Medical Malpractice Case Transferred Under Doctrine of Forum Non Conveniens

In the case of Gearhart v. Geisinger Health, No. 2025-CV-44 (C.P. Lacka. Co. June 5, 2026 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas granted the Defendants’ Motion to Transfer Venue of this case from Lackawanna County to Mifflin County under the doctrine of forum non conveniens.  

According to the Opinion in this medical malpractice case, Mifflin County Plaintiffs commenced a suit against a Mifflin County podiatrist and nurse practitioner, a Union County physician assistant, a Mifflin County hospital, and their employer and corporate parent, which were both headquartered in Montour County. 

After reviewing the evidence presented to the court, Judge Nealon noted that a trial of this matter in Lackawanna County, which is more than 130 miles from the sites of the primary treatment locations and associated evidence would be unduly burdensome for the individual Defendants and would impose considerable hardships relating to their professional and family responsibilities.  

The court also held that Mifflin County would provide far easier access to material witnesses possessing pertinent information and other sources of proof regarding the claimed negligence and damages.  

Accordingly, based upon a totality of the circumstances, the court found Lackawanna County was an oppressive forum for the continued litigation of the malpractice action.  Consequently, the court granted the Defendants’ Motion to Transfer the Case to the Court of Common Pleas of Mifflin County under Pa. R.C.P. 1006(d)(1).  

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