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For ERISA-qualified plans, ERISA preempted application of the anti-subrogation provision of the MVFRL. Other state laws are also pre-empted by ERISA. The anti-subrogation provision of the MVFRL precludes governmental healthcare plans (non-ERISA qualified plans) from exercising subrogation rights against a health care recipient’s tort recovery. HMOs are exempt from the anti-subrogation provision of the MVFRL. Health insurance plan that requires…
On March 1, 2006 the amendments to the Insurance Act (“IA”), the Highway Traffic Act (“HTA”) and the Compulsory Automobile Insurance Act (“CAIA”), which reformed the rules for vicarious liability with respect to leased and rented automobiles, came into force. Language included in these statutes annulled state “vicarious liability” laws that previously had held vehicle rental and leasing companies liable…
The courts are urged not to confuse sudden emergency with unforeseen medical emergency. Shiner v. Ralston, 64 A.3d 1 (Pa. Super. 2013) resulted in the reversal of summary judgment for a defendant. The court granted summary judgment based upon the fact that defendant died at the wheel. The court said that the medical records were not so clear that summary…
Head-on crash Friday afternoon turned deadly in Fairfield Township when one driver died at the scene, and the other driver later died at Williamsport Regional Medical Center, according to state police at Montoursville and the Lycoming County Coroner’s office. Bethany G. Hughes, 23, and Paul L. Kremser, 90, both of Montoursville, died as a result of the accident. Kremser was…
A. Malpractice by a criminal defense attorney If you believe your criminal defense attorney has malpracticed which resulted in an unjust conviction it is virtually impossible to pursue a claim against that attorney. The Supreme Court essentially stated that you have to prove that you did not commit any of the unlawful acts for which you were charged or any…
Medical malpractice cases can seem even more tragic when they involve individuals who have served their country in the military, especially in war-torn areas like Iraq. One Pennsylvania veteran who served in Iraq has filed a medical malpractice lawsuit against the Department of Veterans Affairs. He is seeking more than $5 million in damages stemming from allegedly poor treatment of…
A Pennsylvania medical malpractice case has ended with a $6.4 million verdict for the plaintiff. The suit was filed two years ago by a man’s family after he died from a massive heart attack only months after being released by a city hospital. The medical malpractice verdict came after a trial that lasted a week. The incident that spurred the…