A Facebook post and subsequent supportive comment from a friend dashed a woman’s chances of pursuing civil claims against the doctors who initially misdiagnosed her crippling Lyme disease as multiple sclerosis, an en banc Pennsylvania Superior Court panel has ruled.
A split nine-judge panel ruled in Nicolaou v. Martin that plaintiff Nancy Nicolaou failed to sue the doctors within the two-year statute of limitations. Although the Dec. 22 ruling affirms a decision from the Lehigh County Court of Common Pleas that tossed the case on summary judgment, it also marked the reversal of a three-judge panel of the Superior Court, which called for the statute of limitations issue to be resolved by a jury.
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