.

Dana A. Gittleman

Chair, Real Estate E&O Liability Practice Group

Portrait of Dana A. Gittleman

When professionals are faced with claims and lawsuits alleging professional negligence, breach of fiduciary duty and more, Dana provides a vigorous response and defense.  As a member of the Professional Liability Department, she routinely defends claims and lawsuits brought against insurance agents and brokers, attorneys, financial entities, large product manufacturers, lenders, directors and officers and other professionals.

Dana also serves as Chair of the firm's Real Estate E&O Liability Practice Group where she provides legal defense for real estate agents, real estate brokers, title agents, home inspectors, appraisers and mortgage brokers in cases brought against them.

Dana understands the disruption and angst professionals experience when claims are brought against them. With over 10 years of civil litigation experience, she approaches each matter with empathy and a strong determination to efficiently resolve the actions brought against her clients. A typical day in her practice might involve securing court dismissals on dispositive motions, mitigating risk via alternative dispute resolution, or collaborating with clients on defense strategy for swift case resolution.

Committed to mentorship and providing guidance to younger attorneys, Dana is also Chair of the firm's Executive Committee Advisory Council, a distinguished group of firm leaders whose purpose is to enhance the communication between the Executive Committee and younger members of the firm's professional ranks, including associates, special counsel and junior shareholders.

Dana is a member of the Professional Liability Underwriting Society (PLUS) and serves on the PLUS Mid-Atlantic Chapter Steering Committee. She frequently contributes articles to PLUS Blog. She is also an active member of the Professional Liability Defense Federation (PLDF) Insurance Law Committee, as well as the Philadelphia Bar Association having previously served on its Young Lawyers Division Executive Committee. She has been recognized by the Best Lawyers organization as a Best Lawyers: Ones to Watch since 2021, and she has been selected a Pennsylvania Super Lawyer Rising Star since 2019.

A graduate of Emory University, she received her juris doctor from the Villanova University School of Law where she was a Dean's Merit Scholarship recipient. While at Villanova, Dana served as a managing editor for student work for the Villanova Sports & Entertainment Law Journal.

    • Villanova University Charles Widger School of Law (J.D., 2012)
    • Emory University (B.A., 2008)
    • Pennsylvania, 2012
    • New Jersey, 2013
    • U.S. District Court Eastern District of Pennsylvania, 2014
    • The Best Lawyers: Ones to Watch®, Insurance Law; Product Liability Litigation - Defendants (2021-2025)
    • Pennsylvania Super Lawyers Rising Star (2019-2022)
    • Philadelphia Bar Association, Young Lawyers Division Executive Committee (2015-2017); YLD Treasurer (2016), Vice Chair (2017)
    • Professional Liability Underwriting Society (PLUS)
    • PLUS Mid-Atlantic Chapter, Steering Committee Member
    • PLUS E&O Think Tank Committee
    • Professional Liability Defense Federation Insurance Law Committee
    • NovUs, the Young Alumni Chapter of the Villanova University School of Law, Former President
    • Developing Your Own Brand, Villanova University Charles Widger School of Law, March 16, 2026
    • PLUS Podcast: Insurance Agent E&O - Top Ten Tips for Risk Management Series, Episode 3, October 13, 2025
    • PLUS Podcast: Insurance Agent E&O - Top Ten Tips for Risk Management SeriesEpisode 2, August 7, 2025
    • PLUS Podcast: Insurance Agent E&O - Top Ten Tips for Risk Management SeriesEpisode 1, June 9, 2025
    • Insurance Agent and Broker Webinar, Philadelphia Insurance Company, April 1, 2025
    • Defending Home Inspector Claims - Prevention and Defense, Client Webinar, October 15, 2024
    • Risk Management for Insurance Agents & Brokers, Pittsburgh I-Day, October 8, 2024
    • Attorney Well-Being as a Matter of Professional Competence, Professional Liability Defense Federation Annual Meeting, September 26, 2024
    • Insurance E&O Litigation Trends and Best Practices, Client Seminar, May 7, 2024
    • Defending Home Inspector Claims - Prevention and Defense, Client Webinar, March 26, 2024
    • Defending Home Inspectors Claims - Prevention and Defense, Client Webinar, March 6, 2023
    • You Passed the Bar, Now What? How to Succeed in Your First Year as an Attorney, and How to Gain Experience, Philadelphia Bar Association Young Lawyers Division Bootcamp, October 28, 2016
    • Obtained a summary judgment dismissal in a Philadelphia Commerce Court commercial litigation matter. The case involved claims of unfair competition and tortious interference brought by one adult day care center against our client, a competing facility. The allegations centered on purported violations of regulations issued by the Pennsylvania Department of Aging and the Office of Long Term Living. The plaintiff’s final demand was $2 million, and no settlement offers were made before the trial court granted summary judgment.  
    • Obtained summary judgment for our insurance agent client, culminating in a dismissal with prejudice of all professional negligence claims.
    • Obtained a defense verdict in a Fourth Amendment civil rights trial in the Eastern District of Pennsylvania.​ The plaintiff alleged that a public agency violated his Fourth Amendment rights by searching and seizing his personal property after his vehicle was impounded. The defense witnesses each testified that the vehicle was never searched by the public agency and that the public agency does not have a policy or custom of searching vehicles once they are impounded, which was an essential element of the plaintiff's constitutional violation claim. After less than 15 minutes of deliberation, the jury unanimously found that the plaintiff failed to demonstrate that the public agency violated his constitutional rights, granting judgment in favor of the public agency defendant. 
    • Obtained dismissal with prejudice in Federal Court, Middle District of PA, for insurance broker client in a case involving liability / commercial insurance coverage claims related to lost business income as a result of government mandated closures triggered by the COVID-19 pandemic.
    • Secured voluntary withdrawal with prejudice of all claims against law firm client in action alleging legal malpractice, breaches of fiduciary duties and breach of contract.
    • Developed factual and legal bases for successful Motion for Summary Judgment for our attorney/law firm client, dismissing a complex legal malpractice action involving claims of professional negligence and fraudulent inducement, arising from an underlying personal injury litigation which concluded with a $700,000 settlement. Following discovery in the professional malpractice action related to coverage and liability issues, the court granted our motion dismissing the complaint in its entirety against the law firm and individual attorney defendants. For further details, click here.
    • Achieved dismissal of real estate agent in action seeking litigation costs and fees for purported failure to disclose a contractual term encumbering plaintiff’s property.
    • Secured voluntary withdrawal of civil suit alleging negligence and fraud against insurance broker following filing of Preliminary Objections.
    • Prevailed on Preliminary Objections on behalf of home inspector client in litigation alleging breach of contract, negligence, and breach of express and implied warranty claims.
    • Defended insurance agency in Chester County Court of Common Pleas action alleging negligence and breach of contract arising from damage to large landscaping equipment. Following discovery and before trial, settled suit on behalf of client with nominal payment, a fraction of the total exposure and settlement demand.
    • Extricated school district client from litigation alleging negligence for personal injury incident occurring on school bus with no settlement offered or tendered on behalf of client.
    • Obtained voluntary dismissal with prejudice of insurance broker client at suit inception. 
    • Obtained dismissal with prejudice of large automobile manufacturer on Preliminary Objections. The case involved product liability/product defect claims against our client, which were dismissed on procedural and substantive bases.
    • Assisted first chair counsel in successful jury trial in Philadelphia County Court of Common Pleas on behalf of large automobile manufacturer/distributor.  
    • Obtained dismissal of large automobile manufacturer on Motion for Judgment on the Pleadings in breach of warranty claim. 
    • Obtained defense verdict at arbitration involving claims for breach of contract/indemnification sought for hail/storm related roof damage.
    • Secured dismissal of defendants in a U.S. District Court for the Eastern District of Pennsylvania matter alleging claims including defamation, libel, slander, intentional and negligent infliction of emotional distress, invasion of privacy, false light and false imprisonment

Results

Montgomery County Court Dismisses Lawsuit Against Insurance Broker

We obtained dismissal of our insurance broker client on Motion for Summary Judgment in the Montgomery County Court of Common Pleas, Pennsylvania, on the basis of no duty breached, and lack of causation. Claimants asserted a professional negligence theory for allegedly allowing a commercial insurance policy to lapse, failing to notify the policyholder claimant of the lapse or cancellation, and allowing a subsequent gap in coverage to exist after the policy cancelled, when an underlying loss occurred. However, after completed discovery depositions and expert discovery, we successfully moved for summary judgment, arguing the policy cancelled because of the policyholder’s own failure to comply with premium audit requirements, rather than any liability or breach of standard of care by the insurance broker.

MD Successfully Defends Low Verdict Against Insurance Broker that Plaintiff Challenged on Appeal

In a case where an insurance broker faced claims of professional negligence, Carol VanderWoude (Philadelphia) successfully defended the plaintiff’s appeal from a verdict obtained by Tim Ventura and Dana Gittleman (Philadelphia). The verdict against our client, an independent insurance broker, was well below the lost value of UIM coverage (i.e., $1 million), which the plaintiff sought to recover based on an alleged breach of the professional standard of care in failing to procure an endorsement for $ 1 million in UIM coverage on the plaintiff’s decedent’s commercial auto policy.  The verdict is notable because, at trial, the client gave unexpected testimony which impacted liability, and when confronted with the client’s new trial testimony, our standard of care expert conceded a breach of the professional standard of care. Still, causation/damages were contested, and it was disputed at trial that the plaintiff’s decedent would have actually received $1 million in coverage. Tim elicited testimony on cross-examination of the plaintiff’s expert to show that there was no evidence establishing the insurer would have provided additional UIM coverage even if the endorsement had been purchased.  Prior to trial the parties entered into a stipulation stating that damages were capped at the value of the lost coverage, $1 million. Plaintiff’s counsel challenged the low verdict on various grounds, focusing on the fact that our expert conceded a breach of a standard of care based on the client’s unexpected trial testimony. He argued that, as a matter of law, the damages amount was the lost value of the coverage and the verdict should be increased to $1 million. The trial court agreed with our arguments, raised in opposition to the plaintiff’s post-trial motions, that the low verdict amount was supported by the record and that the plaintiff’s requests for post-trial relief were otherwise waived for various reasons.  The Superior Court affirmed in a unanimous decision.   

Thought Leadership

PLUS Blog

Insurance Broker Best Practices to Reduce AI-Related E&O Risk

August 25, 2026

Insurance agencies and brokerages, like most businesses, are increasingly using artificial intelligence and large language models (LLMs), such as ChatGPT and Gemini, in their daily operations. AI can provide significant advantages, including greater efficiency, enhanced productivity, and cost savings. For example, brokers may use AI to generate policy comparisons and proposals, accelerating the quoting process. However, these benefits come with risks. AI-generated information may be inaccurate, leading to improper advice, coverage misrepresentations, or binding coverage that violates underwriting guidelines. Overreliance on AI may also increase exposure to errors and omissions (E&O) claims and litigation. Insurance agencies can reduce AI-related risks by following these five best practices: 1. Require Licensed Producer Oversight AI can improve efficiency, but it does not replace the professional judgment or responsibility of a licensed producer. Treat AI-generated content as a preliminary draft that may contain errors. Before any quote, proposal, coverage summary, or policy comparison is provided to a client, a qualified individual should independently verify all material information, including coverage terms, limits, deductibles, exclusions and endorsements, against the applicable policy forms and source documents. 2. Establish a Formal AI Policy Agencies should adopt a written AI policy that defines: Approved AI tools; Information that may or may not be entered into AI platforms; AI outputs requiring licensed producer review; Tasks AI may assist with or perform autonomously, if any; and Permitted and prohibited uses. Approved uses may include document summarization and administrative support. Prohibited uses should include independently binding coverage, modifying limits, providing coverage advice, or communicating coverage determinations without human review. The policy should be distributed to all employees, supported by training, and reinforced through written acknowledgment of compliance. 3. Manage Third-Party AI and Data Security Risks Confidential client information, such as loss runs, financial records, proprietary information, or other sensitive data, should not be entered into unapproved public AI platforms. Agencies should also review contracts with AI vendors to ensure they adequately address confidentiality, cybersecurity controls, data retention, indemnification, insurance requirements, and limitations of liability. 4. Document AI Usage As with other client communications and insurance placement decisions, agencies should maintain records of AI-related activity. Documentation should reflect the client’s requests, information available to the producer, AI-generated output, any modifications or verification performed by agency personnel, communications with the client, and the coverage ultimately procured. Such records may provide valuable evidence in defending a future E&O claim. 5. Review Insurance Coverage Agencies should review their own E&O policies to determine whether any exclusions, limitations, or endorsements affect coverage for AI-related activities.  Likewise, agencies should be aware of any AI-related coverage restrictions contained in policies they recommend or place for clients. Conclusion AI is a valuable tool that can help insurance agents and brokers improve efficiency and service. However, it should supplement rather than replace the oversight, expertise, and professional judgment of a licensed producer. This article was originally published on PLUS Blog, the blog of the Professional Liability Underwriting Society, on August 20, 2026. All rights reserved. Further duplication without prior permission is prohibited. 

PLUS Blog

The Importance of Memorializing Settlement Terms

April 27, 2026

Settlement discussions often move quickly, and parties may assume that agreement on a dollar amount is enough to finalize a deal. But when material terms are left unspoken or undocumented, even routine negotiations can lead to costly and time‑consuming motion practice. 

Firm Highlights

News

106 Marshall Dennehey Attorneys Recognized in the 2027 Editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America

Marshall Dennehey is proud to highlight the firm’s 106 attorneys who have been recognized in the 2027 editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America. Less than 6% of all practicing lawyers in the U.S. were selected by their peers for this recognition. Additionally, four of the firm’s attorneys received the Best Lawyers® 2027 “Lawyer of the Year” awards in their respective practice areas and demographic regions. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. For more information, please visit https://www.bestlawyers.com/. OUR 2027 LAWYERS OF THE YEAR Harrisburg, PA Christopher Reeser, Personal Injury Litigation - Defendants Kacey Wiedt, Workers Compensation Law - Employers Roseland, NJ Justin F. Johnson, Medical Malpractice Law - Defendants Leonard Leicht, Personal Injury Litigation - Defendants   OUR 2026 BEST LAWYERS IN AMERICA Philadelphia, PA Nicholas D. Bowers, Personal Injury Litigation - Defendants Josh J. T. Byrne, Professional Malpractice Law - Defendants Jefferey J. Chomko, Insurance Law James H. Cole, Insurance Law John J. Delany III, Personal Injury Litigation - Defendants Laurianne Falcone, Personal Injury Litigation - Defendants John P. Gonzales, Employment Law - Management John Hare, Appellate Practice Daniel D. Krebbs, Personal Injury Litigation - Defendants Michele Punturi, Workers' Compensation Law - Employers Bradley D. Remick, Product Liability Litigation - Defendants Andrea Cicero Rock, Workers' Compensation Law - Employers Robin M. Romano, Workers' Compensation Law - Employers Daniel J. Ryan, Jr., Personal Injury Litigation - Defendants Gary M. Samms, Professional Malpractice Law - Defendants Christopher N. Santoro, Personal Injury Litigation – Defendants; Product Liability Litigation -Defendants Josh D. Scheets, Personal Injury Litigation - Defendants Robert P. Schenk, Workers' Compensation Law - Employers Robert E. Smith, Insurance Law Robin Snyder, Litigation - Health Care Michael L. Turner, Commercial Litigation; Criminal Defense: White-Collar; Mass Tort Litigation / Class Actions - Defendants Claire Breaux Ventola, Product Liability Litigation - Defendants Pittsburgh, PA Melissa Devich Cochran, Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation - Defendants  John F. Deasy, Personal Injury Litigation – Defendants; Product Liability Litigation - Defendants Daniel W. Deitrick, Workers' Compensation Law - Employers Douglas C. LaSota, Litigation - Construction; Mass Tort Litigation / Class Actions - Defendants Joseph V. Lesinski, Product Liability Litigation – Defendants   Christian D. Marquis, Personal Injury Litigation - Defendants Patricia A. Monahan, Insurance Law; Litigation - Insurance Patrick T. Reilly, Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation - Defendants Brett C. Shear, Medical Malpractice Law - Defendants Teresa O. Sirianni, Education Law; Employment Law – Management; Litigation - Labor and Employment Stuart Sostmann, Product Liability Litigation – Defendants Danielle M. Vugrinovich, Mass Tort Litigation / Class Actions - Defendants Scranton, PA Sarah E. Argo, Litigation - Insurance Michael J. Connolly, Personal Injury Litigation – Defendants; Professional Malpractice Law - Defendants Matthew Keris, Litigation - Health Care; Medical Malpractice Law - Defendants John T. McGrath, Jr., Insurance Law; Medical Malpractice Law – Defendants; Product Liability Litigation - Defendants William J. McPartland, Insurance Law John R. Nealon, Product Liability Litigation - Defendants Victoria Scanlon, Health Care Law; Litigation - Health Care; Medical Malpractice Law - Defendants Michael A. Sebastian, Workers' Compensation Law - Employers Thomas A. Specht, Insurance Law; Litigation - Insurance Suzanne Tighe, Litigation Insurance Harrisburg , PA Casey Alan Coyle, Administrative/Regulatory Law; Appellate Practice; Commercial Litigation Brittany E. Bakshi, Personal Injury Litigation - Defendants Shannon P. Fellin, Workers' Compensation Law - Employers Allison Krupp, Insurance Law John R. Ninosky, Litigation – Insurance; Personal Injury Litigation - Defendants Christopher Reeser, Personal Injury Litigation - Defendants Kacey Wiedt, Workers' Compensation Law – Employers King of Prussia, PA  Michael L. Detweiler, Construction Law Joseph L. Hoynoski III, Medical Malpractice Law - Defendants Gregory J. Kelley, Construction Law, Litigation - Construction Anthony Natale III, Workers' Compensation Law - Employers Francis X. Wickersham, Workers' Compensation Law - Employers A. Judd Woytek, Workers' Compensation Law – Employers Erie, PA Patrick M. Carey, Personal Injury Litigation - Defendants Joel M. Snavely, Health Care Law; Insurance Law New Haven, CT Michael Wrona, Commercial Litigation, Litigation - Bankruptcy  Mount Laurel, NJ David D. Blake, Litigation - Insurance Barbara Davis, Personal Injury Litigation - Defendants Lynne Nahmani, Litigation - Health Care John H. Osorio, Personal Injury Litigation - Defendants John L. Slimm, Legal Malpractice Law – Defendants; Professional Malpractice Law – Defendants Roseland, NJ Robert T. Evers, Medical Malpractice Law - Defendants Justin F. Johnson, Medical Malpractice Law - Defendants Julia Klubenspies, Medical Malpractice Law - Defendants Leonard C. Leicht, Personal Injury Litigation - Defendants Patricia M. McDonagh, Appellate Practice Sunny Sparano, Litigation - Construction Randall S. Watts, Health Care Law New York, NY Tonya M. Lindsey, Medical Malpractice Law - Defendants Tampa, FL Michael Archibald, Personal Injury Litigation - Defendants Lindsay G. McCormick, Litigation – Construction Orlando, FL Thomas F. Brown, Personal Injury Litigation - Defendants Dante C. Rohr, Commercial Litigation Fort Lauderdale, FL Kimberly Kanoff Berman, Appellate Practice Patrick M. Delong, Personal Injury Litigation – Defendants Jacksonville, FL  Heather Byrer Carbone, Workers' Compensation Law - Employers Linda Wagner Farrell, Workers' Compensation Law - Employers Elizabeth B. Ferguson, Litigation - Construction James P. Hanratty, Personal Injury Litigation – Defendants Wilmington, DE Sarah B. Cole, Litigation - Insurance Benjamin K. Durstein, Workers' Compensation Law - Employers Maria R. Granaudo, Medical Malpractice Law - Defendants  Keri L. Morris-Johnston, Workers' Compensation Law - Employers Cincinnati, OH Timothy B. Schenkel, Personal Injury Litigation - Defendants David E. Williamson, Personal Injury Litigation - Defendants Cleveland, OH Vincent E. Cononico, Litigation – Insurance, Personal Injury Litigation - Defendants Jillian L. Dinehart, Personal Injury Litigation - Defendants David J. Fagnilli, Insurance Law Jason P. Ferrante, Health Care Law, Litigation - Health Care Andrew H. Isakoff, Transportation Law Leslie M. Jenny, Litigation - Health Care; Medical Malpractice Law – Defendant OUR 2026 BEST LAWYERS: ONES TO WATCH Jacksonville, FL Sean J. Reeves, Personal Injury Litigation – Defendants; Product Liability Litigation - Defendants Orlando, FL Carolin A. Pacheco, Insurance Law Mount Laurel Stacey Gorin, Insurance Law Melville, NY Kimberly Gitlin, Personal Injury Litigation – Defendants Matthew A. Gray, Insurance Law; Personal Injury Litigation - Defendants Philadelphia, PA Holli K. Archer, Health Care Law; Medical Malpractice Law – Defendants; Professional Malpractice Law Emily Pritchyk, Commercial Litigation; Product Liability Litigation – Defendants Pittsburgh, PA Taylor E. Kosko, Mass Tort Litigation / Class Actions – Defendants; Personal Injury Litigation - Defendants Alana Staniszewski, Workers' Compensation Law - Employers Michael D. Winsko, Product Liability Litigation – Defendants; Transportation Law King of Prussia, PA Richard Lechette, Commercial Litigation; Insurance Law, Personal Injury Litigation – Defendants

Thought Leadership

The Ohio Supreme Court Extends Sham-Affidavit Rule to Contradictory Expert Reports

Legal Roundup: Ohio In its June 23, 2026, decision in Moore v. Mercy Medical Center, the Ohio Supreme Court upheld a trial court’s decision to strike an expert witness’s affidavit that contradicted the opinions expressed in the expert’s prior report. This case pertains to allegations of medical malpractice after plaintiff Cheri Moore gave birth to an infant in respiratory distress who required intubation. Moore alleged that a delay in ordering an emergency cesarean section resulted in the need for intubation, causing her child’s injuries. Specifically, Moore sued Dr. Meniru, who completed his first shift at 7:00 a.m. on May 28, 2015, and did not resume treating Moore until 7:00 a.m. on May 29, 2015. One of Moore’s expert witnesses authored a report stating that the doctors, including Dr. Meniru, deviated from the standard of care by not advocating for a cesarean section in the evening of May 28, 2015. Based on this report, Dr. Meniru moved for summary judgment, arguing that the alleged breach occurred during a period when he was not on duty. In response to the summary judgment motion, the plaintiff filed an affidavit from the same expert. Although the expert expressly incorporated his previous report into his affidavit, he also offered an additional opinion: that Dr. Meniru breached the standard of care by failing to begin a cesarean section within 30 minutes of receiving reports of fetal distress. Dr. Meniru filed a motion to strike the expert’s affidavit, arguing that it contradicted the opinions set forth in his prior report in violation of the sham-affidavit rule. The sham-affidavit rule applies to “a contradictory affidavit that indicates only that the affiant cannot maintain a consistent story, or is willing to offer a statement solely for the purpose of defeating summary judgment”. Moore, supra, at ¶ 19, citing Pettiford v. Aggarwal, 126 Ohio St.3d 413, 2010-Ohio-3237. The trial court granted both the motion to strike and the motion for summary judgment, and the Fifth District affirmed. The Ohio Supreme Court accepted two questions of law: (1) whether the sham-affidavit rule applies when the sworn testimony contradicts prior unsworn statements; and (2) whether an inconsistency within the affidavit goes to credibility or admissibility, justifying an order striking the affidavit. Previous rulings by the Ohio Supreme Court regarding the sham-affidavit rule have pertained to contradictions between an affidavit and sworn deposition testimony. See, e.g., Byrd v. Smith, 2006- Ohio-3455, 110 Ohio St.3d 24, 850 N.E.2d 47. However, here, the Court was asked to apply the same rule to contradictions between a sworn affidavit and an unsworn expert report. The Court held that, because Moore’s expert incorporated his prior report into his affidavit, he effectively adopted the report as part of his sworn testimony.

Thought Leadership

Pennsylvania Superior Court Reaffirms Liberal Pleading Standard in Medical Malpractice Actions

Legal Roundup: Pennsylvania The Pennsylvania Superior Court has reinforced a broader fact-pleading approach that may make it more difficult for health care defendants to obtain dismissal at the preliminary objection stage. In DaSilva v. Abington Memorial Hospital, the court held that the plaintiffs’ second amended complaint satisfied Pennsylvania’s fact‑pleading requirements despite the absence of individually named negligent actors. In DaSilva, the plaintiffs filed a second amended complaint alleging that Abington Memorial Hospital was directly and vicariously negligent after the patient, who was experiencing a mental health crisis, was left unattended by hospital staff, exited the emergency department, and was struck by a vehicle, suffering serious injuries. The trial court sustained the hospital’s preliminary objections and dismissed the complaint with prejudice, stating plaintiffs “failed to plead any material factual allegations in support of their claims of negligence [and] set forth vague allegations of negligence and unidentified agency.” Id. at *5. The plaintiffs appealed. On appeal, the Superior Court reversed, holding that the complaint sufficiently pled negligence and vicarious liability claims under Pa.R.C.P. 1019(a). The court concluded that allegations describing the patient’s condition, the hospital’s awareness of that condition, and the alleged failure to monitor or prevent elopement were adequate to satisfy Pennsylvania’s pleading requirements. Significantly, the court rejected the hospital’s argument that the complaint failed because it did not identify the specific employees responsible for the alleged negligence. Instead, the court found that generalized references to “emergency room staff” were sufficient to place the hospital on notice of the claims because “the names of those who performed services for the plaintiff are known to the defendant or can be ascertained during discovery.” Id. at *12 (citing Est. of Denmark ex rel. Hurst v. Williams, 117 A.3d 300, 307 (Pa. Super. 2015)). The effect of DaSilva is that plaintiffs may proceed past the pleading stage with relatively generalized allegations, particularly in cases involving institutional defendants where relevant details are uniquely within the defendant’s control. As a result, health care defendants should anticipate that challenges to claim sufficiency may be resolved in the later stages of litigation, including discovery and summary judgment.

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict.