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  • Mazzuca v. Abreu

    Publication Date: 2024-02-23
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1264 EDA 2023

    Trial court erred in determining there were no contested issues of fact regarding venue and remand was required for evidence as to whether venue was proper in Philadelphia based on appellant's claim that she served appellee Abreu at her "office or usual place of business" pursuant to Pa.R.C.P. 402(a)(2)(iii). Vacated and remanded.

  • Redos v. UPMC Susquehanna

    Publication Date: 2024-02-16
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Carlucci
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-00528

    Defendant medical providers sought summary judgment on plaintiff's claim alleging professional liability regarding treatment of a patient who was suffering a mental illness. The court denied defendants' motion where plaintiff's expert opined that defendants acted in gross deviation from the standard of care for a patient suffering from a delirium, with the result that defendants could be ineligible for the limited immunity afforded under the Mental Health Procedures Act.

  • N.T. v. The Children's Hosp. of Philadelphia

    Publication Date: 2024-02-16
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 3015 EDA 2022

    Trial court correctly dismissed medical malpractice action on grounds of judicial estoppel where theory of liability in present case was incompatible and unreconciled with plaintiff's theory of liability in parallel action. Order of the trial court affirmed.

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

    Publication Date: 2024-01-29
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Schulman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 190902017

    Plaintiffs appealed the court's order reinstating sanctions previously imposed on counsel for both parties for failure to complete discovery and exchange expert reports pursuant to the court's medical malpractice case management order. The court concluded that its order should be affirmed.

  • Corey v. Wilkes-Barre Hosp. Co., LLC

    Publication Date: 2024-01-01
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 507 MDA 2021

    Court correctly nonsuited corporate negligence claim against hospital where plaintiff's trial evidence focused on the actions and omissions of individual staff and provided no proof of systemic negligence by hospital management. Judgment affirmed.

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  • Healey v. Scranton Hosp. Co., LLC

    Publication Date: 2024-01-01
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23 CV 1793

    Medical malpractice defendants filed preliminary objections to plaintiff's complaint. The court sustained the preliminary objections in part and overruled them in part.

  • DiNardo v. Kohler

    Publication Date: 2023-12-11
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22 EAP 2022

    No felony conviction recovery rule barred mental health patient from seeking indemnification and damages arising from the patient's intentional murders. Order of the superior court affirmed.

  • Wilson v. Thomas Jefferson Univ. Hosp.

    Publication Date: 2023-10-02
    Practice Area: Medical Malpractice
    Industry: Health Care | Legal Services
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Schulman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 190902017

    In a medical malpractice case, the court imposed sanctions on both parties' counsel for discovery violations. Plaintiff filed motions to reconsider sanctions, which the court denied, finding that they willfully disregarded court orders. The court attached the reasons for its order pursuant to Pa.R.A.P. 1925(a).

  • Mazzuca v. Abreu

    Publication Date: 2023-10-02
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Carpenter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 220901774

    Medical malpractice plaintiff appealed the court's order sustaining defendants' preliminary objections to improper venue and transferring the action to the county in which the alleged malpractice occurred. The court requested that its order be affirmed.

  • Betz v. UPMC Pinnacle W. Shore Hosp.

    Publication Date: 2023-10-02
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1123 MDA 2022

    Medical Care Availability and Reduction of Error Act's whistleblower protections did not preclude a hospital from taking steps to determine the identify of the author of an anonymous report made under the patient safety plan, where hospitals were not "appropriate authorities" bound to protect whistleblower identities under the act. Order of the trial court affirmed.