Superior Court of Pennsylvania held that affirmative misrepresentation or fraudulent concealment of conduct that allegedly led to a patient’s death will toll statute of limitations for medical malpractice claims.

King of Prussia
Health Care Liability
The case involved a wrongful death and survival action brought by the decedent’s administratrix against the decedent’s primary care physician. Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
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The New Jersey Appellate Division finds the lower court judges abused their discretion by applying the judicial estoppel doctrine and incorrectly dismissed plaintiff’s claim for medical negligence.

Mount Laurel
Health Care Liability
The plaintiff appealed two orders entered by different judges that dismissed his pleadings against an endodontist where he alleged negligence, a Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
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The Superior Court held that the trial court’s error in permitting plaintiff’s use of a neurology textbook to cross-examine the defendant was prejudicial.

King of Prussia
Birth & Catastrophic Injury Litigation
This medical malpractice claim involved an allegation brought by the parents of a child against health care providers for a permanent spinal cor Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
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Without any further factual allegations, the plaintiff’s proposed second amended complaint failed to plausibly allege the existence of a product defect.

Philadelphia - Headquarters
Product Liability
The plaintiff brought suit against the manufacturer and online seller (Amazon) when the eye lubricant she purchased allegedly caused her permane Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
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Loss of society damages and punitive damages are not available under the general maritime law where a minor plaintiff sues arising out of a maritime personal injury accident involving her father.

Mount Laurel
Maritime Litigation
The California Court of Appeal affirmed the trial court’s grant of judgment on the pleadings against a minor plaintiff who sought recovery for loss of society da Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
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Declining to resolve prompts to interpret language of statute of repose, court says question of “lawfully” is a factual determination and quashed appeal of denial of motion for summary judgment on basis that claims barred by statute of repose.

Pittsburgh
General Liability
The trial court denied the contractor’s motion for summary judgment based on the statute of repose, opining that the “current state of the law o Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
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