If, under an exception to the MCARE statute of repose, patients with sponges and scissors left in their bodies can sue more than seven years after their surgeries, why can't organ recipients who received problematic organs do the same?

That's the question the Pennsylvania Supreme Court is now set to answer.

The justices granted allocatur March 28 in Yanakos v. UPMC, agreeing to hear arguments on a single argument: “Does the MCARE statute of repose violate the open courts guarantees of
the Pennsylvania Constitution, Article I, Section 11, where it arbitrarily and capriciously deprives some patients of any access to courts, but permits actions by similarly situated patients?”