Pennsylvania Court Partly Reverses Preemption In Thimerosal Injury Case

HARRISBURG, Pa. - (Mealey's) The Pennsylvania Superior Court on Jan. 11 partly reversed preemption summary judgment in a thimerosal vaccine injury case, saying the trial court needs to conduct a case-by-case inquiry of the side effects of the vaccines involved ( Jacqueline Wright, et al. v. Aventis...

Duane Morris: Pennsylvania Superior Court Holds Communications Between Attorneys, Experts Not Discoverable

In a significant reversal of its prior opinion, the Superior Court of Pennsylvania, sitting en banc , has ruled in Barrick v. Holy Spirit Hospital 1 that communications between an attorney and his or her expert witness are not discoverable under the Pennsylvania Rules of Civil Procedure. In Barrick...

Steptoe & Johnson PLLC: Court Excludes Causation Expert’s Opinion, Tosses Chemical Exposure Case

By Devin C. Daines A recent Pennsylvania Superior Court decision illustrates the importance of ensuring that a medical expert’s opinions meet the minimum threshold for admissibility. As in most toxic exposure cases, this crucial step can often be the difference between an early win for the defendant...

Duane Morris LLP: Pa. Superior Court Confirms Statutory Right of Repose for Improvements to Real Estate in Asbestos Cases

The Pennsylvania Superior Court reversed a jury verdict in favor of plaintiffs in an asbestos mesothelioma case, finding that the 12-year statute of repose bars all claims related to improvements constructed on real estate brought beyond the statutory period pursuant to 42 Pa. Cons. Stat. Ann. §...