Filter This View

  • I.P. v. Pocono Med. Ctr.

    Publication Date: 2021-02-01
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0023

    Defendant, an independent emergency room physician, could not be held vicariously liable for the actions of hospital staff that provided plaintiff treatment where he did not participate in the cesarean section she underwent or have the right to control the operation due to his presence. The court sustained defendant's preliminary objections.

  • Evans v. Lavallee

    Publication Date: 2021-01-25
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1399

    Plaintiff's punitive damages claims against two individual defendants involved in a surgical procedure to remove basal cell carcinomas were sufficient where the claims were supported by allegations of defendants' purported conscious disregard of known risks of harm. The court overruled defendants' preliminary objections in part.

  • Pugh v. Cmty. Health Sys., Inc.

    Publication Date: 2021-01-25
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Rice
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0070

    Plaintiffs granted legal finding of undue delay in medical treatment where defendants failed to preserve relevant documents and information before losing access to the documents during sale of the hospital facility. Plaintiffs' motion for sanctions granted in part and denied in part.

  • Hudnell v. Thomas Jefferson Univ. Hosp., Inc.

    Publication Date: 2021-01-25
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pappert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0062

    Where plaintiff alleged that she suffered from a herniated disk and related spinal injuries which caused her pain and limitations, not that her medical marijuana use qualified was a disability under the Pennsylvania Human Relations Act, the court refused to dismiss her failure to accommodate and retaliation claims under the Act. The court denied defendants' motion to dismiss.

  • Whitnum v. The Meadows at Stroud for Nursing & Rehab.

    Publication Date: 2021-01-18
    Practice Area: Civil Rights
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Brann
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0046

    Defendant employer moved for summary judgment in plaintiff's title VII and Pennsylvania Human Relations Act action alleging she was subjected to a hostile work environment and retaliated against and court found plaintiff failed to establish a prima facie case under title VII because she did not show she was discriminated against because of her sex and produced no evidence that the conduct was severe or pervasive and her constructive discharge claim failed but she did produce enough evidence of retaliation to survive summary judgment.

  • Law Journal Press | Digital Book

    New Jersey Insurance Law 2024

    Authors: George J. Kenny, Frank A. Lattal

    View this Book

    View more book results for the query "*"

  • Kaczmarczyk v. Uniontown Hosp.

    Publication Date: 2021-01-18
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge Vernon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1395

    Plaintiffs' medical malpractice complaint asserting vicarious liability failed to satisfy Pa.R.Civ. P. 1019(a) where the pleading failed to identify the physicians alleged to be employees, agents or representatives of the defendant hospital and failed to state the individuals' alleged actions or omissions giving rise to liability. The court of common pleas recommended affirmance.

  • Holy Redeemer Health Sys. v. Workers' Comp. Appeal Bd.

    Publication Date: 2021-01-18
    Practice Area: Administrative Law
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0038

    Claimant's work injury petition was timely when filed on the following Monday when the 120th day of the notice period fell on a Sunday, where the Statutory Construction Act required exclusion of weekends from the end of any statutory time period. Order of the Workers' Compensation Appeal Board affirmed.

  • Kinzler v. Workers' Comp. Appeal Bd.

    Publication Date: 2021-01-18
    Practice Area: Employment Litigation
    Industry: Health Care | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0041

    Board did not err in concluding that the specific loss benefits, that claimant's daughter inherited when claimant died of non-work-related causes, were subject to employer's subrogation rights because the benefits were based on the equatability of the third-party settlement funds and the specific loss benefits, even if such benefits had not yet become payable during claimant's lifetime.

  • Adams v. Rising Sun Med. Ctr.

    Publication Date: 2021-01-11
    Practice Area: Evidence
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0002

    The trial court committed reversible error in precluding plaintiff from offering evidence of decedent's statements to medical personnel about her symptoms and family medical history, as such testimony was admissible under the medical treatment hearsay exception in Pa.R.Evid. 803(4), which does not require testimony from a health care provider. The superior court granted plaintiff a new trial.

  • Lifewatch Serv., Inc. v. Highmark, Inc.

    Publication Date: 2021-01-11
    Practice Area: Antitrust
    Industry: Health Care | Insurance | Retail
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Robreno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0015

    Defendant Blue Cross Blue Shield association moved to dismiss plaintiff telemetry monitor seller's antitrust action and court found the challenged conduct constituted the "business of insurance" within the meaning of the McCarran-Ferguson act and defendant was entitled to antitrust immunity under the act. Motion granted.