, plaintiff's evidence, including two medical expert reports, raised issues of material fact regarding whether defendants acted with gross negligence in treating the decedent during a cardiac incident. The court denied defendants' motion for summary judgment.