Superior Court Affirms Award of Delay Damages Where Trial Court Carved Out The Time Period of The Covid-19 Pandemic

In the case of Heffelfinger v. Shen, No. 681 MDA 2024 (Pa. Super. July 21, 2025 Murray, J., King, J., and Stevens, P.J.E.) (Op. by Stevens, P.J.E.), the appellate court affirmed the trial court’s entry of a judgment on a jury verdict in favor of the Plaintiffs in the amount of $11.4 million in a claim by a Plaintiff that the medical Defendants failed to diagnose or treat the Plaintiff’s oral cancer.

Of note, on appeal, the Superior Court held that the trial court did not err in imposing an award of delay damages where the trial court expressly stated that its award in this regard did not include the COVID-19 judicial emergency period in mid-2020. 

In addition to affirming the trial court's award of delay damages, the Superior Court went on to note that, regardless, the COVID-10 pandemic and the ensuing judicial emergency did not serve to diminish the rights of Plaintiff to be made whole or create an unjust windfall in favor of Defendant tortfeasors.

The court otherwise held on appeal that the Plaintiff’s evidence at trial amply supported the jury’s award of over $11.4 million dollars in compensatory and punitive damages.

The Superior Court otherwise affirmed the trial court’s decision in concluding that the jury’s verdict was not against the weight of the evidence.

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


Source: “The Legal Intelligencer State Appellate Case Alert,” www.Law.com (Aug. 6, 2025).

Source of image:  Photo by Nick Fewings on www.unsplash.com.