An organ recipient and donor are challenging the MCARE statute of repose on claims that it unfairly protects plaintiffs who had sponges or scissors left in their bodies, but can leave those who receive problematic organs without a claim.
Recently, Allegheny County Court of Common Pleas Judge Michael A. Della Vecchia axed claims brought against University of Pittsburgh Medical Center over a liver that was transplanted in a patient 13 years ago, finding that the claims did not fall within an exemption to the Medical Care Availability and Reduction of Error (MCARE) act’s statute of repose for injuries caused by foreign objects left in a body.
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