Children's Hospital of Philadelphia. Credit: Jeffrey M. Vinocur via Wikimedia Commons Pa. Appeals Court: $7M Settlement With Out-of-State Defendant Bars Plaintiff's Med Mal Suit
"The law is not very fleshed out or very clear, particularly in this unique case," the Killino Firm's Jeffrey Killino said.
January 29, 2024 at 11:35 AM
4 minute read
What You Need to Know
- The Superior Court upheld the dismissal of a plaintiff's medical malpractice suit against two Philadelphia hospitals.
- The court held that the plaintiff's claims were incompatible with those she brought against a set of Ohio defendants over the same injuries.
- According to the plaintiff's attorney, there is little case law governing the judicial estoppel issues at play in the case.
The Pennsylvania Superior Court held that a plaintiff may not sue two prominent Philadelphia hospitals over an injury for which she obtained a $7 million settlement in a separate Ohio action.
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