Kummer v. St. Joseph Regional Health Network

Transfer of venue based on forum non conveniens reversed because defendants failed to demonstrate, through detailed information, that plaintiffs' chosen forum was oppressive or vexatious to defendants.

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�1 Appellants, Mark and Sheri Kummer, appeal from the trial court’s grant of Appellees’, St. Joseph Hospital and Catholic Health Initiatives, petition to transfer venue from Philadelphia County to Berks County based on the doctrine of forum non conveniens. After review, we reverse.

�2 The trial court summarized the facts of this case as follows:

On December 23, 1998, Sheri M. Kummer gave birth prematurely to Michaela Diana Kummer (Baby Michaela) by a caesarean section operation performed at Defendant St. Joseph Hospital in Reading, Berks County, Pennsylvania. Following her birth, Baby Michaela was administered an IV line containing contra-indicated pharmaceutical products. Approximately eighteen hours after birth, Baby Michaela developed severe hypotension, persistent apnea, and bradyarrhythmia. On December,[sic] 24, 1998, Baby Michaela was transferred via Lifeline, to the Neonatal Intensive Care Unit at Hershey Medical Center, located also in Berks County. Despite lifesaving efforts, she died on December 26, 1998. Trial Court Opinion, 9/29/00, at 2. *fn1

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Kummer v. St. Joseph Regional Health Network

Transfer of venue based on forum non conveniens reversed because defendants failed to demonstrate, through detailed information, that plaintiffs' chosen forum was oppressive or vexatious to defendants.

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