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Defense Digest

On the Pulse…Other Notable Achievements

Defense Digest, Vol. 27, No. 3, June 2021

June 1, 2021

Appointments

Niki Ingram (Philadelphia, PA) has been named the first-ever Diversity, Equity & Inclusion Officer of the Philadelphia Bar Foundation. The position was created following the nationwide demonstrations against police brutality and racial injustices over the summer of 2020. “Racism is prevalent in all civil legal matters, from housing to unemployment to immigration, and the work of civil legal aid agencies is critical in the fight for racial justice,” said Jessica R. Hilburn-Holmes, Executive Director of the Philadelphia Bar Foundation. “The Bar Foundation is committed to this fight and to doing the work in order to promote a better, more equitable Philadelphia community. The addition of a DE&I Officer is a first step toward that goal – and we couldn’t find a more competent nor passionate person to lead this charge than Niki Ingram.” Niki joined the Philadelphia Bar Foundation for a three-year Board term in 2019.

Recognition

Marshall Dennehey Announces 2021 New Jersey Super Lawyers and Rising Stars. Eight attorneys from the Mount Laurel and Roseland, New Jersey, offices have been selected to the 2021 edition of New Jersey Super Lawyers magazine. A Thomson Reuters business, New Jersey Super Lawyers is a rating service of lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. Each year, no more than five percent of the lawyers in the state are selected as Super Lawyers and no more than 2.5 percent are selected for Super Lawyer Rising Stars. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations. A description of the selection methodology can be found at http://www.superlawyers.com/about/selection_process.html. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

The firm’s New Jersey Super Lawyers include:

  • Leonard Leicht, Civil Litigation Defense and Transportation/Maritime. Leonard concentrates his practice in defending significant commercial motor vehicle, personal injury, employment, civil rights and professional liability matters. Recognized by the Supreme Court of New Jersey as a Certified Civil Trial Attorney, he has handled precedent-setting appellate matters before the Supreme Court and Appellate Division of New Jersey, and regularly represents clients in administrative, disciplinary and labor hearings.
  • John L. Slimm, Professional Liability Defense. Jack has devoted the majority of his 40-year career to the representation of attorneys, accountants, architects and engineers, directors and officers, and investment and insurance professionals in litigation.
  • Lary I. Zucker, Personal Injury Defense and Entertainment & Sports Defense. Lary co-chairs the firm's Amusements, Sports & Recreation Practice Group and has 48 years of litigation experience.

The firm’s New Jersey Super Lawyer Rising Stars include:

  • Ariel Brownstein, Insurance Coverage. Ariel focuses his practice on insurance fraud and SIU litigation, with an emphasis on medical provider fraud and large loss fraud.
  • Christopher DiCicco, Transportation/Maritime Litigation. Chris focuses his practice on admiralty and maritime litigation, including maritime personal injury cases and marine construction cases. He also handles trucking and aviation cargo defense matters. He is admitted to practice in both New Jersey and New York, and he actively handles litigation in both states.
  • Ryan Gannon, Personal Injury, Medical Malpractice Defense. Ryan focuses on medical malpractice and nursing home malpractice litigation.
  • Heather LaBombardi, Medical Malpractice Defense. Heather defends health care practitioners and facilities in medical malpractice and health care liability matters.
  • Sara Mazzolla, Personal Injury, General, Defense. Sara defends matters involving premises liability, amusements, sports and recreation, construction, automobile and condominium/community association law. She also defends professional liability claims involving sports coaches and real estate professionals.

Published Articles

William Banton (Philadelphia, PA) and Paul Laughlin (Allentown, PA) authored the article “Child Protective Services Law: Implications for Behavioral Health Organizations,” which appeared in the March/April issue of The Pennsylvania Lawyer. Click here to read the article.

Ryan Burns (Fort Lauderdale, FL) authored the article “Understanding Florida’s Sweeping New Immunity Law for COVID-19 Claims,” which was published on April 15, 2021, in Insurance Journal’s Southeast edition. You may read the article at this link.

Peggy Smith Bush (Orlando, FL) contributed the article, “How to Get Your Business Relationships – and Yourself – Back on Track After a Year of Isolation,” to the Orlando Business Journal. Peggy is an active member of The Florida Bar’s Mental Health and Wellness of Florida Lawyers Committee and is pursuing a master of professional studies psychology of leadership degree from Penn State University.

Christopher Conrad (Harrisburg, PA) wrote an article titled “Bullies In the Schoolyard and Beyond: Avoiding and Defending Federal Bullying Claims Against Schools and School Leaders” for the Pennsylvania Liability Defense Quarterly. Click here to read.

Bridget Mead (Philadelphia, PA) and faculty from Drexel University Thomas R Kline School of Law and Catholic University authored an article published in the Singapore Academy of Law, Special Issue on Law and Technology. Titled, “Defensibility: Changing the Way Organisations Approach Cybersecurity and Data Privacy,” the article discusses the Equifax data breach and analyzes shortcomings in traditional approaches to cybersecurity and data privacy by first examining current laws, rules and regulations across the globe. You may access the article at this link: https://journalsonline.academypublishing.org.sg/Journals/Singapore-Academy-of-Law-Journal-Special-Issue/Current-Issue/ctl/eFirstSALPDFJournalView/mid/503/ArticleId/1599/Citation/JournalsOnlinePDF.

Michelle Michael (Roseland, NJ) authored the article, “NJ Supreme Court Confirms Scope and Application of Pregnant Workers Fairness Act,” appearing in the New Jersey Law Journal.

Steven Petramale (Pittsburgh, PA) authored an article appearing in The Legal Intelligencer’s Medical Malpractice Supplement. The article, “Courts’ Interpretations of Statutes Demonstrate Shifting Landscape for Defense Bar,” discusses the recent interpretations of the Peer Review Protection Act, MCARE Act, Patient Safety and Quality Improvement Act, and the Health Care Quality Improvement Act, as well as methods that attorneys can employ to maintain privilege over certain documentation. Read the article here.

Alesia Sulock (Philadelphia, PA) authored “Reinstating the Two-Year Statute of Limitations for Legal Malpractice Claims,” in which she discusses the “gist of the action doctrine” in Pennsylvania and its impact on legal malpractice claims. Published in The Legal Intelligencer, you can read the article here.

Jeremy Zacharias’ (Mount Laurel, NJ) article, “The Impact of COVID-19 on the Global IPO Marketplace,” was published by PLUSBlog on March 15, 2021. To read, click here.

Speaking Engagements

Robert Aldrich (Scranton, PA) presented at the Pennsylvania Association for Health Care Risk Management Spring Conference. This webinar was offered in conjunction with the Pennsylvania Defense Institute. Rob’s presentation focused on the 21st Century Cures Act.

Heather Carbone (Jacksonville, FL) presented “Average Weekly Wage and Indemnity Benefits (Other than PTD)” at the 2021 Florida Bar Workers’ Compensation Forum. Conference attendees included adjusters, case managers, vocational experts, supervisors, managers, attorneys and executives from the Florida workers’ compensation claims community.

Jim Cole (Philadelphia, PA), Jon Cross (Philadelphia, PA), AC Nash (Fort Lauderdale, FL), Matt Schorr (Roseland, NJ), Dave Shannon (Philadelphia, PA), Sunny Sparano (Roseland, NJ) and Vlada Tasich (Philadelphia, PA) recently participated in ILG WEEK. “Insurance Claims Snapshots from Around the Globe” was a week-long series of practice area-specific webinars in areas such as concussion litigation, autonomous vehicles, ransomware attacks, changes in the construction industry, COVID-19 and business interruption claims, and negligent security. All of our presenters guided participants through case studies and interactive sessions, addressing key issues of importance to claims professionals and insurance industry personnel.

Ashley Eldridge (Philadelphia, PA) was a speaker at the Dispute Resolution Institute’s Person Injury Potpourri, presenting “COVID-19 and Workers' Compensation.” Ashley also spoke at Philly I-Day. In “Professional Development Trends, Emerging Topics in Learning and Leadership Development,” Ashley joined senior learning leaders representing a wide swath of the industry, including a major personal lines carrier and an international property casualty carrier, to learn about professional development trends, including emerging topics in training, learning and development, as well as leadership development.

Brooks Foland (Harrisburg, PA) presented at the Pennsylvania Defense Institute’s Lunch Time Webinar, “With Vehicle Technologies in the Fast Lane, How Can We Keep Up?” Brooks co-chairs the PDI’s Motor Vehicle Committee. The webinar addressed the new technologies in motor vehicles and their use in gathering relevant evidence for litigated cases.

John Hare (Philadelphia, PA) spoke at the Civil Litigation Update 2021 presented by the Pennsylvania Bar Institute on March 4, 2021.

Niki Ingram (Philadelphia, PA) was a panelist at a recent webinar hosted by the Philadelphia Association of Defense Counsel. “How Women Judges and Lawyers Succeed During Challenging Times” featured an esteemed panel of women in the legal profession offering advice and sharing real life experiences on how to move forward while overcoming obstacles, juggling work life with personal life and maintaining civility.

Ben Nicolosi (Scranton, PA) recently made a virtual presentation for the Luzerne County Bar on “An Overview of Pennsylvania Premises Liability Law.”

Kacey Wiedt (Harrisburg, PA) presented at the County Commissioners Association of Pennsylvania’s (CCAP) “Controlling Workers' Compensation Costs Workshop” on March 18. The rapid-fire spread of the coronavirus over the course of the past year has employers concerned about the health and safety of their employees. As the pandemic continues, many are also wondering if there is workers’ compensation coverage for employees who contract the virus. In this session hosted by the CCAP, Kacey discussed the importance of working together during the pre-litigation phase to properly manage COVID-19 claims and mitigate risk.

Media Commentary

Raphael Duran (Philadelphia, PA) was a guest speaking on WPHT Talk Radio. Raph and his fellow panelists—JB Dilsheimer of Stampone O’Brien Dilsheimer Law and Geoff Dlin of Krasno Krasno Onwudinjo—discussed different litigation styles (such as when to be a bulldog and when to be cooperative), and how it impacts workers’ compensation cases. Various claims were discussed involving subrogation, catastrophic and minor claims. The effectiveness of various litigation styles, in the speakers’ respective specialties, was also debated.

Matt Keris (Scranton, PA) was interviewed by NBC News and ED Legal Letter. In a March 4, 2021, report titled, “Kentucky Mom Alleges Hospital Workers Missed Her Cancer -- Then Covered Up Their Mistake,” by NBC NEWS, Matt commented on how audit trail litigation is driving up the cost of medical malpractice lawsuits. The full article can be read here. Matt was also quoted in ED Legal Letter in the March 2021 article, “Misdiagnosis Top Allegation in Aortic Dissection Malpractice Claims.” The full article can be found here.

 

Defense Digest, Vol. 27, No. 3, June 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin 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. © 2021 Marshall Dennehey Warner Coleman & Goggin. 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

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

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.

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.