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John T. McGrath Jr.

Office Managing Attorney

Co-Chair, Automobile Liability Practice

Portrait of John T. McGrath Jr.

John (Jack) is a member of the Casualty Department and co-chair of the firm's auto liability practice. He focuses his practice on the defense of auto liability, representing over a thousand automobile cases to conclusion. The majority of cases ended in defense verdicts or verdicts lower than the settlement offers. Jack is also the managing shareholder and casualty supervising attorney of the firm's Scranton office with responsibility for the daily operations and oversight of the office's attorneys and support staff.

Jack is a graduate of Penn State University and a former member of law enforcement, having worked for the Lackawanna Sheriff's Department. While attending the Widener University School of Law, Jack worked as the commercial sales manager for ADT Security Systems in Philadelphia and southern New Jersey from 1988 through 1996.

Jack joined Marshall Dennehey in January of 1997 and became a shareholder in 2004. He is currently the lead attorney for the Dunmore High School Mock Trial Team and a basketball coach in his community.

    • Widener University Delaware Law School (J.D., 1995)
    • The Pennsylvania State University (B.S., 1985)
    • Pennsylvania, 1996
    • U.S. District Court Middle District of Pennsylvania, 1996
    • AV® Preeminent™ by Martindale-Hubbell®
    • The Best Lawyers in America©, Insurance Law; Medical Malpractice Law - Defendants; Product Liability Litigation - Defendants (2024-2026)
    • American Board of Trial Advocates
    • Lackawanna County Bar Association
    • Luzerne County Bar Association
    • Pennsylvania Bar Association
    • "The Relationship Between the Handling Attorney and the Claims Professional in Auto Liability," Defense Digest, Vol. 22, No. 1, March 2016
    • Defense of several auto cases in which the plaintiffs were killed. In each of these cases the demand was far in excess of the policy limits.
    • Defense of numerous auto cases involving pedestrians. Many of these cases have been tried to defense verdicts where the plaintiffs' injuries far exceeded the available coverage.
    • Defense of a hospital where the plaintiff was one of their own staff physicians who had a seizure while at work and was unable to return to his position as a physician. The allegations were that more should have been done initially when he had the seizure and the hospital should have been better equipped to deal with such situations. The lost wages alleged in this matter were over $7 million.
    • Defended an auto case in which the plaintiff was killed and plaintiff's counsel evoked the Dead Man's Rule. We were able to show that his expert, a state police officer, had interviewed our insured, thereby negating the Dead Man's Rule. The Superior Court agreed with our argument, and the defense verdict that we obtained in this litigation was upheld.
    • Defended an oncologist in a case where the plaintiff, an ophthalmologist who claimed he could no longer work, had multiple experts, including vocational, economic, psychiatric, orthopedic, and neurological practitioners. The initial demand was for our policy limits of $500,000. Through the use of our experts in a non-binding mediation, we were able to show the plaintiffs' experts would not hold up in front of a jury, and the case resolved for an amount far below the policy limits.
    • Obtained defense verdicts in several auto cases in northeast Pennsylvania where the underinsured motorist claims had gone to arbitration and six-figure awards have been granted. Most involved a minor impact with just soft tissue injuries.

Results

Thought Leadership

Defense Digest

On the Pulse…Our Scranton, Pennsylvania, Office

June 1, 2023

The Scranton office of Marshall Dennehey is now in its 30th year. The firm began in Scranton with two attorneys practicing workers’ compensation law. Over the years, it has grown, and today, when it is at full capacity, there are 23 lawyers in the office. Attorneys presently working in the Scranton office, including myself, Ben Nicolosi, Leo Bohanski, Ross Carrozza, Pat Boland, and Robert Smith, have been with the firm over two decades. Many of those just mentioned have been here for over 25 years, and Ross has been here since the office opened. Over the last few years, several of our longest-tenured and esteemed attorneys have retired. Jim Pocius, John Aponick, Jim Wilson, Joe Vender, and Jennifer Callahan all retired, each having had between 20 and 30 years experience with the firm. Replacing that talent is almost impossible, but we have been very fortunate to bring on some young attorneys and lateral hires who have allowed our office to continue to flourish and grow. The experience and talent in our practice department is unmatched in Northeastern Pennsylvania. Those groups include workers’ compensation, casualty, professional liability, and health care. The workers’ compensation group is led by Mike Sebastian. Mike has worked in the workers’ compensation realm for over 30 years and has a long and distinguished list of clients who rely on him for all their workers’ compensation matters. As he has for many years, Ross Carrozza also ably litigates workers’ compensation cases. In addition, Ross is a leading expert in Medicare Set-Asides. The 60 years of combined experience possessed by Mike and Ross in workers’ compensation is an asset to the Scranton office and allows us to handle the most involved and difficult workers’ compensation cases.  The Casualty Department in the Scranton office presently has six attorneys: Ben Nicolosi, John Nealon, Leo Bohanski, Sarah Argo, Mike Connolly, and myself. Our experience in the casualty arena is envied by all of our competitors. Collectively, the department has tried over 200 cases to verdict in the counties in which we serve. Presently, I act as the firm’s Auto Liability Practice Group Chair. Ben Nicolosi handles high-profile trucking accident and product liability matters. Although many of the cases the department handles contain requests for punitive damages, no one in our department has ever been hit with a punitive damage award. Considering the volume of cases we handle and their serious nature, that is truly an accomplishment. There is not a casualty case or issue the Scranton office has not handled, and handled effectively. The Casualty Department litigates auto accidents, dram shop cases, product liability matters, construction defect cases, slip and falls, and any other type of casualty case that finds its way to our office.  Our Professionally Liability Department, when fully staffed, is the largest department in our office. Presently, William McPartland, who is the Co-Chair of our Special Education Law Practice Group, works with several school districts throughout Northeastern Pennsylvania. Many of the school districts in Luzerne, Lackawanna, and the outlying counties rely on Will for all of their education law practice needs. He also handles employment law and civil rights cases. Mark Kozlowski and Patrick Boland have very similar practices, which include civil rights, municipal, and professional liability practice litigation. They represent attorneys, engineers, and architects, and do a significant amount of work with homeowners associations and any disputes arising therein. Their practice continues to grow. Presently, Jordan Mazzoni, an associate, works with both of them, assisting with their growing practice.  Rob Smith is also in the Professional Lability Department, handling (almost exclusively) bad faith cases. Rob has a very large practice in this extremely specialized area, and several carriers look to him to handle their bad faith litigation. Underinsured motorist and uninsured motorist cases continue to be one of the biggest practice areas in the state for bad faith. Rob would certainly be considered an expert in that area.  Finally, Tom Specht is a member of our Appellate Advocacy and Post-Trial Practice Group. He litigates appeals in state and federal courts, having done so for the past 25 years. He also handles serious and complex pre-trial matters/motions (of a dispositive nature) and assists trial counsel in their preparation for trial, as well as appellate trial monitoring and motion/strategic assistance at trial. Tom’s practice is extremely varied, in that he litigates cases from every practice area within the firm and has the ability and experience to assist at any stage of the litigation process. He is a helpful, valuable resource for all of the attorneys in the office.  Our Professional Liability Department in the Scranton office is larger than those of all of our competitors in the area combined. This means that, if you were to put all of the professional liability attorneys in Northeastern Pennsylvania, other than those working for Marshall Dennehey, in one room, and the Marshall Dennehey attorneys in another, our department would outnumber the attorneys in the other room. Their expertise is unmatched. The variety of cases they handle is truly something to marvel at.  Last, but not least, is our Health Care Department. It is composed of five attorneys presently and will be expanding shortly. Victoria Scanlon is the supervising attorney in the Health Care Liability Practice Group of the Scranton office. She is an experienced litigator with nearly 20 years of experience representing physicians, midwives, nurse practitioners, nurses, physical therapists, hospitals, ambulatory service centers, and more. She also works with long-term personal care facilities and providers. Vicky has tried many cases to verdict and is an outstanding trial attorney.  Missy Dziak, a shareholder, as well, and has, for more than a decade, defended nurses, nurse practitioners, registered nurses, and really anyone in the health care field. She is licensed in both Pennsylvania and New York. Aside from medical malpractice, she also represents and advises one of the largest national independent food service distributors, providing strategic legal guidance in high-exposure litigation. Missy serves on Marshall Dennehey’s Diversity, Equality, and Inclusion Committee, which works to improve the recruitment, retention, and advancement of diverse attorneys and professionals. Missy is a member of the Pennsylvania Bar Association’s Commission on Women and Profession and the Promotion of Women. She also has tried several cases to verdict in both Pennsylvania and New York.  Matt Keris is a shareholder in the Health Care Department who defends doctors as well as long-term care facilities. He is the Chair of the Electronic Medical Record and Audit Trail Practice Group. Matt tried the first case in Pennsylvania to verdict during the COVID-19 pandemic in July of 2020. Matt is the president of the DRI Foundation, which focuses on wellness and charitable interests affiliated with the Defense Research Institute. He is a former DRI board member and is currently on the steering committee for the Annual Insurance Roundtable. Matt was formerly president of the Pennsylvania Defense Institute and continues to serve as co-chair of the Medical Malpractice Liability Committee. Finally, he has twice-served as president of the Pennsylvania Association for Healthcare Risk Management and is an active member of the Claims and Litigation Alliance for American Legal Connections. Matt has tried many cases to verdict with over 20 years of experience in the field.  Rob Aldrich has worked his entire career defending health care professionals and institutions against malpractice liability claims in Pennsylvania and New York. Rob specializes in defending dental malpractice and long-term care liability cases. Rob also has extensive experience defending trucking and transportation companies in auto liability cases. Finally, he serves as an at-large board member for the Pennsylvania Defense Institute.  Patty Lafferty also has been a great addition to the healthcare department. Patty has 20 years of litigation experience, with approximately ten years focusing solely on the defense of health care providers. She represents physicians, nurses, advance practice providers, physician group hospitals, and skilled nursing facilities in medical malpractice cases throughout Northeastern Pennsylvania. Prior to joining us, Patty tried cases as a prosecutor in the Lackawanna County District Attorney’s Office. She tried multiple felony and misdemeanor cases. She was also an Assistant City Solicitor for the City of Scranton, working with the mayor, prior to joining Marshall Dennehey. Patty is an active member in the legal community, serving on the Board of Directors for the Lackawanna County Bar Association.  As outlined above, the Health Care Department has tried dozens and dozens of cases to verdict. Their experience and knowledge makes them the leading medical malpractice department in Northeastern Pennsylvania.  Scranton continues to be fortunate in that we have an experienced support staff that can be depended on to go well above and beyond their job classifications. We have several paralegals and administrative support staff who have been with us for 10-25 years. Their dedication to their jobs and the attorneys they work with is appreciated. Each and every one of them can be counted on to assist in any project or trial that may be on the horizon. They are willing and able to help when others are either out of the office or overworked. The teamwork and comradery amongst and between them is an asset to our firm.  The team of professionals assembled in the Scranton office provides outstanding legal services to all of the clients. Presently, our footprint in Pennsylvania consists of Tioga, Bradford, Susquehanna, Wayne, Lycoming, Sullivan, Wyoming, Montour, Columbia, Lackawanna, Luzerne, Pike, Monroe, and Carbon counties, as well as the Middle and Eastern Districts of Pennsylvania, and the Third Circuit Court of Appeals.  All of the attorneys mentioned above live and, for the most part, grew up in the Northeast Pennsylvania area. Our knowledge of the courts, judges, and the procedures followed in each of the counties and federal courts around us allows this office to represent our clients in a professional and efficient manner, which the courts truly appreciate. Our attorneys are on a first-name basis with many of the judges we litigate before and their support staff. This allows us to represent our clients in a way that is unrivaled in the area. Also interesting is the differences in the counties in which we work. Most of the counties would be considered extremely conservative, but three of them are considered by our clients to be leaning liberal or extremely liberal. Having the knowledge to navigate these counties and courts goes a long way in providing the best advice and representation to our clients.  Our office’s experience and ability to handle a wide variety of cases at any stage of the litigation process—investigation, pretrial, discovery, trial, arbitration, mediation, settlement, or appeal—allows our clients to rest easy, knowing that they are getting excellent representation no matter the type of case or its procedural posture. The amount of work we receive in Northeastern Pennsylvania from our clients is greatly appreciated, and I believe is attributable to the fine work done by each of our attorneys, paralegals, and administrative staff. We are simply the best law firm (not just defense) in Northeast Pennsylvania.     Defense Digest, Vol. 29, No. 2, June 2023, 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. © 2023 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

Thought Leadership

SIDEBAR: News and Happenings

We are pleased to share that attorneys from our health care team have been selected to the 2026  New Jersey and Pennsylvania Super Lawyers and Rising Stars lists. Their dedication to clients and commitment to high-quality work continues to strengthen our firm! Please join us in congratulating: NJ Super Lawyers: Robert T. Evers and Justin F. Johnson NJ Super Lawyer Rising Stars: Nataliana A. Guida  2026 Pennsylvania Super Lawyers: Alyson J. Kirleis and Gary M. Samms 2026 Pennsylvania Rising Stars: Holli K. Archer and Daniel Dolente Victoria Scanlon (Scranton) was a faculty presenter at the 2026 American Roentgen Ray Society (ARRS) Annual Meeting in Pittsburgh. She participated in the “Resident Symposium: Producing Quality Reports,” focusing her presentation on “How to Write a Great Report: Malpractice Lawyer’s Perspective.” Vicky, the only attorney presenter for this two-hour segment, was joined by several health care professionals including diagnostic radiologists, an interventional radiologist, an internal medicine physician, and a radiologist turned AI entrepreneur expert.  Matthew Keris (Scranton), President of the Pennsylvania Association for Health Care Risk Management (PAHCRM) and shareholder in our Scranton Health Care Department, presented an important and timely session titled “Keynote Address: A Conversation with RaDonda Vaught on Criminalizing Errors” at PAHCRM’s Annual Meeting in April. RaDonda is a former Tennessee nurse widely known for being criminally convicted in 2022 of negligent homicide and gross neglect after a 2017 fatal medication error at Vanderbilt University Medical Center. Her case gained national attention because she was criminally prosecuted rather than just facing licensing board action, sparking debate over blaming individual nurses for systemic healthcare failures. Matt and RaDonda’s conversation explored one of the most consequential issues in health care risk management today—how systems respond to human error, and what it means for patient safety, accountability, and the professionals who serve on the front lines. Gary Samms was a panelist for a podcast hosted by the Medical Liability Monitor, “From Outliers to Pattern: The Increasing Predictability of Megaverdicts in the Med-Mal Industry – and How to Reduce the Likelihood of Getting Hit with One.” Gary discussed the changing megaverdict landscape and why “outlier” verdicts are becoming structural, in addition to how plaintiffs turn weaknesses into megaverdicts (including building emotional narrative and jury psychology). Thank you to our clients who joined us for our Trends in Health Care & Health Law seminar on May 14. Led by our Health Care Department Director and Assistant Director, Robin Snyder and Donna Modestine, the session explored key issues that are currently shaping outcomes in health care litigation. We owe a debt of gratitude to our esteemed guest speaker, Mary Ellen Nepps, Esq., Senior Counsel, University of Pennsylvania, who presented “Medical Malpractice Litigation: Driving Another Health Care Crisis in Pennsylvania.” And special thanks to our attorneys who presented and shared their insights, including John J. Hare and Holli Archer who discussed “Highlights in PA Medical Malpractice Law;” David Drake for his presentation, “From Claims to Courtroom: Key Trends in NJ Medical Malpractice Litigation;” and Matthew Keris with an “Update on Health Care Tech Discovery.” Thank you to all of our clients for entrusting us with your health care litigation. We are proud to partner with you as we defend your interests and navigate legal landscapes together.

Thought Leadership

Casual Care, Serious Consequences: How Informal Prescribing Can Trigger Medical Board Scrutiny

The lesson for health care practitioners is that regular review of the regulatory requirements can ensure compliance and that casual prescribing may be in violation of state regulations if the necessary components are not met. Consider the following scenario: in December 2025, a medical provider renewed a prescription for a long-standing telemedicine patient receiving a Schedule II controlled dangerous substance. This was not a violation of the New Jersey Administrative Code. Another provider doing the same action for an equally situated patient in March 2026 would be in violation. The casual prescriber who is not aware of newer regulatory requirements may have a more difficult time responding to a medical board complaint. Medicine is a highly-regulated helping profession. Without addressing the merits of this regulatory burden, the practice of medicine continues to see drastic changes impacting the everyday life of patient and provider. Telemedicine, COVID-19, and other advances and roadblocks, present a challenge to those saving lives while attempting to comply with the rules of practice. Physicians often discover—through real cases and the lens of regulatory expectations—that even well-intentioned informal help can be reinterpreted as stepping outside mandated professional boundaries, and seemingly harmless actions can be construed as deviations from required practice standards specifically outlined in Title 13, Chapter 35, Subchapters 7.1A of the New Jersey Administrative Code. Title 45, "Professions and Occupations," of the New Jersey code governs the practice of medicine, nursing, optometry, pharmacy, and many other professional occupations. Section 9 specifically addresses the state board of medical examiners and allows for the creation of rules and regulations in Section 45:9-5.3. These regulations can be found in the New Jersey Administrative Code Title 13, Chapter 35. While broad in scope, Chapter 35 contains a subchapter dedicated to the administration and dispensing of prescription drugs. Such knowledge will arm physicians with the tools they need to prevent a negative outcome if a medical board complaint is filed. Likewise, attorneys must be familiar with these regulatory requirements when advising and defending providers. In New Jersey, N.J.A.C. Section 13:35-7.1A(a) requires that a practitioner conduct an examination and appropriately document the same within the medical record before dispensing drugs or issuing prescriptions. The examination must include an "appropriate history and physical examination," a diagnosis based upon the examination and any testing consistent with good medical care, the formulation of a therapeutic plan discussed with the patient, and the availability of appropriate follow-up care. There are only six exceptions to this requirement: In admission orders for a newly hospitalized patient For a patient of another physician for whom the practitioner is taking calls For continuation medications on a short-term basis for a new patient prior to the patient's first appointment For an established patient who, based on sound medical practice, the physician believes does not require a new examination before issuing a new prescription For a patient examined by a healthcare professional who is in collaborative practice with the practitioner When treatment is provided by a practitioner for an emergency medical condition Emergencies are also limited to situations where someone's health is in serious jeopardy, there is serious impairment to bodily functions, or serious dysfunction of any bodily organ or part. During the COVID-19 pandemic, then New Jersey Governor Phil Murphy issued an executive order declaring a public health emergency and a state of emergency that allowed authorized prescribers to prescribe Schedule II controlled dangerous substances via telemedicine. The order was terminated when he left office earlier this year and the state reverted to the requirement of an initial in-person examination and quarterly in-person visits. With this return to prior regulatory requirements, practitioners subject to the jurisdiction of the board of medical examiners may benefit from a refresher on the regulatory limitations on their practice now that the pandemic-era flexibilities have ended. This new requirement may create confusion for prescribers and lead to casual prescribing of medication in violation of the regulations, even in the setting of recurrent telemedicine appointments as noted in the example above. Casual prescribing can take many forms: filling a prescription request from a friend or family member without an examination or contemporary medical record; using telemedicine to expand your practice without proper in-person appointments or documentation in the medical record; failing to ensure appropriate follow-up care for a "one time" prescription; etc. Although not all board complaints end in a publicly available opinion, serious deviations from regulatory requirements can shine a light on practices that will require action by the board if a complaint is received. Consider the following cases: In October 2025, the board issued a final consent order in an administrative action where a doctor provided opioids without examination and his license was permanently revoked. In re Robert Dela Gente, D.O., N.J. State Bd. of Med. Exam'rs Oct. 21, 2025. Criminal charges were filed (though that is not always the case). In a September 2025 consent order, a physician was reprimanded for "prescribing opioids several months in advance without the proper patient follow-up..." and explained that they did so for "patients who can not pay for multiple visits to refill medications." In re A/an E. Schultz, M.D., N.J. State Bd. of Med. Exam'rs Sept. 25, 2025. Another physician was suspended and placed on probation in a consent order for prescribing three patients the weight-loss medication "Ozempic" via text messages through a website called "Push Health" and without any further communication with the patients or taking a medical history. In re Laura E. Purdy, M.D., N.J. State Bd. of Med. Exam'rs Aug. 29, 2025. A June 2025 interim consent order required a "full evaluation and assessment of [a physician's] general knowledge and skill, with specific emphasis on his knowledge of and ability to safely prescribe [controlled dangerous substances]" due to his failure to review a patient's prior medical history and medical record, assess and review the prescription monitoring program before prescribing CDS, and conduct random urine screens on a patient that tested positive for CDS upon admission to his practice because "he trusted the patient." In re Donald Oh, M.D., N.J. State Bd. of Med. Exam'rs June 2, 2025. Each of these examples demonstrate a failure to follow strict procedure regardless of the intention. Failing to follow procedure secondary to good intentions, such as considering a patient's financial constraints, trust in the patient, or utilizing a new telemedicine service platform, will not be a defense to a board complaint. Especially when practicing via telemedicine, practitioners must ensure they are adhering to the appropriate regulatory standard. A provider who calls in a prescription for a traveling friend or family member or agrees to prescribe medication for individuals using the newest phone app will have a hard time meeting the requirements of N.J.A.C. Section 13:35-7.1A. Even if a history was taken, a "therapeutic plan" was created, and "follow up care" was provided, the prescriber would still not be in compliance with the regulation without an in-person examination. In our opening hypothetical, the prescriber's behavior did not change between December and March; however, the legal shift in the regulatory landscape made once acceptable behavior a violation as a required examination did not occur. When complaints are made with regard to informal prescribing, the board has discretion to employ measures to encourage compliance in lieu of formal proceedings such as a private, written warning; suspending fines subject to continuing compliance; medical or professional treatment as may be necessary; medical or diagnostic testing and monitoring; skills assessment; corrective training; participation in outreach programming; or contribution to the consumer fraud protection fund. The lesson for health care practitioners is that regular review of the regulatory requirements can ensure compliance and that casual prescribing may be in violation of state regulations if the necessary components are not met. Even compliant providers who had not conducted an in-person examination for telemedicine patients during the COVID-19 emergency would be in violation of the regulations as of January 2026 for the same practice. Practitioners should be diligent in adhering to the prescribing rules to avoid sanctions related to casual care. Likewise, attorneys advising or defending practitioners before the board must be aware of the in-person examination requirements for prescribing in New Jersey whether the care in question took place in-person or in a telemedicine setting. Reprinted with permission from the April 22, 2026 issue of the New Jersey Law Journal. ©2026 ALM Media Properties, LLC. Further duplication without permission is prohibited. All rights reserved.

News

Marshall Dennehey’s John J. Hare Brings Home Attorney of the Year Honors; Firm Named Litigation Department of the Year in Two Categories

Marshall Dennehey took home top honors in three categories at the The Legal Intelligencer’s 2026 Pennsylvania Legal Awards, held June 11 in Philadelphia. The first place awards include: Attorney of the Year: John J. Hare, Chair of the firm’s Appellate Advocacy & Post-Trial Practice Group and Executive Committee member, together with Charles “Chip” Becker of Kline & Specter Litigation Department of the Year, Appellate – Third Win in a Row! Litigation Department of the Year, Product Liability/Mass Torts “There is no one more deserving of Attorney of the Year honors than John. This award is a testament to his exceptional skill, dedication, and leadership—qualities that truly exemplify the very best of our firm,” said G. Mark Thompson, Marshall Dennehey’s President & CEO. “These honors also reflect the strength and depth of our product liability, mass torts, and appellate practices across Pennsylvania and beyond, underscoring our ongoing commitment to delivering outstanding results for our clients.” Attorney of the Year – John J. Hare, Marshall Dennehey, together with Charles “Chip” Becker, Kline & Specter Over the past year, John and Charles were opposing counsel in many of the highest-profile civil appeals in Pennsylvania. John is renowned as a preeminent appellate lawyer on the defense side, and Chip on the plaintiff's side. They have opposed each other repeatedly, exhibiting peerless professionalism and exceptional civility, while zealously litigating under the unremitting pressure of high-profile litigation and record-setting verdicts totaling more than $3.5 billion. They have also collaborated, outside of litigation, on many commissions, committees, and projects of importance to the Pennsylvania judiciary and legal community. Litigation Department of the Year – Appellate Law, Winner (previous winner, 2025 and 2024) 2025 was another standout year for the firm’s Appellate Advocacy & Post‑Trial Practice Group, led by John J. Hare, which was retained to challenge many of Pennsylvania’s “nuclear” verdicts—awards exceeding $10 million. Notably, the department persuaded the Pennsylvania Superior Court to reverse a Philadelphia judgment of $1.09 billion, the largest judgment ever overturned by a Pennsylvania appellate court. The group’s 11 full‑time Pennsylvania‑based appellate lawyers are at the center of Pennsylvania’s most high-profile matters, bringing more than 150 years of combined appellate experience. They routinely handle post‑trial and appellate matters and are frequently engaged to participate in and monitor trials in high‑exposure cases to ensure that critical legal issues are properly raised and preserved for appeal. Litigation Department of the Year – Product Liability/Mass Torts, Winner This marks the first win for the firm’s Pennsylvania Product Liability and Mass Torts practices, which operate within our Casualty Department, managed by Matthew Schorr and Jeff Rapattoni. For almost five decades, Fortune 500 product manufacturers/distributors and their insurers have turned to these groups to defend their litigation. Led by Bradley D. Remick and Vlada Tasich, our Product Liability group’s success can be attributed to its commitment to keeping abreast of ever-changing legal theories, judicial viewpoints, and evolving technology impacting the product liability landscape. Our attorneys have successfully handled thousands of product liability matters in all jurisdictions across the state. Likewise, our mass tort litigation practice – divided into Asbestos & Mass Tort, and Environmental & Toxic Tort Litigation –  has defended manufacturers, distributors, contractors, and premises owners in thousands of personal injury and other claims. Led by Kevin E. Hexstall and Patrick T. Reilly, most attorneys in these groups have more than 20 years of experience, and our seasoned trial team has tried hundreds of cases to verdict, consistently achieving strong results through both trials and settlements. In addition to these awards, Marshall Dennehey was a Litigation Department of the Year finalist for Professional Liability.

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.