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Karen "Missy" E. Minehan

Portrait of Karen "Missy" E. Minehan

Missy is a member of the Health Care Department where she focuses her practice on the defense of professional medical negligence and premises liability claims, as well as medical licensing matters before licensing boards such as the Pennsylvania Boards of Medicine, Osteopathic Medicine, Nursing, and Psychology. Her individual clients include physicians, nurses, Patient Care Technicians (PCTs), Certified Nurses Aides (CNAs), therapists, mental health professionals, and other health care providers. Missy’s institutional clients include acute and rehabilitation hospitals, long-term and skilled nursing facilities, correctional medicine providers, and outpatient dialysis facilities.

Missy has handled matters encompassing a wide range of medical issues, including retained foreign objects, ob/gyn, wound care, patient falls, and neurological injuries. She has significant jury trial, arbitration, mediation, appellate, and administrative law experience.

After receiving her undergraduate degree from Wellesley College, where she played intercollegiate soccer and spent her junior year in Paris, France and Yaounde, Cameroon, Missy graduated from the University of Pittsburgh School of Law and the Graduate School of Public and International Affairs with a J.D. and a Master's Degree in International Affairs.

Missy's bar admissions include the Supreme Court of Pennsylvania and U.S. District Court for the Western, Middle, and Eastern Districts of Pennsylvania. She is a member of the Pennsylvania Bar Association. She is frequently called upon to lecture on a wide array of topics in the field of health care litigation.

Outside of her professional career, Missy is an active volunteer in her local community. She served as a Girl Scout leader to a troop that advanced from Brownie to Ambassador. She interviewed prospective high school students for admission to Wellesley College as an alumna volunteer and served as the President and Vice President of the Southeastern Pennsylvania Wellesley College Club. She worked as a puppy sitter for the Susquehanna Service Dog. An avid skier, Missy co-founded and continues to lead the Camp Hill Middle and High School Ski & Snowboard Club. In addition, Missy is currently a Member and the Secretary of the Cleve J. Fredricksen Library Board of Trustees. 

    • University of Pittsburgh School of Law (J.D., 1996)
    • University of Pittsburgh, Graduate School of Public and International Affairs (M.A., 1996)
    • Wellesley College (B.A., 1991)
    • Pennsylvania, 1996
    • U.S. District Court Eastern District of Pennsylvania, 1999
    • U.S. District Court Middle District of Pennsylvania, 1999
    • U.S. District Court Western District of Pennsylvania, 2018
    • AV® Preeminent™ by Martindale-Hubbell®
    • Pennsylvania Super Lawyer Rising Star (2006-2007)
    • Pennsylvania Bar Association
    • Cleve J. Fredricksen Library Board of Trustees, Member and Secretary
    • Girl Scouts in the Heart of Pennsylvania, former Troop Leader
    • Southeastern Pennsylvania Wellesley Club, Member, former President, former Vice President
    • Mitigating and Responding to a Professional Liability Claim: Documentation, Discovery, and Depositions, Skilled Nursing Development Institute's Administrator Appreciation Event, August 6, 2025
    • Arbitration Agreements: Hot Topics and Best Practices, client webinar, March 19, 2025
    • Trends, Tips, and Tricks in the Defense of Long-Term Care Facilities, PACHRM/PDI Conference, July 14, 2023
    • From Arbitrations to Schedule Zs: Trends, Tips and Tricks to Navigate the Written Discovery Process in Long-Term Care Civil Litigation, Marshall Dennehey Trends in Health Care and Health Law Seminar, May 5, 2022
    • Reduce Your Risk: Understanding the Emergency Medical Treatment and Active Labor Act (EMTALA), February 18, 2021
    • Pitfalls of Social Media and Nursing, May 8, 2018
    • ED Documentation: Are You Writing Enough?,  April 2018
    • Event Management, Documentation and Disclosure: Trends, Dangers and Best Practices, March 2015
    • Understanding Advance Health Care Directives in Pennsylvania, March 2015
    • General Liability, Professional Liability and Other Interesting Litigation Issues, February 26, 2015
    • The Medical Licensing System in Pennsylvania, 2012
    • Expert Retention, Review, and Testimony: From Start to Finish, October 8, 2007
    • Defensive Documentation, co-presenter, April 2007
    • Medical Records Law in Pennsylvania as it Pertains to Litigation Issues, co-presenter, Lorman Education Services, August 2006
    • A Statutory Tour Through the Peer Review Protection Act, MCARE Act and the Patient Quality Improvement Act of 2005, co-presenter, October 2005
    • Avoiding Lawsuits and Facing the Ones You Cannot Avoid: Documentation, Event Review, Deposition and Trial Testimony, co-presenter, May 2005
    • An Overview of Pennsylvania Law as it Relates to HMA Medical Malpractice, co-presenter, January 2005
    • Best Practices for Hospital Investigation of Patient Care, October 2004
    • “The New and Broadened Law Governing Venue in Pennsylvania Medical Malpractice Cases,” Defense Digest, JDSupra, March 2023
    • “The Public Policy Exception to the Enforcement of Foreign Judgments: Necessary or Nemesis?,” 18 Loy. L.A. Int’l & Comp. L. J. 795 (1996)
    • Obtained a defense award on behalf of a skilled nursing facility in a wound case after a two-day arbitration. 

Results

Defense Award Obtained in a Contested Wound Case

We secured a defense award on behalf of a skilled nursing facility in a hotly contested “wound” case after a two-day arbitration. The 93-year-old plaintiff had been a resident at the nursing facility for over three years without having suffered any pressure injuries, despite a plethora of risk factors. In August 2019, she was transferred emergently to an acute care hospital where she was diagnosed with a myocardial infarction (MI) and cardiogenic shock. The hospital administered five days of a vasopressor, a life-saving medication that can increase the risk of pressure injuries, and recommended that she consult with palliative medicine due to her poor condition and prognosis. Within several weeks of her return to our client’s facility, she was found to have a Stage III left heel wound and a Stage II left buttocks wound. The wounds were treated and resolved within four and five months, respectively. At 99 years of age, she still resides at the facility.

Defense Verdict in Ohio Medical Malpractice Case

We obtained a medical malpractice defense verdict on behalf of a skilled nursing facility in the Cuyahoga County Common Pleas Court in Cleveland, Ohio. The children of an 82-year-old skilled nursing resident brought a lawsuit after their mother developed shingles and associated meningitis and passed away. They claimed the facility had inadequate infection control and failed to identify signs/symptoms of developing changes in their mother’s condition. The defense proved the facility offered the appropriate vaccinations that were required by the state of Ohio and that the standard of care did not require the facility offer or administer the Shingrix vaccine to its residents. They also proved the facility properly monitored the resident’s signs and symptoms; that she did not exhibit any classic signs or symptoms of shingles at the facility; and that the facility timely sent her to the ER for evaluation when her condition changed.  In closing arguments after a five-day trial, the plaintiffs asked the jury for $3 million. The jury deliberated for 75 minutes and returned with a defense verdict. 

Thought Leadership

Defense Digest

The New and Broadened Law Governing Venue in Pennsylvania Medical Malpractice Cases

March 1, 2023

Key Points: Recent Pennsylvania Supreme Court actions may dramatically broaden the counties in which plaintiffs may file medical malpractice actions. Such actions can now be filed and litigated hundreds of miles from the facility where care was provided, where the witnesses live or work, and even where the plaintiffs themselves live. The Pennsylvania Supreme Court’s amendment of Pennsylvania Rule of Civil Procedure 1006, combined with the Pennsylvania Superior Court’s reduction in the threshold for venue in Hangey v. Husqvarna Professional Products, Inc., 247 A.3d 1136 (Pa. Super. 2021), alloc. granted, 278 A.3d 301 (Pa. 2022), have the potential to dramatically broaden the counties in which plaintiffs may file medical malpractice actions. Gone are the days when medical malpractice actions were venued solely in the county where the cause of action arose. Now, such actions can be filed and litigated hundreds of miles from the facility where care was provided, where the witnesses live or work, and even where the plaintiffs themselves live. By order dated August 25, 2022, the Supreme Court amended Pennsylvania’s venue rule, Pa.R.Civ.P. 1006, by deleting Rule 1006(a.1), which provided that medical malpractice actions must be filed “only in a county in which the cause of action arose.” The effect of deleting Rule 1006(a.1) is to make medical malpractice actions subject to the same venue standards that apply to all other types of civil cases. This significant change became effective on January 1, 2023. What will it mean going forward? It means that medical malpractice cases now may be filed where a defendant may be served, the cause of action arose, or a relevant transaction or occurrence took place. This is crucial because, just as the former medical malpractice venue rule was being rescinded, so, too, were the usual venue rules being relaxed. In the non-medical malpractice context, venue is generally determined by assessing whether a defendant’s contacts with the plaintiff’s chosen venue are of sufficient quantity and quality. Although there was never a hard-and-fast rule, the quantity test traditionally has been satisfied if the defendant does about 1% or more of its business in the plaintiff’s chosen venue. This percentage standard was viewed as fair because it applied equally to large and small businesses. However, in Hangey, the Superior Court en banc (by a vote of 7-2) made it much easier for plaintiffs to obtain venue over businesses in counties other than the county where the cause of action arose. In particular, the Superior Court held that venue could lie over a defendant who does only .005% of its business or $75,000 in total business in a forum. This extremely low volume of business expands the ability of plaintiffs to secure venue in locations with minimal connection to the lawsuit. On May 10, 2022, the Supreme Court accepted review in Hangey and it will hear argument in March of 2023. The Supreme Court could reverse, affirm, or even further dilute the low venue standard adopted by the Superior Court in Hangey. In the meantime, Hangey is currently the law and will also dilute the new venue standard that applies to medical malpractice cases, effective January 1, 2023, as a result of the Supreme Court’s amendment to Rule 1006. The Superior Court continued to pick away at the venue standard in Quigley v. Pottstown Hospital, LLC, 2022 WL 17347500 (Pa. Super. Dec. 1, 2022). In that case, the plaintiff alleged that the deceased, an elderly dementia patient, was sexually assaulted while a patient of Pottstown Hospital in Montgomery County. The trial court transferred the case from Philadelphia County to Montgomery County. The Superior Court reversed the transfer and returned the case to Philadelphia. The Superior Court held that the case should not have been transferred to Montgomery County because Tower Health, the hospital’s parent company and co-defendant, regularly conducted business in Philadelphia County through its unrelated subsidiaries. Specifically, the Superior Court found that Tower Health had the requisite quality and quantity of contacts with Philadelphia County because it: (1) owned multiple Philadelphia properties, an acute-care hospital, two urgent care facilities, and a children’s hospital; (2) was the managing partner of an LLC that owned a Philadelphia children’s hospital; (3) conducted medical billing of its subsidiary hospitals through a Philadelphia post office box; and (4) actively asserted control and authority over its subsidiaries by procuring insurance policies, providing them with general counsel, conducting hospital CEO performance reviews and disciplinary actions, ratifying the hospital’s Board of Directors, and implementing acute care hospital federal mandates. Hence, although the cause of action arose in Montgomery County, and even before the implementation of the new Rule 1006 on January 1, 2023, the Superior Court found venue proper in Philadelphia. This decision attributed the activities of related corporations to Pottstown Hospital in a way that is new to Pennsylvania law, which has traditionally respected corporate formalities and not eroded those formalities by attributing the acts of one corporation to another. Many major health systems, parent companies, and long-term care “home offices” have a presence in Pennsylvania’s pro-plaintiff hotbeds (especially Philadelphia, Allegheny, Lackawanna, and Luzerne Counties). Hence, when we combine the impacts of the venue rule change, Hangey, and Quigley, it seems that Pennsylvania is returning to a time when plaintiffs can file suit in nearly any venue, regardless of whether that venue has any legitimate connection to the facts, litigants, or witnesses.

Firm Highlights

Thought Leadership

What’s Hot in Workers’ Comp - News and Results*

RESULTS ​Perry Merlo (Harrisburg) obtained a favorable ruling involving a claimant who sustained a recognized lower back injury while employed by the defendant and continued to seek workers’ compensation benefits. Following an independent medical examination, Perry filed a termination petition alleging that the claimant had fully recovered from her work injury as of September 10, 2025. The claimant opposed the petition and presented testimony from her own medical expert. The judge granted the termination petition, finding the testimony of the defense medical expert more credible than the testimony of the claimant and her expert; and finding that the claimant had fully recovered from her work-related injury as of September 10, 2025. Kacey C. Wiedt (Harrisburg) secured a complete victory involving a alleged hand laceration resulting additional shoulder and upper extremity injuries. The defense successfully demonstrated that the claimant did not sustain the additional injuries alleged, had fully recovered from the accepted injury, and was terminated for performance-related reasons unrelated to his work injury. Relying in part on text messages and photographs that contradicted the claimant’s alleged limitations, the defense secured a decision denying the claim petition in its entirety and granting the termination petition effective June 10, 2025. The claimant recovered no additional benefits despite previously making a $230,000 settlement demand. Anthony Natale III (King of Prussia) secured a complete defense victory involving an alleged ongoing disability following a work-related cervical spine injury sustained in a truck accident. The defense successfully demonstrated that the claimant had been released to return to full-duty work, was subsequently discharged for cause after failing a mandatory drug test, and had fully recovered from his work injury. Following litigation of both the suspension and termination Petitions, the court found that the claimant was capable of returning to unrestricted employment and had fully recovered from his cervical spine injury. Anthony Natale III (King of Prussia) secured a complete defense victory involving an allegation of ongoing orthopedic and neurological injuries, including post-concussion syndrome, resulting from a motor vehicle accident while volunteering for the township. The defense successfully demonstrated that the claimant had fully recovered from her work-related injuries and was exaggerating her symptoms. Finding the defense medical expert more credible, the court granted the termination petition and concluded that the claimant had fully recovered. The court also dismissed all four of the claimant’s review petitions challenging prior utilization review determinations that found her medical treatment to be unreasonable and unnecessary. Anthony Natale III (King of Prussia) secured a complete defense victory involving a low back injury. The defense successfully demonstrated through medical evidence that the claimant had fully recovered from her work injury. Following litigation of the termination petition, the court found the defense expert credible and concluded that the claimant was fully recovered. The court granted the termination petition despite the claimant proceeding without counsel and arguing that personal circumstances prevented her from adequately defending the matter. As a result, the claimant’s entitlement to ongoing workers’ compensation benefits was terminated. . *Prior Results Do Not Guarantee a Similar Outcome NEWS Congratulations to Kacey Wiedt on being named Best Lawyers in America® 2027 "Lawyer of the Year" for Workers' Compensation Law - Employers. We are also proud to celebrate our firm’s 14 workers’ compensation attorneys who have been recognized in the 2027 editions of The Best Lawyers in America® and Best Lawyers: Ones to Watch® in America. This distinction is especially meaningful, as fewer than 6% of practicing attorneys in the United States earn recognition from their peers through the Best Lawyers selection process. The Best Lawyers in America® Heather Byrer Carbone Daniel W. Deitrick Benjamin K. Durstein Linda Wagner Farrell Keri L. Morris-Johnston Anthony Natale III Michele R. Punturi Andrea C. Rock Robin M. Romano Robert P. Schenk Michael A. Sebastian Francis X. Wickersham A. Judd Woytek Best Lawyers: Ones to Watch® in America Alana Staniszewski Angela DeMary (Mount Laurel) is presenting at the National African American Insurance Association (NAAIA) Annual Conference on September 24. In a panel workshop session, "Old Instincts, New Tools: How AI is Actually Transforming Claims Handling," Angela will discuss existing and emerging AI techniques relevant to claims and legal defense, and explore how AI works alongside traditional methods to improve efficiency and outcomes. For more information, click here. Judd Woytek (King of Prussia) is speaking at the National Comp conference in Las Vegas in September. He joins a group of panelists to present “Older, Wiser, But Costlier to Heal: What an Aging Workforce Means for Employers and for the Industry,” a discussion focused on the challenges employers face in balancing safety, compliance, and productivity as the workforce continues to age. Judd and his co-presenters will address proactive strategies to reduce workplace risk, support older employees, navigate age-discrimination and workers’ compensation issues, and build a safer, more resilient workforce. For more information, visit National Comp. Conference and Trade Show.

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