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O’Brien & Ryan LLP
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O'Brien & Ryan News
Dismissal of All Claims for Insurance Agent
In a case involving a claim of professional negligence against an insurance agent filed in Philadelphia County Court of Common Pleas, Anthony P. DeMichele obtained a voluntary dismissal for his client. In the lawsuit, the plaintiff claimed that his insurance agent...
Arbitration Award for General Contractor
Marshall L. Schwartz obtained an arbitration award in favor of a general contractor in a Montgomery County construction litigation matter. The defendant, and owner of the property at issue, failed to make payment under the contract. The matter proceeded to arbitration...
Defense Verdict for Orthopedic Spine Surgeon in Camden County, New Jersey
Daniel F. Ryan, III obtained a defense verdict for an orthopedic spine surgeon in Camden County, New Jersey. Plaintiff presented to the orthopedic spine surgeon with symptoms and physical findings of cervical myelopathy. Cervical myelopathy is a dangerous and...
Defense Verdict for Anesthesia Pain Management Group in Montgomery County
Michael O. Pitt obtained a defense verdict for an anesthesia pain management group in Montgomery County, Pennsylvania. The plaintiff had a series of stellate ganglion blocks for arm pain, which were performed by several anesthesia pain management physicians. After the...
Defense Verdict for Orthopedic Surgeon in Philadelphia County
Heather Hansen obtained a defense verdict for an orthopedic surgeon in Philadelphia County, Pennsylvania. In 2003, Plaintiff underwent a right total knee arthroplasty procedure. After the procedure, Plaintiff allegedly suffered from pain, stiffness and decreased range...
Disclosure of Electronic Protected Health Information Leads to Record HIPAA Fine
New York Presbyterian Hospital and Columbia University recently agreed to pay a combined total of $4.8 million for their failure to secure thousands of patients’ electronic protected health information (“ePHI”) held on a shared network. This fine is the largest...
Superior Court Clarifies Ruling Regarding Third-Party Beneficiaries of Physician-Patient Relationship
In reviewing its ruling in Matharu v. Muir, 29 A.3d 375 (2011), the Pennsylvania Superior Court unanimously held that physicians owe a duty of care to their patients’ unborn children. The en banc panel distinguished this finding from the 2012 Seebold...
PA Superior Court Reverses Dismissal of Patient Escape & Suicide Suit Against Hospital
Overturning the trial court's dismissal of the plaintiff's lawsuit on preliminary objections, the Superior Court recently held that while a hospital was entitled to the limited immunity protections afforded it by the Mental Health Procedures Act (MHPA), the complaint...
Supreme Court Definitively Bans “Error in Judgment” Defense in Medical Malpractice Cases
As previously reported on obrlaw.com, on May 23, 2012, the Supreme Court of Pennsylvania granted petitions for allowance of appeal filed on behalf of a defendant physician and her practice group, to address the Superior Court's analysis of the "error in...
Pennsylvania Superior Court Finds Statute Banning Wrongful Birth and Wrongful Life Actions Unconstitutional
In an opinion authored on November 14, 2012, a three-judge panel unanimously found that the statute banning wrongful birth and wrongful life actions in Pennsylvania (42 Pa.C.S.A. §8305) was enacted unconstitutionally. Generally, wrongful birth is...
Carolyn Bohmueller is Faculty for DRI Practicum
On November 6, 2014, Carolyn Bohmueller was part of the faculty, along with Judge Lisa Rau, Judge Rosalyn Robinson and Robert Sachs, Jr., Esquire, for Suggestions & Ethics for Preparing & Arguing Non-Discovery Motions, part of The Dispute Resolution Institute’s Personal Injury Practicum in Philadelphia, PA.
Heather Hansen Speaks at Philadelphia Bar Association Conference
On October 17, 2014 Heather Hansen presented “The Ethics of Covering a Moving Media Target”, as part of the Philadelphia Bar Association’s Bench-Bar & Annual Conference 2014.
Dorothy Duffy Speaks at Drexel Law Symposium
On October 10, 2014, Dorothy Duffy presented Work Product Admissibility in Light of Barrick v. Holy Spirit Hospital, part of the Drexel Law Review Symposium Beyond Reproach: Becoming an Expert on Expert Witnesses, held in Philadelphia.
Marshall Schwartz is Faculty for PBI Program
On June 25, 2014, Marshall Schwartz was part of the faculty for Fundamentals of Personal Injury, a CLE program for the Pennsylvania Bar Institute in Philadelphia.
Tracie Vizza is Faculty for Seminar at DUCOM
On May 21, 2014, Tracie Vizza was part of the faculty for “Managing Your Risk: Practicing in a Difficult Judicial Climate”, a seminar presented by the Drexel University College of Medicine in Philadelphia, PA.
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