Jessica Stidfole for Wyatt Newman (deceased) v. Marsha Ann Nahra, M.D.; Alexa Mills, M.D.; Angela Huggler, M.D.; Autumn Shree Hill, CNM; Geisinger Medical Center; Geisinger Clinic; UPMC Williamsport; UPMC Susquehanna; Susquehanna Physician Services; and Bucktail Medical Center, Court of Common Pleas decided, January 11, 2024.
Court struck new matter of defendant’s as being conclusion of law or statements without any factual support. Plea material facts is necessary. Denial of allegations of complaint is not proper new matter. The court went through specifics as follows: damages caused by third parties; damages caused by plaintiff’s underling medical conditions; acts or omissions not substantial contributing factor to damages; damages caused by third party; no negligence; no damages; lack of substantial causes or factors of damages; damages not proximately caused damages caused by third parties. The affirmative defenses of Geisinger was statute of limitations. No facts are given in support of this. Also raises to schools of thought; AmCare Act precludes or limits recovery; Affordable Care Acts precludes recovery; AmCare Act defenses preclude or limits recovery; immunities and defenses related to Covid-19 preclude or limit recovery. These allegations were mere conclusions of law or denial of allegations and have place in new matter absent supporting material facts. Court, however, did give defendants 20 re-plea.
