Reibenstein, L. v. Barax, C., M.D. Pets: Conaboy

Opinion

M.D. Appeal Dkt. 32 - 2021

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

LINDA REIBENSTEIN, AS THE No. 616 MAL 2020 ADMINISTRATRIX OF THE ESTATE OF MARY ANN WHITMAN, DECEASED Petition for Allowance of Appeal v. from the Order of the Superior Court

CHARLES BARAX, M.D.; AND MERCY HOSPITAL, SCRANTON

________________________________

LINDA REIBENSTEIN, AS THE ADMINISTRATRIX OF THE ESTATE OF MARY ANN WHITMAN, DECEASED

v.

PATRICK D. CONABOY, M.D.; AND COGNETTI & CONABOY FAMILY PRACTICE, P.C.

PETITION OF: PATRICK D. CONABOY, M.D. ; AND COGNETTI & CONABOY FAMILY PRACTICE, P.C.

ORDER

PER CURIAM

AND NOW, this 4th day of May, 2021, the Petition for Allowance of Appeal is

GRANTED. The issues, as stated by petitioner, are:

(1) Whether, in an issue of first impression and statewide importance, this Court should accept this appeal and rule that “cause of death”, as it appears in MCARE’s statute of limitations (40 P.S. § 1303.513(d) (“Statute of Repose”)), refers to medical cause of death, and not “conduct leading to death” (or legal cause of death) as Superior Court erroneously held, and vacated a Superior Court precedential decision that is directly at odds with MCARE’s plain meaning and stated purposes?

(2) Whether, in an issue of first impression and statewide importance, this Court should accept this appeal to clarify that the statute of limitations on a wrongful death or survival act claim may only be tolled under section 513(d) of MCARE (40 P.S. § 1303.513(d) (“Statute of Repose”)), where a plaintiff proves that the defendant against whom the claims are asserted (and not a third party) affirmatively misrepresented or fraudulently concealed decedent’s cause of death?

Petitioner’s Application to File a Reply Brief is DENIED.

Justice Donohue did not participate in the consideration or decision of this matter.

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