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  • Lutz v. Williamsport Hospital

    Publication Date: 2018-11-20
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1344

    Under controlling Pennsylvania law, plaintiff was not required to specifically name every potential actor involved in the decedent's care at the defendant hospital when pleading her vicarious liability against the hospital. The court overruled defendant's preliminary objection to plaintiff's vicarious liability claims.

  • Venosh v. Henzes

    Publication Date: 2018-11-06
    Practice Area: Expert Witnesses | Litigation | Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1317

    After plaintiff's settlement with one joint tortfeasor, the remaining defendants were precluded from referencing the settlement at trial, but the court held the settling defendant would remain on the caption and could be included on the verdict slip for purposes of allocating pro rata liability.

  • Nicolaou v. Martin

    Publication Date: 2018-10-30
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1301

    Superior court erred by concluding as a matter of law that the statute of limitations was not tolled in plaintiff's medical malpractice action and finding she should have known by 2009 that she suffered from Lyme disease and that her health problems could have been caused by defendants' failure to diagnose and treat the condition because it was the province of the jury to determine if the discovery rule tolled the statute of limitations.

  • Mayer v. Delserra

    Publication Date: 2018-10-23
    Practice Area: Civil Procedure | Discovery | Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1252

    Defendant improperly served a joinder complaint on another party. The statute of limitations had not yet expired on the indemnity and contribution claims contained in the joinder complaint, so the court ordered the defendant to make proper service.

  • Venosh v. Henzes et al

    Publication Date: 2018-10-23
    Practice Area: Expert Witnesses | Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1255

    While plaintiff did not assert an informed consent claim in this medical malpractice suit, defendants' experts could offer evidence of recognized complications that could occur during plaintiff's total knee replacement surgery where such evidence was relevant to the experts' standard of care/causation analysis. The court granted plaintiff's motion in limine in part.

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  • Peronis v. U.S.

    Publication Date: 2018-10-23
    Practice Area: Expert Witnesses | Medical Malpractice
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Fischer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1273

    Pediatrician moved for summary judgment in plaintiffs' medical malpractice action based on child's death of acute bronchopneumonia associated with massive aspiration of meconium hours after birth because plaintiffs' experts failed to offer evidence that she was negligent but court found there was a dispute as to material facts based on plaintiffs' prima facie case against pediatrician and the dispute as to the time pediatrician was notified of the child's condition. Motion denied.

  • Phinisee v. Friewald

    Publication Date: 2018-10-16
    Practice Area: Medical Malpractice
    Industry: Legal Services | Pharmaceuticals
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Rufe
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1244

    Mother's motion for summary judgment was denied in her action against five attorneys stemming from her dissatisfaction with the settlement of a medical malpractice case based on harm to her daughter because mother, as a non-attorney proceeding pro se, could not represent her minor daughter or raise claims on her daughter's behalf, the attorneys were not state actors subject to §1983 liability and claim preclusion barred her legal malpractice claims but she was granted leave to amend if she could state a basis for subject matter jurisd

  • Hughes v. Wilkes-Barre Hosp. Co.

    Publication Date: 2018-08-28
    Practice Area: Civil Procedure | Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealong
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1004

    Defendants in a medical malpractice proceeding were not entitled to an order sealing the settlement records, because they failed to rebut the presumption in favor of public access to judicial records.

  • Stewart-Wilson v. U.S.A.

    Publication Date: 2018-08-21
    Practice Area: Medical Malpractice
    Industry: Federal Government | Health Care
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Hornak
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0986

    Government moved to dismiss plaintiff's medical malpractice action on statute of limitations grounds, plaintiff argued that equitable tolling applied since doctor delivered plaintiff at a non-federal regional hospital and she had no reason to know he was a federal employee and court found it had to consider the totality of the circumstances, which the record did not allow. Motion denied and discovery ordered.

  • Dean v. Bowling Green-Brandywine CRC Health Grp., Inc.

    Publication Date: 2018-07-24
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0860

    Physicians not entitled to limited immunity under the Mental Health Procedures Act where they did not treat decedent for mental illness and their treatment occurred prior to psychiatric evaluation and was therefore not contemporaneous medical treatment. Judgment of nonsuit affirmed in part and reversed in part.