A same-sex couple whose loss of consortium claim in a medical malpractice suit was dismissed given they weren't considered married in Pennsylvania is seeking permission to appeal the ruling in light of the U.S. Supreme Court's recent DOMA decision.
Philadelphia Court of Common Pleas Judge Gregory E. Smith dismissed last month in a two-page order Tammy Wolf's loss of consortium claim, and status as a plaintiff, in her partner Jesseca Wolf's medical malpractice suit against Temple University Health System and other defendants. Temple Health had argued Tammy Wolf was not eligible for loss of consortium damages given such damages are reserved in Pennsylvania for married couples and people of the same sex can't be married in the state.
