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Defense Digest

On the Pulse…Our Philadelphia, Pennsylvania, Office

Defense Digest, Vol. 28, No. 12, December 2022

December 1, 2022

by Butler Buchanan, III

As the managing attorney of the Philadelphia office of Marshall Dennehey, I am happy to have this opportunity to tell you about our corporate headquarters office.

Housing the largest contingent of lawyers in the firm, the attorneys in our Philadelphia office protect the interests of our clients in all four of the firm’s departments—Casualty, Professional Liability, Health Care Liability and Workers’ Compensation. The three members of our firm’s Executive Committee—G. Mark Thompson (CEO and President), Howard P. Dwoskin (Chairman of the Board of Directors and Treasurer) and Craig S. Hudson (Senior Vice President and Assistant Treasurer)—maintain offices in Philadelphia.

In addition to our attorneys, many of the backroom operations of the firm are handled by personnel in the Philadelphia office, and all non-lawyer administrative directors are based here including Colleen Bannon, our Chief Operating Officer. Colleen has a storied history with the firm (more than 40 years!), and before her promotion to COO, she was a practicing shareholder and also held the positions of Director of Human Resources and Director of Litigation Support. With oversight for our 19 offices across seven states, she is in frequent consultation with members of the Executive Committee and all of our office managing attorneys.

Frank Stransky, Chief Financial Officer, is housed in Philadelphia, along with Pattie Day, Director of Billing and Accounting. Between the two of them, all issues concerning billing, accounting and finance are managed firmwide.

Nané Pr’Out, Director of Information Technology, is also housed in the Philadelphia office. Nané manages a team of over 40 IT professionals who provide support for all operations of the firm. From time to time, some attorneys questioned whether we needed such a large IT department. When COVID–19 hit in March of 2020, thanks to the IT Department, we were able to have over 1,100 employees connected and working from home in less than one week. After that, those same attorneys were saying, “I am so happy that we have such a big IT Department.” Our IT team is first rate and does all that it can do to facilitate the practice of law at Marshall Dennehey.

Karen Williams is Marshall Dennehey’s Director of Human Resources. She and her team provide all manner of support in reference to a myriad of human resources issues, in addition to managing the firm’s comprehensive benefit program. They also facilitate our annual United Way giving campaign.

Joseph Goldshear and Jennifer Becker currently serve as Co-Directors of Marketing & Business Development at the firm. Joe has been in that role for 14 years and will be stepping down at year-end 2022, when Jennifer will take over the role in full. We are fortunate that Joe will remain with the firm as a Senior Advisor, to provide assistance to Jennifer as she progresses through her first full year as director. Backed by a creative and impressive group of marketing and public relations professionals, the marketing team works hard to promote the good works of our individual attorneys and the firm as a whole.

Lisa Ricchezza is our Director of Paralegal Services with oversight for our approximately 130 paralegals spread throughout our 19 offices. Lisa travels to the various offices and provides training, direction, assistance and guidance to our paralegal team. Our paralegals are an integral part of Marshall Dennehey and provide first-rate, cost-effective representation on behalf of our clients.

Christopher Hansen is the firm’s Director of E-Discovery and Litigation Support. In the cyber world, the management of documents in a litigation setting can be a massive undertaking. Getting these documents into a format in which they can be reviewed, and also arranging for relevant documents to be presented at trial, is often beyond the technical capabilities of our lawyers. Fortunately, Chris and his team provide ample guidance in that regard.

Lawrence Schempp is our Director of Professional Development. Larry arranges a number of associate training events across the firm each year that provide advice and direction on how to succeed in protecting our clients’ interests. Larry also orchestrates an in-house mock trial academy each summer where eight senior associates are selected to try a case in the mock trial courtroom of our Philadelphia office. Our summer law clerks serve as the jury, and seasoned trial lawyers at the firm serve as faculty. Participants are critiqued in the areas of opening statements, direct and cross-examination, and closing arguments. While the participants find the trial to be somewhat nerve-racking, they always express gratitude for the learning process and experience. Lastly, Larry oversees the provision of CLE credits in each of the seven states where the firm maintains offices. The content of the CLEs is wholly relevant to civil defense litigation practitioners.

Sandy Caiazzo is Marshall Dennehey’s Director of Administrative Services. Sandy manages all administrative assistants in the firm as well as their supervisors and managers. She also serves as the firm’s Lateral Integration Coordinator. Like COO Colleen Bannon, and many other employees of the firm, Sandy has never worked any place other than Marshall Dennehey. She joined the firm out of high school and has been with us for over 40 years.

Jay Rothman is General Counsel to the firm and is assisted in that role by Shane Haselbarth. Both Jay and Shane have only worked at Marshall Dennehey. Prior to being named General Counsel, Jay had a robust practice in the Professional Liability Department. Shane is an accomplished member of our firm’s Appellate Advocacy Practice Group and maintains that work while assisting Jay on the many issues that confront the firm. We are lucky to have two such astute lawyers to protect the firm.

Now that I have highlighted several firm leaders housed in the Philadelphia office, I want to highlight a few Philadelphia office attorneys.

John Hare is a member of the firm’s Board of Directors and Chair of our Appellate Advocacy and Post-Trial Practice Group. John has litigated more than 500 appeals in the state and federal appellate courts and is a Fellow of the American Academy of Appellate Lawyers. John formerly served as Chair of the Pennsylvania Supreme Court’s Civil Procedural Rules Committee. He has edited and co-authored two books on Pennsylvania appellate courts. The Supreme Court of Pennsylvania, Life and Law in the Commonwealth, 1684-2017 was published by the Pennsylvania State University Press in 2018, and Keystone of Justice: The Pennsylvania Superior Court, 1895-1995 was published by the Commonwealth of Pennsylvania in 2000.

Mohamed Bakry is a young shareholder at Marshall Dennehey. An active member of the volunteer community, Mohamed serves as Chair of the Board of Justice for Our Neighbors of the Delaware Valley, an immigration legal service nonprofit organization. He is also the Second Vice President of Board of Directors of The Lawyers’ Club of Philadelphia, a social and educational organization working to promote comradery among members of the bench and the bar in the Philadelphia area. Mohamed is passionate about, and dedicated to, the principles of diversity and inclusion, and he currently serves on Marshall Dennehey’s Diversity, Equity & Inclusion Committee. He is also a member of the Federation of Defense & Corporate Counsel, an association of vetted and premier defense and corporate counsel and industry executives dedicated to leading the profession by advancing the principles of integrity, professionalism and civil justice.

Melanie Foreman, associate in the Casualty Department, is heavily involved in the Philadelphia legal community. She is a board member of Community Legal Services of Philadelphia (CLS) and co-chairs its Leadership Council and Board Development Committee. Melanie is the founder and Chair of Justice Rising, a young professionals’ organization associated with CLS that is dedicated to access to justice for all. She is also a member of the Board of Governors of the Philadelphia Bar Association and sits on the association’s Large Firm Associates Committee. Finally, Melanie was recently invited to join the Board of Trustees of the Philadelphia Bar Foundation, which is the charitable arm of the Philadelphia Bar Association.

We are proud of John, Mohamed and Melanie, and the many other attorneys in our Philadelphia office and elsewhere who are doing incredible things that are law-related, but also outside of the practice of law at the firm.

Lastly, the Philadelphia office, and our neighboring offices throughout the region, reached a significant milestone in 2022. For the 10th consecutive year, Marshall Dennehey was selected one of the Philadelphia region’s “Best Places to Work” by the Philadelphia Business Journal. The award recognizes the firm’s achievements in creating a positive work environment that attracts and retains employees through a combination of benefits, working conditions and company culture. We are proud of this recognition, as expressed by our President & CEO, G. Mark Thompson: “Ten years is a long time to be recognized for anything and the fact that our employees remain engaged and happy makes us think we must be doing something right. A lot has happened in the past decade, but through it all we have emerged stronger together. I could not be prouder of our firm and all of our employees, and we will continue to do whatever we can to continue to improve our working environment so that all of our employees have the opportunity to succeed.”

I hope that this overview provides you with some idea of the scope of the operation in the Philadelphia office that I am so privileged to participate in managing. I also hope that each of you reading this has a wonderful and peaceful Holiday Season and I wish you a happy and healthy 2023.

*Buck is the managing attorney of our Philadelphia, Pennsylvania, office. He can be reached at 215.575.2661 and BBBuchanan@mdwcg.com.

 

Defense Digest, Vol. 28, No. 12, December 2022, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2022 Marshall Dennehey. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.

Firm Highlights

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict. 

Thought Leadership

Pennsylvania Superior Court Reaffirms Liberal Pleading Standard in Medical Malpractice Actions

Legal Roundup: Pennsylvania The Pennsylvania Superior Court has reinforced a broader fact-pleading approach that may make it more difficult for health care defendants to obtain dismissal at the preliminary objection stage. In DaSilva v. Abington Memorial Hospital, the court held that the plaintiffs’ second amended complaint satisfied Pennsylvania’s fact‑pleading requirements despite the absence of individually named negligent actors. In DaSilva, the plaintiffs filed a second amended complaint alleging that Abington Memorial Hospital was directly and vicariously negligent after the patient, who was experiencing a mental health crisis, was left unattended by hospital staff, exited the emergency department, and was struck by a vehicle, suffering serious injuries. The trial court sustained the hospital’s preliminary objections and dismissed the complaint with prejudice, stating plaintiffs “failed to plead any material factual allegations in support of their claims of negligence [and] set forth vague allegations of negligence and unidentified agency.” Id. at *5. The plaintiffs appealed. On appeal, the Superior Court reversed, holding that the complaint sufficiently pled negligence and vicarious liability claims under Pa.R.C.P. 1019(a). The court concluded that allegations describing the patient’s condition, the hospital’s awareness of that condition, and the alleged failure to monitor or prevent elopement were adequate to satisfy Pennsylvania’s pleading requirements. Significantly, the court rejected the hospital’s argument that the complaint failed because it did not identify the specific employees responsible for the alleged negligence. Instead, the court found that generalized references to “emergency room staff” were sufficient to place the hospital on notice of the claims because “the names of those who performed services for the plaintiff are known to the defendant or can be ascertained during discovery.” Id. at *12 (citing Est. of Denmark ex rel. Hurst v. Williams, 117 A.3d 300, 307 (Pa. Super. 2015)). The effect of DaSilva is that plaintiffs may proceed past the pleading stage with relatively generalized allegations, particularly in cases involving institutional defendants where relevant details are uniquely within the defendant’s control. As a result, health care defendants should anticipate that challenges to claim sufficiency may be resolved in the later stages of litigation, including discovery and summary judgment.

Thought Leadership

The Ohio Supreme Court Extends Sham-Affidavit Rule to Contradictory Expert Reports

Legal Roundup: Ohio In its June 23, 2026, decision in Moore v. Mercy Medical Center, the Ohio Supreme Court upheld a trial court’s decision to strike an expert witness’s affidavit that contradicted the opinions expressed in the expert’s prior report. This case pertains to allegations of medical malpractice after plaintiff Cheri Moore gave birth to an infant in respiratory distress who required intubation. Moore alleged that a delay in ordering an emergency cesarean section resulted in the need for intubation, causing her child’s injuries. Specifically, Moore sued Dr. Meniru, who completed his first shift at 7:00 a.m. on May 28, 2015, and did not resume treating Moore until 7:00 a.m. on May 29, 2015. One of Moore’s expert witnesses authored a report stating that the doctors, including Dr. Meniru, deviated from the standard of care by not advocating for a cesarean section in the evening of May 28, 2015. Based on this report, Dr. Meniru moved for summary judgment, arguing that the alleged breach occurred during a period when he was not on duty. In response to the summary judgment motion, the plaintiff filed an affidavit from the same expert. Although the expert expressly incorporated his previous report into his affidavit, he also offered an additional opinion: that Dr. Meniru breached the standard of care by failing to begin a cesarean section within 30 minutes of receiving reports of fetal distress. Dr. Meniru filed a motion to strike the expert’s affidavit, arguing that it contradicted the opinions set forth in his prior report in violation of the sham-affidavit rule. The sham-affidavit rule applies to “a contradictory affidavit that indicates only that the affiant cannot maintain a consistent story, or is willing to offer a statement solely for the purpose of defeating summary judgment”. Moore, supra, at ¶ 19, citing Pettiford v. Aggarwal, 126 Ohio St.3d 413, 2010-Ohio-3237. The trial court granted both the motion to strike and the motion for summary judgment, and the Fifth District affirmed. The Ohio Supreme Court accepted two questions of law: (1) whether the sham-affidavit rule applies when the sworn testimony contradicts prior unsworn statements; and (2) whether an inconsistency within the affidavit goes to credibility or admissibility, justifying an order striking the affidavit. Previous rulings by the Ohio Supreme Court regarding the sham-affidavit rule have pertained to contradictions between an affidavit and sworn deposition testimony. See, e.g., Byrd v. Smith, 2006- Ohio-3455, 110 Ohio St.3d 24, 850 N.E.2d 47. However, here, the Court was asked to apply the same rule to contradictions between a sworn affidavit and an unsworn expert report. The Court held that, because Moore’s expert incorporated his prior report into his affidavit, he effectively adopted the report as part of his sworn testimony.

News

106 Marshall Dennehey Attorneys Recognized in the 2027 Editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America

Marshall Dennehey is proud to highlight the firm’s 106 attorneys who have been recognized in the 2027 editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America. Less than 6% of all practicing lawyers in the U.S. were selected by their peers for this recognition. Additionally, four of the firm’s attorneys received the Best Lawyers® 2027 “Lawyer of the Year” awards in their respective practice areas and demographic regions. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. For more information, please visit https://www.bestlawyers.com/. OUR 2027 LAWYERS OF THE YEAR Harrisburg, PA Christopher Reeser, Personal Injury Litigation - Defendants Kacey Wiedt, Workers Compensation Law - Employers Roseland, NJ Justin F. Johnson, Medical Malpractice Law - Defendants Leonard Leicht, Personal Injury Litigation - Defendants   OUR 2026 BEST LAWYERS IN AMERICA Philadelphia, PA Nicholas D. Bowers, Personal Injury Litigation - Defendants Josh J. T. Byrne, Professional Malpractice Law - Defendants Jefferey J. Chomko, Insurance Law James H. Cole, Insurance Law John J. Delany III, Personal Injury Litigation - Defendants Laurianne Falcone, Personal Injury Litigation - Defendants John P. Gonzales, Employment Law - Management John Hare, Appellate Practice Daniel D. Krebbs, Personal Injury Litigation - Defendants Michele Punturi, Workers' Compensation Law - Employers Bradley D. Remick, Product Liability Litigation - Defendants Andrea Cicero Rock, Workers' Compensation Law - Employers Robin M. Romano, Workers' Compensation Law - Employers Daniel J. Ryan, Jr., Personal Injury Litigation - Defendants Gary M. Samms, Professional Malpractice Law - Defendants Christopher N. Santoro, Personal Injury Litigation – Defendants; Product Liability Litigation -Defendants Josh D. Scheets, Personal Injury Litigation - Defendants Robert P. Schenk, Workers' Compensation Law - Employers Robert E. Smith, Insurance Law Robin Snyder, Litigation - Health Care Michael L. Turner, Commercial Litigation; Criminal Defense: White-Collar; Mass Tort Litigation / Class Actions - Defendants Claire Breaux Ventola, Product Liability Litigation - Defendants Pittsburgh, PA Melissa Devich Cochran, Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation - Defendants  John F. Deasy, Personal Injury Litigation – Defendants; Product Liability Litigation - Defendants Daniel W. Deitrick, Workers' Compensation Law - Employers Douglas C. LaSota, Litigation - Construction; Mass Tort Litigation / Class Actions - Defendants Joseph V. Lesinski, Product Liability Litigation – Defendants   Christian D. Marquis, Personal Injury Litigation - Defendants Patricia A. Monahan, Insurance Law; Litigation - Insurance Patrick T. Reilly, Commercial Litigation; Mass Tort Litigation / Class Actions – Defendants; Product Liability Litigation - Defendants Brett C. Shear, Medical Malpractice Law - Defendants Teresa O. Sirianni, Education Law; Employment Law – Management; Litigation - Labor and Employment Stuart Sostmann, Product Liability Litigation – Defendants Danielle M. Vugrinovich, Mass Tort Litigation / Class Actions - Defendants Scranton, PA Sarah E. Argo, Litigation - Insurance Michael J. Connolly, Personal Injury Litigation – Defendants; Professional Malpractice Law - Defendants Matthew Keris, Litigation - Health Care; Medical Malpractice Law - Defendants John T. McGrath, Jr., Insurance Law; Medical Malpractice Law – Defendants; Product Liability Litigation - Defendants William J. McPartland, Insurance Law John R. Nealon, Product Liability Litigation - Defendants Victoria Scanlon, Health Care Law; Litigation - Health Care; Medical Malpractice Law - Defendants Michael A. Sebastian, Workers' Compensation Law - Employers Thomas A. Specht, Insurance Law; Litigation - Insurance Suzanne Tighe, Litigation Insurance Harrisburg , PA Casey Alan Coyle, Administrative/Regulatory Law; Appellate Practice; Commercial Litigation Brittany E. Bakshi, Personal Injury Litigation - Defendants Shannon P. Fellin, Workers' Compensation Law - Employers Allison Krupp, Insurance Law John R. Ninosky, Litigation – Insurance; Personal Injury Litigation - Defendants Christopher Reeser, Personal Injury Litigation - Defendants Kacey Wiedt, Workers' Compensation Law – Employers King of Prussia, PA  Michael L. Detweiler, Construction Law Joseph L. Hoynoski III, Medical Malpractice Law - Defendants Gregory J. Kelley, Construction Law, Litigation - Construction Anthony Natale III, Workers' Compensation Law - Employers Francis X. Wickersham, Workers' Compensation Law - Employers A. Judd Woytek, Workers' Compensation Law – Employers Erie, PA Patrick M. Carey, Personal Injury Litigation - Defendants Joel M. Snavely, Health Care Law; Insurance Law New Haven, CT Michael Wrona, Commercial Litigation, Litigation - Bankruptcy  Mount Laurel, NJ David D. Blake, Litigation - Insurance Barbara Davis, Personal Injury Litigation - Defendants Lynne Nahmani, Litigation - Health Care John H. Osorio, Personal Injury Litigation - Defendants John L. Slimm, Legal Malpractice Law – Defendants; Professional Malpractice Law – Defendants Roseland, NJ Robert T. Evers, Medical Malpractice Law - Defendants Justin F. Johnson, Medical Malpractice Law - Defendants Julia Klubenspies, Medical Malpractice Law - Defendants Leonard C. Leicht, Personal Injury Litigation - Defendants Patricia M. McDonagh, Appellate Practice Sunny Sparano, Litigation - Construction Randall S. Watts, Health Care Law New York, NY Tonya M. Lindsey, Medical Malpractice Law - Defendants Tampa, FL Michael Archibald, Personal Injury Litigation - Defendants Lindsay G. McCormick, Litigation – Construction Orlando, FL Thomas F. Brown, Personal Injury Litigation - Defendants Dante C. Rohr, Commercial Litigation Fort Lauderdale, FL Kimberly Kanoff Berman, Appellate Practice Patrick M. Delong, Personal Injury Litigation – Defendants Jacksonville, FL  Heather Byrer Carbone, Workers' Compensation Law - Employers Linda Wagner Farrell, Workers' Compensation Law - Employers Elizabeth B. Ferguson, Litigation - Construction James P. Hanratty, Personal Injury Litigation – Defendants Wilmington, DE Sarah B. Cole, Litigation - Insurance Benjamin K. Durstein, Workers' Compensation Law - Employers Maria R. Granaudo, Medical Malpractice Law - Defendants  Keri L. Morris-Johnston, Workers' Compensation Law - Employers Cincinnati, OH Timothy B. Schenkel, Personal Injury Litigation - Defendants David E. Williamson, Personal Injury Litigation - Defendants Cleveland, OH Vincent E. Cononico, Litigation – Insurance, Personal Injury Litigation - Defendants Jillian L. Dinehart, Personal Injury Litigation - Defendants David J. Fagnilli, Insurance Law Jason P. Ferrante, Health Care Law, Litigation - Health Care Andrew H. Isakoff, Transportation Law Leslie M. Jenny, Litigation - Health Care; Medical Malpractice Law – Defendant OUR 2026 BEST LAWYERS: ONES TO WATCH Jacksonville, FL Sean J. Reeves, Personal Injury Litigation – Defendants; Product Liability Litigation - Defendants Orlando, FL Carolin A. Pacheco, Insurance Law Mount Laurel Stacey Gorin, Insurance Law Melville, NY Kimberly Gitlin, Personal Injury Litigation – Defendants Matthew A. Gray, Insurance Law; Personal Injury Litigation - Defendants Philadelphia, PA Holli K. Archer, Health Care Law; Medical Malpractice Law – Defendants; Professional Malpractice Law Emily Pritchyk, Commercial Litigation; Product Liability Litigation – Defendants Pittsburgh, PA Taylor E. Kosko, Mass Tort Litigation / Class Actions – Defendants; Personal Injury Litigation - Defendants Alana Staniszewski, Workers' Compensation Law - Employers Michael D. Winsko, Product Liability Litigation – Defendants; Transportation Law King of Prussia, PA Richard Lechette, Commercial Litigation; Insurance Law, Personal Injury Litigation – Defendants