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  • Watkins v. UPMC Jameson

    Publication Date: 2020-11-23
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1174

    Where plaintiff alleged that defendants did not provide her with proper medical treatment when she appeared at hospital at 26-weeks' gestation and that proper treatment could have prevented the child's death, she sufficiently alleged a duty of care owed to her and a breach of that duty and asserted a viable claim for negligent infliction of emotional distress. The court sustained in part defendants' preliminary objections.

  • Millhouse v. Rajjoub

    Publication Date: 2020-11-02
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1093

    Plaintiff failed to show good cause for failing to file a certificate of merit in this medical malpractice action. The court denied plaintiff's motion for waiver of the requirement and it refused to grant an additional extension of time.

  • Tischler v. Acuity Vision, P.C.

    Publication Date: 2020-10-19
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1019

    Plaintiff was entitled to conduct discovery on the issue of the defendant's potential corporate liability in this medical malpractice suit arising from an eye surgery where the complaint did make it clear or free from doubt that the defendant eye-care center could not be held liable for corporate negligence. The overruled defendant's demurrer.

  • Latka v. Rieder

    Publication Date: 2020-09-28
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0928

    A podiatrist was required to properly document his encounters with patients, so the court denied defendant's motion in limine regarding testimony about his lack of documentation. The court granted plaintiff's motion in limine on the issue of informed consent, but denied other aspects of her motion.

  • Cowher v. Kodali

    Publication Date: 2020-08-24
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Johnson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0836

    The evidence supported a large award of damages on wrongful death and survival claims, so the court denied defendants' requests for a new trial and remittitur.

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  • Reibenstein v. Barax

    Publication Date: 2020-08-17
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0892

    Trial court erred in finding administratrix's wrongful death and survival causes of action against primary care physician were time barred under the medical care availability and reduction of error act because subsection 1303.513(d) was ambiguous and "affirmative misrepresentation or fraudulent concealment of the cause of death" meant affirmative misrepresentations about or fraudulent concealment of conduct plaintiff alleged led to decedent's death. Reversed and remanded.

  • Talmadge v. Ervin

    Publication Date: 2020-08-10
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0863

    Trial court erred in finding appellees preserved an objection to a document at deposition and appellees' subsequent motion in limine did not change that result and since the document referred to an important issue at trial, the error was not harmless but trial court properly found appellees' expert witness was qualified to testify. Vacated and remanded.

  • Lageman v. Zepp

    Publication Date: 2020-08-03
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0816

    Plaintiff entitled to res ipsa loquitor instruction where defendant's testimony and plaintiff's experts' testimony establish that the medical harm suffered would not have occurred in the absence of negligence.

  • Millhouse v. Rajjoub

    Publication Date: 2020-07-27
    Practice Area: Medical Malpractice
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0656

    The court rejected plaintiff's motions for appointment of counsel and waiver of the requirement to file a certificate of merit, but it allowed plaintiff an additional extension of time to file the certificate.

  • Garvey v. Adamo

    Publication Date: 2020-07-27
    Practice Area: Medical Malpractice
    Industry:
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0691

    Plaintiff's proposed subpoena was overly broad and did not describe the requested documents with reasonable particularity. The court denied plaintiff's motion to strike objections to the subpoena.