In the case of Goodfellow v. Shohola, Inc., No. 3:16-1521 (M.D. Pa. Aug. 21, 2018 Mannion,
J.), the court granted in part and denied in part a Motion to Dismiss in a case involving alleged negligent medical care provided by a summer camp to the Plaintiff's child..
Judge Malachy E. Mannion M.D. Pa. |
In part, the court ruled that, where the Plaintiffs’
original Complaint pled a plausible factual basis for punitive damages, even
though the original Complaint did not request such damages. Later punitive
damages allegations asserted by the Plaintiff were deemed to relate back and were, therefore, not barred
by the statute of limitations.
In another notable decision in this matter, the court ruled
that an overnight camp is not the type of entity that can be held liable on a
corporate negligence medical malpractice claim. The court found only that a comprehensive health
center with responsibility for arranging and coordinating the total health of
its patients can be subject to such corporate negligence liability.
Anyone wishing to review a copy of this decision may click
this LINK.
I send thanks to Attorney James M. Beck of the Philadelphia
office of the Reed Smith law firm, and writer of the excellent Drug and Device Law Blog, for bringing this case to my attention.
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