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Publication Date: 2023-01-02
Practice Area: Dispute Resolution
Industry: Health Care
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Shreeves-Johns
Attorneys: For plaintiff:
for defendant:
Case Number: 00101
The court denied appellants' motion to compel arbitration on the basis that appellants waived their right to the arbitration agreement by engaging in the judicial process. Although appellants argued that their delay was simply caused by the fact that they were "unaware" of the arbitration agreement, the court found this argument unavailing, noting that the agreement had been timely produced during discovery.
Publication Date: 2023-01-02
Practice Area: Employment Litigation
Industry:
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 712 C.D. 2021
Hearing officer correctly found respondent's fee review petition was not premature in petitioner's challenge to hearing officer's decision that petitioner could not deny reimbursement to respondent without first seeking utilization review and ordering petitioner to reimburse respondent because none of the conditions in WC regulation 127.255 were met. Affirmed.
Publication Date: 2022-12-26
Practice Area: Contracts
Industry: Health Care | Manufacturing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Gallagher
Attorneys: For plaintiff:
for defendant:
Case Number: 5:21-cv-02972-JMG
Email correspondence formed a valid, binding contract where parties agreed to material terms, even though they continued to negotiate other terms and conditions of final written contract, but material disputes over the parties' respective alleged breaches precluded summary judgment. Parties' cross-motions for summary judgment granted in part and denied in part.
Publication Date: 2022-12-26
Practice Area: Medical Malpractice
Industry: Health Care
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 32 MAP 2021
Superior court erred in finding the language in the Medical Care Availability and Reduction of Error Act was ambiguous and in concluding trial court erred when it entered summary judgment on the basis that decedent's death certificate recorded her medical cause of death and court found the phrase "cause of death" in MCARE §513(d) referred specifically to the medical cause of death and only an affirmative misrepresentation or fraudulent concealment of such medical cause of death tolled the two-year statute of limitations for medical ma
Publication Date: 2022-12-26
Practice Area: Products Liability
Industry: Health Care | Pharmaceuticals
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Bartle
Attorneys: For plaintiff:
for defendant:
Case Number: 2848
Court dismissed claims of plaintiffs alleging that live-attenuated virus strain in vaccine caused them to suffer disease, when those plaintiffs failed to come forward with laboratory reports or other medically sound diagnostic testing to demonstrate that their cases of disease were not caused by wild-type strains naturally present in their bodies. Defendants' motion to dismiss granted.
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Publication Date: 2022-12-19
Practice Area: Personal Injury
Industry: Health Care
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 1022 EDA 2022
Trial court erred in granting defendant Tower Health's motion for a change of venue in action for negligence, premises liability, and assault/raperespondeat superior alleging decedent was raped and sexually assaulted while a patient at hospital owned by Tower Health and court found that Tower Health, a parent corporation and named defendant, regularly conducted business in Philadelphia for the purposes of establishing venue. Reversed.
Publication Date: 2022-12-19
Practice Area: Insurance Law
Industry: Health Care | Insurance
Court: Superior Court
Judge: Judge Panella
Attorneys: For plaintiff:
for defendant:
Case Number: 490 WDA 2021
Trial court properly granted summary judgment to plaintiff in action for insurance coverage for loss of business income due to COVID-19 under policy's business income and extra expense provisions and court agreed with trial court's interpretation of "direct physical loss of or damage to" to include the act of being deprived of the physical use of one's property. Affirmed.
Publication Date: 2022-12-12
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Caffrey
Attorneys: For plaintiff:
for defendant:
Case Number: 2022-C-1183
Defendants erred in relying on Sutherland v. Monongahela Valley Hosp. to argue that the corporate negligence theory did not apply to a physician's group because it had not assumed the role of a comprehensive health center, and failed to analyze such a claim in view of the factors set forth in Althaus v. Cohen. The court overruled defendants' preliminary objection.
Publication Date: 2022-12-12
Practice Area: Labor Law
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Brann
Attorneys: For plaintiff:
for defendant:
Case Number: 4:19-CV-00327
Age discrimination claim filed by terminated surgeon dismissed where surgeon failed to rebut hospital's assertion that it terminated the surgeon after he was negligent in performing a surgical procedure that resulted in the patient requiring corrective surgery. Defendant's motion for summary judgment granted.
Publication Date: 2022-12-12
Practice Area: Products Liability
Industry: Distribution and Wholesale | Health Care | Manufacturing
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Caffrey
Attorneys: For plaintiff:
for defendant:
Case Number: 2018-C-1938
The court granted defendant's motion to dismiss based on lack of personal jurisdiction on the basis that they lacked both general and specific jurisdiction. As to general jurisdiction, the court found that jurisdictional requirements were not met under 42 Pa. C.S.A. §5301(a)(1). The court then reviewed whether specific jurisdiction was proper, finding that the defendant lacked sufficient minimum contacts within the state.
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