The Pennsylvania Superior Court has reinstated a lawsuit against health care provider UPMC and one of its divisions after determining that two jurors showed potential bias against medical malpractice litigation during voir dire questioning when the trial judge was not physically present.

A unanimous three-judge Superior Court panel Friday reinstated the case, captioned Smith v. Cordero, over allegations that a misdiagnosed ulcer resulted in a leg amputation and death. Friday’s ruling vacated the defense verdict, and remanded the case to the Allegheny County Court of Common Pleas for further proceedings.

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