A Lackawanna County judge has refused to seal a settlement in a medical malpractice suit over stillborn twins, finding the common-law presumption in favor of open access to judicial records outweighs the defense interest in keeping the agreement confidential.
In an Aug. 18 opinion in Page v. Moses Taylor Hospital, Judge Terrence R. Nealon approved the settlement and its allocation, and denied the defendants’ motion to seal the petition for court approval. The case sparked pretrial rulings on a number of issues, including whether a jury can determine fetal pain and suffering.
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