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Gary is a highly skilled trial attorney who has successfully handled more than 200 major jury trials throughout his career. With a primary focus on the health care industry, he represents doctors, nurses, health care practitioners, hospitals, and facilities of all types when facing catastrophic outcomes and medical malpractice lawsuits. Gary divides his time between our King of Prussia and Philadelphia offices. 

Gary is also experienced in complex civil litigation matters encompassing all areas of professional liability, sexual assault, property litigation and intellectual property. Representing clients in the federal and state courts, he has successfully argued before the Pennsylvania Supreme Court and the Third Circuit Court of Appeals, and he has handled scores of bench trials, arbitrations and mediations. He serves as a Judge Pro Tem for the Philadelphia Court of Common Pleas and is a trained mediator.

Prior to joining Marshall Dennehey, Gary chaired the Professional Liability and Catastrophic Loss practice groups at a well-known Philadelphia-based law firm. Gary was named one of Pennsylvania's Top 100 Lawyers and one of Philadelphia's Top 100 Lawyers five times, and has been recognized as a Pennsylvania Super Lawyer since 2006 by Pennsylvania Super Lawyers®. He is also recognized in the 2025 and 2024 editions of The Best Lawyers in America® for professional malpractice law – defendants.

Outside of the courtroom, Gary is a distinguished speaker and lecturer on litigation topics including trial tactics, expert selection and cross-examination. He has also been featured on Fox Business News' "Xpert Forum" program.

    • University of Arkansas School of Law
    • West Chester University
    • Pennsylvania, 1990
    • U.S. District Court Eastern District of Pennsylvania
    • Supreme Court of the United States
    • AV® Preeminent™ by Martindale-Hubbell®
    • The Best Lawyers in America©, Professional Malpractice Law – Defendants (2024-2027)
    • The Legal Intelligencer – Professional Excellence Award – “Distinguished Leader” (2020)
    • Pennsylvania Super Lawyers (2006-2026; Top 100 in Pennsylvania, 2009-2011, 2013-2014; Top 100 in Philadelphia, 2009-2011, 2013-2014)
    • Suburban Life Magazine – Top Attorneys (2013-2022)
    • American Bar Association
    • American Inns of Court
    • Defense Research Institute
    • Pennsylvania Bar Association
    • Philadelphia Bar Association
    • Secured a non-suit in a hotly contested matter with a pre-trial demand of $7 million dollars regarding the death of a neurologist after complications from a green light procedure for prostate issues. Plaintiffs contended thermal injury occurred, as well as a bladder perforation, infection, bladder removal and ultimately death and argued the hospital did not act appropriately and failed to have appropriate policies and procedures regarding the use of warm saline during the procedure. The corporate and direct negligence theories failed after Gary's cross-examination of their expert on voir dire determined that the plaintiff's expert was not qualified to offer opinions on hospital policies and procedures. Successful cross-examination had already occurred regarding the pathologist involved in the autopsy and the urologist who performed the procedure. The granting of a non-suit is a rarity at trial. (2026)
    • Obtained a unanimous defense verdict on behalf of an anesthesiologist who was accused of causing nerve damage during the performance of an adductor canal block during significant knee surgery.  The week-long trial was punctuated by emotional testimony about the plaintiffs’ limitations, however cross-examination of experts regarding the performance of the blocks and the nerves actually effected, and effective use of medical literature and cross-examination was the key to the defense verdict according to jurors afterwards. (2026)
    • Obtained a Non-Suit in a wrongful death case in Delaware County. The Court found upon Motion that there was no link to causation after extensive, nuanced argument. (2025)
    • After an 11-day trial, obtained a defense verdict on behalf of four physicians and a major teaching hospital in Philadelphia. The medical malpractice action involved the labor and delivery of a baby later alleged to have a hypoxic birth injury that caused developmental delays and permanent brain damage, among other issues. The plaintiffs’ experts boarded $21 million in future medical costs to take care of the child and the demand in the pretrial was commensurate with those numbers. (2025)
    • Secured a unanimous defense verdict in Philadelphia on behalf of a prominent orthopedic surgeon accused of inappropriate touching of a patient. The plaintiff alleged that the physician inappropriately touched her during a preoperative examination for bilateral hip surgery. Through meticulous cross-examination and persuasive argument, the defense team achieved a complete victory. (2025)
    • Obtained a dismissal in the middle of trial after cross-examining the plaintiff’s witnesses in a case involving a former NFL player and opera singer who contended they had permanent injuries after knee surgery and the failure to diagnose a pseudoaneurysm. Plaintiff’s counsel agreed to dismiss Gary and his client prior to the end of their case to prevent him from participating in the trial further, and decided to limit their recovery to the other defendants due to the successful cross-examination. (2025)
    • Secured a medical malpractice defense verdict in a complex urosepsis case where the damages included allegations of neurological sequelae and cognitive deficits. The trial was marked by aggressive cross-examination of expert witnesses and a deep dive into comprehensive neurological records and literature. (2025)
    • Received a defense verdict on behalf of an anesthesiologist after a six-day trial in Philadelphia. The plaintiffs had contended the anesthesiologist failed to deal with internal bleeding, blood pressure issues and failed to communicate with the surgeon during a Cesarean section and in the Post Anesthesia Care Unit (PACU), leading to the plaintiff almost bleeding out and causing the loss of her uterus during an emergency hysterectomy. The jury was receptive to the defense arguments that, in fact, the doctor not only complied with the standard of care, but exceeded it. (2024)
    • Achieved a unanimous defense verdict in a wrongful death case. The lawsuit included allegations of failure to workup and diagnose lung cancer. The 9-day trial revolved around the care provided by the primary care and orthopedic physicians. The plaintiffs claimed the patient’s symptoms were related to a Pancoast tumor that was undiagnosed, resulting in his death. Gary was able to establish with the jury the superiority of the defense experts by comparison, and explain there can be concurrent diseases and there was an objective reason for each and every one of the patient’s symptoms. (2024)
    • Secured a unanimous defense verdict on behalf of a cardiologist cardiologist who was accused of causing the death of a patient. The plaintiff contended the cardiologist should have immediately sent his patient to the hospital for an emergent cardiac catheterization due to unstable angina. Gary persuaded and convinced the jury that the patient indeed had stable angina and did not need urgent care, even though the patient died four days after the visit. (2024)
    • Secured a defense verdict on behalf of a gynecological surgeon facing accusations of damaging a woman’s ureters and urinary tract during a laparoscopic hysterectomy. The plaintiff claimed that the doctor’s alleged inexperience and negligence led to a transection of the ureter. Following the verdict, the jury emphasized that Gary’s cross-examination of the plaintiff’s experts played a pivotal role in the verdict. (2024)
    • Obtained a total dismissal of a hospital client after six days of trial. The matter involved allegations against the hospital for direct negligence and agency after a radical cystectomy, sepsis, perforation of the bowel and death. (2024)
    • Obtained a defense verdict on behalf of a urologist in a case involving testicular torsion. After a six-day trial the jury found the doctor was not liable for any injury sustained by the plaintiff. The key issue in the case revolved around presentation in the emergency room and the interpretation of an ultrasound as well as the presenting symptoms and complaints of the plaintiff. (2024)
    • Secured a unanimous defense verdict after a six-day trial on behalf of a primary care physician accused of failing to timely diagnose cancer. The unanimous verdict was reached after a thorough and aggressive cross-examination of experts. Gary persuaded the jury that the doctor’s actions were appropriate and that no CT screening was required for this patient despite their extensive smoking history. (2024)
    • After an 8-day trial regarding the death of a patient, Gary obtained a unanimous defense verdict on behalf of an interventional cardiologist. The plaintiff alleged the doctor was negligent in his interpretation of an echocardiogram and in the performance of a ventriculogram during a cardiac catheterization. Gary succeeded in presenting expert testimony from four different specialties to persuade the jury his client acted appropriately at all times. Aggressive cross-examination of plaintiffs' experts contributed greatly to the victory. (2023)
    • Secured a defense verdict after a nine-day trial where the jury found no liability for a primary care physician who was accused of making improper referrals to a weight loss physician and failing to work up a 36-year-old obese woman for cardiac issues. The decedent left behind a 4-year-old son and quadriplegic husband making the case extremely sympathetic. (2023)
    • Secured a unanimous defense verdict in Chester County on behalf of a podiatric surgeon after a six-day trial. Plaintiffs alleged the doctor failed to meet the standard of care by not closely observing a patient in follow-up post-surgery on a severe Charcot foot, allowing an infection that led to a below-the-knee amputation. The trial involved seven experts and complicated medicine regarding various infectious pathogens. (2023)
    • Secured a defense verdict for two anesthesiologists accused of malpractice. The plaintiffs had claimed the anesthesiologists failed to properly hydrate the patient during the procedure as well as adequately and appropriately monitor the blood pressure and heart rate. They were also criticized for extubating prior to the patient meeting the necessary criteria. The plaintiffs alleged the deficiencies resulted in poor perfusion to the bowel which led to necrosis and resection leaving the patient with short gut syndrome and cognitive deficits. The jury commented on the effective cross-examination and the quality of the defendants’ experts as being important in their analysis. Raymond Petruccelli was instrumental in the defense of this case. (2023)
    • Obtained a defense verdict for a lab director, hospital and health care system. Gary was asked to “parachute” in two weeks before trial and represent these health care providers. The complex case involved a lab mix-up that caused plaintiffs to have unnecessary surgery in the form of a radical prostatectomy for prostate cancer. The surgery caused complications of stress urinary incontinence and erectile dysfunction. The plaintiff made an eight-figure demand and the trial lasted eight days. (2023)

Results

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blue facade of a hospital sign against blue sky

Defense Verdict in Complex Medical Malpractice Trial

Hospital hallway photo of nurses and doctors walking away down hall photo

Defense Verdict Secured on Behalf of a Major Philadelphia Healthcare Provider

Thought Leadership

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Podcast/Webinar

Combatting Nuclear Verdicts in Plaintiff-Friendly Jurisdictions

October 30, 2025

In this podcast episode, John Delany, Gary Samms and John Hare discuss the best approaches for attorneys to prevent nuclear verdicts in the courtroom. https://legaltalknetwork.com/podcasts/insurance-law-podcast-am-best/2025/10/combatting-nuclear-verdicts-in-plaintiff-friendly-jurisdictions/

News

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Firm Highlights

Result

Summary Judgment Secured, Preserving $750,000 in Coverage for Insured in Major Trucking Liability Dispute

Ray Freudiger and Michael A. Roberts (both of Cincinnati) successfully obtained summary judgment on behalf of their client in a coverage dispute arising from a May 19, 2022, motor vehicle accident. A permissive driver operated a box truck for an interstate trucking company and caused severe injuries to two tort victims. Prior to the accident, the insured had procured a commercial auto policy for the trucking company with stated limits of $1,000,000. Following the accident, the insurer initiated a declaratory judgment action asserting that only reduced bodily injury limits of $25,000/$50,000 applied and later counterclaimed, alleging it would not have insured the driver had he been properly submitted for approval under the policy. After extensive discovery, briefing, and oral argument, the court rejected the insurer’s attempt to shift responsibility for the $750,000 in coverage it was legally required to provide for permissive drivers under Ohio law, granting summary judgment in favor of the insured and preserving $750,000 in liability exposure.

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

Best Lawyers in America Recognition

We are proud of the firm’s 16 medical malpractice 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. Special congratulations to Justin F. Johnson who was recognized as 2027 “Lawyer of the Year” in his jurisdiction for Medical Malpractice Law – Defendants. Best Lawyers: Ones to Watch • Holli K. Archer Best Lawyers in America: • Robert T. Evers • Jason P. Ferrante • Maria R. Granaudo • Joseph L. Hoynoski III • Leslie M. Jenny • Matthew P. Keris • Julia A. Klubenspies • Lynne N. Nahmani • John R. Ninosky • Gary M. Samms • Victoria Crawshaw Scanlon • Brett C. Shear • Joel M. Snavely • Robin B. Snyder

empty courtroom photo

Result

Summary Judgment Secured for Life Insurance Agent

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

blue facade of a hospital sign against blue sky

Result

Defense Verdict in Complex Medical Malpractice Trial

Jason Banonis Holds PDI Attorney of the Year Award with the PDI President

News

Jason Banonis Named Attorney of the Year by the Pennsylvania Defense Institute

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.

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.

Congratulations To Our 2026 Ohio Super Lawyers & Rising Stars! Super Lawyers: Thomas F. Glassman Personal Injury, General Defense. Rising Stars: Micheal A. Roberts Personal Injury, Medical Malpractice Defense, Gabriella M. Wittbrod Personal Injury, Medical Malpractice Defense

News

Marshall Dennehey Announces 2026 Ohio Super Lawyers and Rising Stars