Mellor v. O’Brien, PICS Case No. 12-0177 (C.P. Lackawanna Jan. 11, 2012) Nealon, J. (22 pages).
Plaintiff stated a cognizable claim for negligent infliction of emotional distress even though the alleged negligence involved acts of omission and plaintiff did not realize the treatment at issue deviated from the standard of care. Additionally, plaintiff averred specific facts indicating recklessly indifferent conduct by the health care providers and the hospitals vicarious liability for such recklessness. Demurrers to plaintiff’s claims for NIED and punitive damages were overruled.
