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  • Trott v. Bayhealth Med. Ctr., Inc.

    Publication Date: 2024-03-04
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Lugg
    Attorneys: For plaintiff: Michael Mongeluzzi, Joseph DeAngelo, Barrett DeAngelo, LLC, West Chester, PA; Linda Malkin, Kimmel Carter Roman Peltz & O’Neil, P.A., Wilmington, DE for plaintiff.
    for defendant: Joseph Drnec, Phillip Casale, Wharton Levin Ehrmantraut & Klein, P.A., Wilmington, DE; Bradley Goewert, Thomas Marcoz, Marshall Dennehey, P.C., Wilmington, DE for defendants.
    Case Number: N20C-09-182 SPL

    Although expert testimony established nurses' deviation from the applicable standards of care, they were entitled to summary judgment when plaintiff's experts could not opine with reasonable medical certainty that their deviation proximately caused plaintiff's injury.

  • Lucia v. Bridge Senior Living

    Publication Date: 2024-03-04
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Brennan
    Attorneys: For plaintiff: Joshua J. Inkell, Daniel P. Hagelberg, Hudson, Castle & Inkell, LLC, Wilmington, DE for plaintiffs.
    for defendant: Louis J. Rizzo, Reger Rizzo & Darnall LLP, Wilmington, DE; Francis J. Deasey, Matthew J. Junk, Deasey Mahoney & Valentini, Ltd., Philadelphia, PA for defendants.
    Case Number: N22C-08-118 DJB

    Healthcare power of attorney granting attorney-in-fact authority to contract for healthcare services on behalf of the principal was sufficient to confer authority for attorney-in-fact to sign arbitration agreement as part of principal's admission paperwork for skilled nursing facility.

  • The Estate of Thomas G. Stone, Jr. v. Bayhealth Med. Ctr., Inc.

    Publication Date: 2023-11-06
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm LLC., Dover, DE for plaintiff.
    for defendant: James E. Drnec, Phillip M. Casale, Wharton Levin Ehrmentraut & Klein, P.A., Wilmington, DE for defendant.
    Case Number: K22C-03-017 JJC

    The court applied the "sham affidavit doctrine," finding that plaintiff's expert's affidavit submitted with its opposition to defendant's motion for summary judgment contradicted the expert's prior deposition testimony and was submitted for the sole purpose of defeating an otherwise appropriate summary judgment motion and that no adequate explanation of the contradiction was provided.

  • Cooper v. Seasons Hospice & Palliative Care of Delaware, Inc.

    Publication Date: 2023-08-07
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Raj Srivatsan, McGivney, Kluger, & Cook, P.C., Wilmington, DE for plaintiff.
    for defendant: Dawn C. Doherty, Brett Thomas Norton, Marks, O’Neill, O’Brien, Doherty & Kelly, P.C., Wilmington, DE for defendants.
    Case Number: 22-1370-RGA

    Court dismissed survival and wrongful death action filed in federal court for lack of subject matter jurisdiction where decedent had same citizenship as defendants, destroying complete diversity.

  • Santo v. Genesis Healthcare, Inc.

    Publication Date: 2023-05-30
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm, LLC, Dover, DE for plaintiff.
    for defendant: Geoffrey G. Grivner, Kody M. Sparks, Andrew G. Hope, Buchanan, Ingersoll & Rooney, P.C., Wilmington, DE; Joshua T. Calo, Buchanan, Ingersoll & Roonery, P.C., Pittsburgh, PA for defendant.
    Case Number: K22C-07-014 NEP

    Nursing home was not entitled to PREP Act immunity for resident's death from COVID-19 where complaint alleged ordinary acts of negligence that led to the resident's death and did not necessarily implicate the administration or use of "covered countermeasures" as a cause of or contributing factor to the resident's death.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Acree v. Bayhealth Med. Ctr., Inc.

    Publication Date: 2023-04-25
    Practice Area: Medical Malpractice
    Industry: Health Care | Recruitment and Staffing
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm LLC, Dover, DE for plaintiff.
    for defendant: James E. Drnec, Phillip M. Casale, Wharton Levin Ehrmantraut & Klein, Wilmington, DE; John A. Elzufon, Matthew Donelson, Elzufon, Ausstin & Mondell, P.A., Wilmington, DE; Maria R. Granaudo Gesty, Burns White LLC, Wilmington, DE for defendants.
    Case Number: K21C-02-029-JJC

    Court declined summary judgment for physician staffing company in medical malpractice complaint where there were genuine issues of material fact concerning whether the company had a master/servant relationship with a physician who allegedly performed a negligent surgery, such that the patient could hold the company vicariously liable under the doctrine of respondeat superior.

  • Scottoline v. Women First, LLC

    Publication Date: 2023-03-21
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Bruce L. Hudson, Joshua J. Inkell, Hudson & Castle Law, LLC, Wilmington, DE for plaintiff.
    for defendant: Bradley J. Gowert, Thomas J. Marcoz, Jr., Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE; David Batten, Batten Lee, Raleigh, NC; John D. Balaguer, Roopa Sabesan, White and Williams LLP, Wilmington, DE for defendants.
    Case Number: N19C-08-135 AML

    Court excluded medical expert's causation opinion for lack of supporting scientific authority and due to the expert's failure to rule out other common causes of plaintiff's injury.

  • Anderson v. GI Assoc. of Delaware, P.A.

    Publication Date: 2022-09-06
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Timothy E. Lengkeek, Young Conaway Stargatt & Taylor, Wilmington, DE for plaintiffs.
    for defendant: Lorenza A. Wolhar, Bradley J. Goewert, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendants.
    Case Number: D69948

    Court denied defendant doctor's motion to dismiss petition arising out of a wrongful death case for a patient.

  • Parson v. Blemle

    Publication Date: 2022-07-12
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Kelley M. Huff, Shelsby & Leoni for plaintiff.
    for defendant: Colleen D. Shields, Alexandra D. Rogin, Eckert Seamans Cherin & Mellott, LLC; Maria R. Granaudo Gesty, Daniel P. Martz, Burns White, LLC; James E. Drnec, Katherine J. Sullivan, Wharton Levin Ehrmantraut & Klein, P.A. for defendants.
    Case Number: D69884

    Court excluded statistical evidence regarding the rarity of a medical complication, where the record showed that defendant considered that complication in the differential diagnosis and did not exclude it simply due to the rarity of occurrence.

  • Galate v. Beebe Med. Ctr., Inc.

    Publication Date: 2022-06-07
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Timothy E. Lengkeek, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for plaintiffs.
    for defendant: Bradley J. Goewert, Lorenza A. Wolhar, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE; Lauren C. McConnell, Gregory S. McKee, Wharton Levin Ehrmantraut & Klein, P.A., Wilmington, DE; Stephen J. Milewski, Roopa Sabesan, White and Williams LLP, Wilmington, DE for defendants.
    Case Number: D69845

    Motion to amend complaint to assert claims arising out of CT scan denied where the scan was distinct from the other treatments that formed the basis of plaintiffs' complaint, precluding application of the relation back doctrine.