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Publication Date: 2024-06-21
Practice Area: Medical Malpractice
Industry: Health Care
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 44 MDA 2023
Appellant appealed the trial court's order granting summary judgment in favor of defendant healthcare providers. The court reversed and remanded for further proceedings, holding that when the record was viewed in appellant's favor as the non-movant, genuine issues of material fact existed as to whether appellees committed gross negligence in evaluating and releasing appellant's deceased brother, who killed himself shortly after expressing suicidal thoughts and seeking mental health treatment.
Publication Date: 2024-06-14
Practice Area: Health Care Law
Industry: Chemicals and Materials | Consumer Products
Court: Commonwealth Court
Judge: Judge Ceisler
Attorneys: For plaintiff:
for defendant:
Case Number: 58 M.D. 2022
Department of Health's terpene recall mandate constituted an unlawful regulation. Preliminary injunction on terpene recall made permanent.
Publication Date: 2024-06-14
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Bucks County
Judge: Judge Trauger
Attorneys: For plaintiff:
for defendant:
Case Number: 2021-02616
Medical malpractice plaintiffs appealed the court's order granting summary judgment in favor of defendant medical providers. The court concluded that its order should be affirmed where plaintiffs proffered no expert testimony to demonstrate defendants' deviation from acceptable medical standards, and where plaintiffs failed to demonstrate how the discovery rule tolled the statute of limitations on their otherwise untimely complaint.
Publication Date: 2024-06-14
Practice Area: Employment Litigation
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Munley
Attorneys: For plaintiff:
for defendant:
Case Number: 3:24cv597
Transgender employment discrimination plaintiff moved to proceed anonymously in his action against his former employer. The court conditionally granted the motion where a weighing of the relevant factors supported allowing plaintiff to proceed with his suit as a "John Doe" while keeping his identifying information out of public court filings.
Publication Date: 2024-06-14
Practice Area: Trusts and Estates
Industry: Health Care
Court: Courts of Common Pleas, Bucks County
Judge: Judge Fritsch
Attorneys: For plaintiff:
for defendant:
Case Number: 2023-E0229
The court requested that its decree - lifting the stay of its May 15, 2023 decree granting appellee the authority to decline life sustaining treatment be affirmed.
Law Journal Press | Digital Book
Authors: Joseph S. Britton
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Publication Date: 2024-06-07
Practice Area: Health Care Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 111 C.D. 2023
Petitioner sought review of a final order affirming respondent's decision adopting an administrative law judge's adjudication that denied petitioner's request for an exception to the cap on in-home care hours he could receive from his family. The court affirmed, holding that petitioner failed to demonstrate a burden on his free exercise of religion where he could continue to receive available home care and companion services despite the fact that his mother and sister would no longer be paid for providing more than 60 hours of care pe
Publication Date: 2024-05-31
Practice Area: Labor Law
Industry: Health Care | Retail | State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 560 C.D. 2020
Fee review applications were properly denied as prescriptions issued by physicians and filled by a pharmacy that the physicians held an interest in constituted an improper self-referral. Order of the Bureau of Workers' Compensation affirmed.
Publication Date: 2024-05-31
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Saltz
Attorneys: For plaintiff:
for defendant:
Case Number: 2020-02127
Plaintiffs appealed the court's entry of summary judgment dismissing their claim for declaratory relief in their wrongful death and survival action alleging medical malpractice against certain medical providers after the death of their son. The court concluded that its order should be affirmed where plaintiffs' settlement of their tort claim for corporate negligence based on a hospital's allegedly improper delegation of the duty of oversight meant they no longer had standing to seek a judicial declaration that the underlying professio
Publication Date: 2024-05-31
Practice Area: Employment Litigation
Industry: Health Care
Court: Superior Court
Judge: Judge Olson
Attorneys: For plaintiff:
for defendant:
Case Number: 1363 MDA 2023
The court affirmed the order granting appellee's motion for judgment on the pleadings in a wrongful termination case on the grounds that appellant's claim was subject to a two-year statute of limitations under 42 Pa. C.S.A. §5501(7).
Publication Date: 2024-05-24
Practice Area: Health Care Law
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 373 WDA 2023
Appellant challenged the trial court's order denying his petition to expunge his involuntary mental health commitment under the Mental Health Procedures Act. The court affirmed, holding that the evidence was sufficient to support appellant's commitment where a responding police officer opined that appellant was a clear and present danger to others, but the evidence available to an examining physician indicated appellant required commitment for medical evaluation and treatment because he was a clear and present danger to himself.
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