Third Circuit Rules that Federal Tort Claims Act Does Not Incorporate Certificate of Merit Requirements

In the case of Wilson v. U.S., No. 22-1940 (3d Cir. Aug. 21 2023 Chagares, C.J., Bibas, J., and Matey, J.) (Op. by Chagares, C.J.), the Third Circuit Court of Appeals ruled that a district court erred in granting summary judgment to the government based upon the failure of a pro se prisoner to produce an expert report in a medical malpractice action.

The court ruled that the Federal Tort Claims Act did not incorporate the Certificate of Merit requirement found under Pa. R.C.P. 1042.3.

The appellate court also noted that the pro se prisoner Plaintiff did not otherwise have an adequate opportunity to seek out an expert or to conduct discovery due to his circumstances as an inmate during the COVID-19 pandemic.

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Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Sept. 21, 2023).