• Meisse v. Cohan

    Publication Date: 2023-04-24
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1821 CV 2022

    The court sustained in part and overruled in part preliminary objections filed by defendant physician in a medical malpractice suit.

  • Crespo v. Hughes

    Publication Date: 2023-04-17
    Practice Area: Medical Malpractice
    Industry: Health Care | Insurance | Legal Services
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1313 EDA 2022

    Trial court erred in denying as moot motion to compel compliance with charging order based solely on the prior judge's recusal from the matter, as recusal had no effect on the live controversy between the parties. Order of the trial court vacated, case remanded.

  • Shefcyk v. Temple Univ. Hosp.

    Publication Date: 2023-03-27
    Practice Area: Medical Malpractice
    Industry: Federal Government | Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Goldberg
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-3413

    Defendant United States moved to dismiss plaintiff's negligence and vicarious liability action over the birth of her child as time barred and court found plaintiff was not entitled to equitable tolling based on her failure to discover doctor's federal employee status because she did not exercise due diligence. Motion granted.

  • Dodson v. Univ. of Pittsburgh Med. Ctr.

    Publication Date: 2023-02-20
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: CV-19-01803

    While plaintiff produced a physician's statement that satisfied the rules of civil procedure regarding certificates of merit because it asserted that deviations from some applicable standard of care likely caused plaintiff harm, that same statement failed to establish the elements of his medical malpractice claim to a prima facie level. The court granted defendant's motion for summary judgment.

  • Forrer-Frye v. Sabatini

    Publication Date: 2023-02-13
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Brann
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 4:20-CV-00593

    Defendant was denied summary judgment where there were material disputes regarding the nature and scope of the working relationship between defendant and its co-defendant, who had sold defendant his dental practice, and whether co-defendant qualified as an employee. Defendant's motion for summary judgment denied.

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  • Evans v. Lavallee

    Publication Date: 2023-02-06
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Carlucci
    Attorneys: For plaintiff:
    for defendant:

    Case Number: CV 20-00879

    The court granted a motion to exclude expert testimony on the grounds that the proposed testimony was duplicative and cumulative as it mirrored testimony from another expert. The court pointed to their discretion to grant or deny motions to exclude evidence, speaking especially to their ability to exclude evidence that "encumbers the record."

  • Evans v. Lavallee

    Publication Date: 2023-01-30
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Carlucci
    Attorneys: For plaintiff:
    for defendant:

    Case Number: CV 20-0879

    The court overruled plaintiff's preliminary objections to defendants' amended new matter on the basis that defendants complied with the requirements under Pa.R.C.P. 1019(a) and 1030 by placing plaintiff on notice of the contents of the disputed issues.

  • Delisio v. Jameson

    Publication Date: 2023-01-23
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 10023 OF 2021, C.A.

    The court granted in part and denied in part defendant medical facility's objections to plaintiff's claims. The court dismissed plaintiff's breach of contract claim finding that the conduct complained of would be better captioned in a claim for medical malpractice but overruled defendant's objections to the informed consent and battery claims, finding that plaintiff's pled sufficient facts.

  • Riebenstein v. Barax

    Publication Date: 2022-12-26
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 32 MAP 2021

    Superior court erred in finding the language in the Medical Care Availability and Reduction of Error Act was ambiguous and in concluding trial court erred when it entered summary judgment on the basis that decedent's death certificate recorded her medical cause of death and court found the phrase "cause of death" in MCARE §513(d) referred specifically to the medical cause of death and only an affirmative misrepresentation or fraudulent concealment of such medical cause of death tolled the two-year statute of limitations for medical ma

  • Morales v. St. Lukes's Hospital-Allentown Campus

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

    Case Number: 2022-C-1183

    Defendants erred in relying on Sutherland v. Monongahela Valley Hosp. to argue that the corporate negligence theory did not apply to a physician's group because it had not assumed the role of a comprehensive health center, and failed to analyze such a claim in view of the factors set forth in Althaus v. Cohen. The court overruled defendants' preliminary objection.