Wednesday, September 16, 2020

Superior Court Upholds Trial Court's Decision Not to Seal Record on Med Mal Settlement


In the case of A.A. v. Glicken, No. 2020 Pa. Super. 197 (Pa. Super. Aug. 14, 2020 Olson, J., Dubow, J., and McLaughlin, J.) (Op. by Olson, J.), the court upheld a Luzerne County trial judge’s decision not to seal a settlement agreement in a minor’s medical malpractice lawsuit. 

In so ruling, the appellate court rejected the Defendants’ argument that not sealing the settlement agreement would have a chilling effect on future settlements and would go against the parties’ interests in privacy. The appellate court found no abuse of discretion by the trial court in denying the Motion to Seal. 

The Superior Court also ruled that the Defendants did not overcome the common law presumption of openness in courts and the Defendant did not meet their burden of showing good cause for sealing the record. 

Anyone wishing to review a copy of this decision may click this LINK

Source: “Luzerne Judge’s Refusal to Seal Settlement Agreement in Med Mal Case Upheld,” by P.J. D’Annunzio of the Pennsylvania Law Weekly (Aug. 20, 2020).

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