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Suzanne M. Utke

Portrait of Suzanne M. Utke

Suzanne defends physicians, nurses, and all manner of health care professionals and corporate health care facilities against medical and psychiatric malpractice claims and lawsuits. She also focuses her practice on the defense of behavioral health claims and claims involving medical devices and associated liability. In addition, she represents physicians and physician practice groups in negotiation with health care systems for employment matters and mergers. Suzanne has also handled cases involving peer and credentialing reviews and State Board investigations. 

Prior to earning her law degree, Suzanne was a Critical Care Nurse working in clinical settings at some of Philadelphia’s most prestigious medical hospitals. She also was a Nursing Administrator for several years, tenured in area hospitals’ Intensive Care Units, Emergency Rooms and Obstetric Departments. Suzanne maintains her Nursing license in Pennsylvania and is an active volunteer for the local medical community. 

An experienced trial attorney, Suzanne draws from her Nursing background and institutional knowledge of health care systems and operations to guide clients in managing litigation efforts. She has an intimate understanding of the unique issues involved in defending medical professional liability claims and leverages this knowledge to achieve successful results. 

Suzanne is rated AV-Preeminent by Martindale-Hubbell, the highest rating for an attorney’s professional and ethical competence. Among her numerous professional affiliations, she is a member of the New Jersey Trial Attorneys Association, Philadelphia Association of Defense Counsel, Society of Healthcare Risk Managers (Philadelphia chapter), Defense Research Institute (Medical Liability & Health Care Law, and Drug and Medical Device Committees), and the National Association of Professional Women.

    • Widener University Delaware Law School (J.D.)
    • Saint Joseph's University (MHA)
    • Widener University School of Nursing (BSN)
    • Thomas Jefferson University College of Nursing (RN)
    • New Jersey
    • Pennsylvania
    • U.S. District Court Eastern District of Pennsylvania
    • U.S. District Court Eastern District of Michigan
    • U.S. District Court Middle District of Pennsylvania
    • U.S. Court of Appeals 3rd Circuit
    • U.S. Court of Appeals 4th Circuit
    • U.S. Court of Appeals 5th Circuit
    • Supreme Court of Pennsylvania
    • Cambridge Who’s Who Among Executive and Professional Women in Nursing Healthcare
    • National Academy of Jurisprudence – Premier 100
    • National Association of Excellence in Jurisprudence: Top 100 - Judicial Appointment – Pennsylvania
    • AV® Preeminent™ by Martindale-Hubbell®
    • American Association of Critical Care Nurses
    • Defense Research Institute, member, Medical Liability and Health Care Law, Drug and Medical Device Committees
    • National Association of Female Professionals
    • National Association of Professional Women
    • New Jersey Trial Attorneys Association
    • Philadelphia Area Society of Healthcare Risk Managers
    • Philadelphia Association of Defense Counsel
    • Trucking Industry Defense Association
    • Medical Legal Issues for Physicians Assistants, Thomas Jefferson University School of Physicians Assistants Program, East Falls, PA and Voorhees, NJ campuses, November 10, 2022  
    • Received a defense verdict in a binding arbitration, representing a doctor and her practice group in Montgomery County Court of Common Pleas. This was a Wrongful Death / Survival Action alleging malpractice against the primary care physician (PCP) and her practice, as well as numerous other physicians and two hospitals. The plaintiffs' decedent was a 42-year-old female with chronic respiratory problems including asthma, sinusitis, hypertension, morbid obesity, diabetes and other issues. The doctor was the plaintiff's long-standing PCP and saw the plaintiff three days prior to her emergent admission to the Emergency Department where she was diagnosed with a PE. When the plaintiff was seen by the PCP, she showed no signs of leg swelling, which would be consistent with deep vein thrombosis (DVT). While in the hospital, the plaintiff suffered a massive event which left her pulseless. She was coded without success. The PCP and her practice group were sued for allegations of a failure to diagnose a DVT and/or evolving PE. Suzanne negotiated a transfer from the Civil Trial Attachment in January to Binding Arbitration. After a two-day arbitration, she received a defense verdict. Plaintiff's demand immediately preceding the trial attachment was $4 million, which included a $1.3 million future wage loss. No offer was ever extended. (We negotiated a high low with the low being $30,000.)

Results

Defense Verdict After Five-Day Jury Trial in Medical Malpractice Action Where Initial Demand was $5 Million

We received a defense verdict in a five-day jury trial in Philadelphia County involving multiple defendants. We defended the medical malpractice claim alleging a violation of HIPAA privacy and an intrusion upon plaintiff's seclusion resulting in his eviction and severe emotional distress. The plaintiff claimed an anonymous email he sent to our client, a social worker, purporting to seek mental health therapy was a "mental health record" and subject to HIPAA privacy laws. When it was discovered that the email was from the same individual stalking and harassing the client’s sister who worked at the apartment complex where he lived, our client provided the email to her sister, who then gave it to her employer to support legal action against the plaintiff. The email was used in an eviction proceeding, and the plaintiff claimed that the disclosure of the email violated his privacy rights under HIPAA and that he suffered humiliation and severe emotional distress as a result. The claim involved counts for medical and legal professional negligence, negligence per se, intrusion upon seclusion, conspiracy to commit an intrusion upon seclusion, intentional and negligent infliction of emotional distress, and a plea for punitive damages. The initial demand of $5 million was reduced to $125,000 before trial. No offer was made and a unanimous defense verdict was rendered in less than three hours.

Summary Judgment Secured in 10-Year-Old Medical Malpractice Case

We won a very hard-fought motion for summary judgment based on the plaintiff’s failure to prosecute in a matter that is now 10 years old. Suzanne won oral argument to dismiss the suit, based on the plaintiff’s failure to prosecute his case, by proving both actual prejudice to the client, a psychologist, and an inexcusable seven-year delay in any activity by the plaintiff. This medical malpractice claim was brought in Cumberland County, Pennsylvania, and was related to a psychological evaluation conducted of the plaintiff’s three children, whom he physically and psychologically abused for years.   

Thought Leadership

The Quarterly Dose

From Bedside to Bar

February 25, 2026

When I was young with asthma, my hero was never a doll or TV character, it was my pediatrician. He made house calls multiple times per day with his black bag, a multidose vial of epinephrine, and a reusable syringe. He quickly taught me how to draw up my own injection, and from that moment I knew I wanted to become a doctor to help save kids’ lives. I studied math, science, and Latin like a religion so I could excel in school. I had finished every AP math and science course that my high school had to offer by the end of my sophomore year, so the school partnered with Penn State to provide me with pre-med courses in the five-year Jefferson-Penn State pre-med/medical school program. In 1976, as an early admission candidate, I was one of very few women to be accepted into that med school program. Keeping in mind that this was the 70s, my parents and guidance counselors instructed me that “girls” are supposed to be nurses, teachers, and secretaries – not doctors. So I transferred to the Diploma Nursing program at Jefferson and managed expenses by working as a manager at an ice cream store in the Gallery. As a nurse in a Pediatric ICU, and then in an Emergency Department (ED), I worked with prominent physicians in numerous specialties. Details matter, especially when working with infants and children, and I have always been a stickler for details. It was my goal to always provide the best care possible, but sometimes even the mightiest efforts were not enough. After one especially tough and heartbreaking incident surrounding the death of a child, a mother came into the ED screaming at us, and eventually filed a lawsuit. We knew we had exceeded the standards of care, so we did not understand why the hospital settled the lawsuit. After the settlement, the Attending of the ED bought me an LSAT book and said “If you want to do more for the profession, go to law school.” So I did. Now, as an attorney, I bring the same meticulous care to my clients that I once brought to my patients. I take an assertive, detail-driven approach to achieving successful outcomes. I remain a Registered Nurse licensed in Pennsylvania and continue to volunteer in disaster-relief when needed. That dual identity—nurse and attorney—shapes how I advocate: with compassion, an understanding of the stress litigation creates, and unwavering attention to detail. My clinical background gives me an invaluable advantage throughout the litigation process, from understanding the medicine to working effectively with my clients, our experts and cross-examining opponents’ experts. Communicating fluently with healthcare professionals across specialties has strengthened my practice and continually reminds me of the pediatrician who once taught me to draw up my own epinephrine injection—an act that set the course for my future.

Firm Highlights

Thought Leadership

Legal Update for Special Education Law: Recent Positive Outcomes From the Group

Hearing Officer Confirms District Acted Appropriately Under IDEA and Section 504 William J. McPartland (Scranton) obtained a finding in favor of our client, a school district, on all issues following a due process hearing. The parent had filed a due process complaint alleging that the school district had breached its child find duty under the IDEA and Section 504, that the school district had discriminated against the student on the basis of disability in violation of Section 504, and that the school district had denied a free and appropriate public education to the student both by developing inadequate IEPs and via an actionable procedural violation.  Specifically, the student had received a Section 504 evaluation in October 2023, after a number of behavioral infractions culminating in a fight in September 2023, was identified as having anxiety and a sleep disorder, and received appropriate Section 504 accommodations. The student had never previously demonstrated signs of a learning disability, and the parent denied the school district permission to evaluate the student for special education needs in November 2023, and January 2024. The parent granted the district permission to evaluate the student in October 2024, after a private psychologist diagnosed the student with Attention Deficit Hyperactivity Disorder, possible Oppositional Defiance Disorder, a learning disorder, and anxiety. The school district issued a special education evaluation report in December 2024, finding that the student had an emotional disturbance and other health impairment, and an IEP providing an itinerant level of emotional support, as well as instruction in academics and social skills, was issued in January 2025, and amended in February, March, and April 2025. The student withdrew from the school district in April 2025, to attend a cyber charter school. The hearing officer determined that the school district had not violated its child find duty to the student in violation of either the IDEA or Section 504 where the district developed a Section 504 plan for the student within a month and a half of the parent’s first request for a Section 504 evaluation and where the parent repeatedly denied consent to conduct an IDEA evaluation of the student. The hearing officer noted that the student’s sporadic record of behavioral infractions prior to September 2023, did not suggest that the student had a disability prior to the parent’s initial request for an evaluation. The hearing officer further determined that no evidence had been produced to suggest that the student was discriminated against on the basis of disability in violation of Section 504. Additionally, the hearing officer determined that the IEP offered to the student was substantively adequate and that, to the extent the social and emotional programming offered by the school district was not received by the student, this resulted from the parent’s refusal to accept the same. The hearing officer finally determined that the school district did not commit an actionable procedural violation by delaying development of an IEP for the student where the parent repeatedly denied consent to evaluate the student. Court Dismisses Three of Four Claims Against School District Christopher J. Conrad and Daniel P. McGannon (Harrisburg) achieved a significant early victory on behalf of a school district client in. The team successfully obtained dismissal of three of the four claims asserted in the plaintiff’s amended complaint. The former district superintendent brought multiple claims arising out of his alleged “forced resignation,” including age discrimination under the ADEA, a Section 1983 Equal Protection claim, a Pennsylvania Whistleblower claim, and breach of contract. On behalf of the district, the defense team moved to dismiss the complaint in part, arguing: The plaintiff failed to plead sufficient facts to support a prima facie case of age discrimination. The equal protection claim was barred because the ADEA provides the exclusive federal remedy for age-based employment claims. The breach of contract claim could not stand because the underlying employment agreement had expired prior to the alleged breach. The court agreed, dismissing the ADEA, equal protection, and breach of contract claims in their entirety. As a result, only a single claim under the Pennsylvania Whistleblower Law remains pending. This outcome substantially narrows the scope of the litigation and positions the client for a more efficient defense moving forward.

Thought Leadership

Featured Conversations... Key Takeaways from A.M. Best’s Webinar on the Misuse Defense in Product Liability Claims, Featuring Michael Salvati

Michael Salvati, shareholder in our Philadelphia office, was a panelist for the April A.M. Best webinar, “The Misuse Defense: Strategic Approaches to Defending Product Liability Claims for Insurers.” During the program, Michael and his fellow panelists offered practical, jurisdiction‑specific guidance on how misuse and failure‑to‑warn theories intersect in modern product liability litigation. Michael emphasized the unique challenges these claims present—particularly in states like Pennsylvania, where evidentiary rules diverge sharply from those applied in many other jurisdictions. Failure to Warn as the “Flip Side” of Misuse Salvati explained that failure‑to‑warn allegations often arise as a direct counter to a misuse defense. As he noted, “If our misuse defense is that the plaintiff didn't use a product properly or safely, then the failure to warn claim is that we didn't tell them how to use it properly.” He emphasized that these claims can stem from either the absence of warnings or criticisms of existing warnings, such as insufficient specificity or lack of clarity about risks. Pennsylvania’s Unique Evidentiary Landscape One of Salvati’s most notable points was the stark difference in how Pennsylvania treats evidence of compliance with industry standards. He highlighted that Pennsylvania is “one of the only states…where that evidence is not admissible” in strict liability cases. Manufacturers cannot rely on compliance with ANSI, UL, ISO, or even federal safety standards to defend the product against a strict liability claim—because the focus is solely on the product itself, not the manufacturer’s conduct. Salvati acknowledged the challenge this creates for defense counsel and clients who expect such compliance to carry weight. Understanding the Three Defect Theories Salvati also walked through the three primary defect theories recognized in many jurisdictions: - Design defect – a flaw in the product’s intended design - Manufacturing defect – a deviation affecting a specific unit - Failure to warn – inadequate instructions or warnings He noted that warnings claims are increasingly significant and sometimes stand alone when design or manufacturing theories are weak. As he put it, plaintiffs often default to warnings claims because “the default position seems to be, ‘If I got hurt, there must be something wrong.’” Warranties and State‑by‑State Variations Salvati addressed how breach‑of‑warranty claims fit into the broader framework, explaining that implied warranties—such as merchantability—often overlap with strict liability in Pennsylvania. He emphasized the importance of understanding local nuances, as warranty law and admissibility rules vary widely across states. Looking Ahead: The Growing Importance of Warnings In his closing remarks, Salvati stressed that warnings should never be treated as an afterthought in product liability defense. He observed that warnings‑only claims are becoming more common and urged manufacturers and insurers to continually evaluate the clarity and completeness of their instructions and warnings. His takeaway: “We should always be talking about what are the instructions that come with our products…to bolster a misuse defense.” Listen to the complete webinar here: https://www3.ambest.com/conferences/events/eventregister.aspx?event_id=WEB1074.

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.