Civil Litigation & Procedure - MCare Act - Statute of Repose

Summary of Pennsylvania Decisions

Bulebosh v. Flannery, 2014 PA Super 79 (Pa.Super. April 22, 2014)

Holding: Claims resulting from a tort that occurs before the effective date of Medical Care Availability and Reduction of Error (MCare) Act, 40 P.S. § 1303.531, may be subject to the Act’s statute of repose if the cause of action resulting from the tort did not arise until after the effective date of the Act. When, as here, the injury, i.e., the physical manifestation of the harm, occurred before the effective date of the MCare Act (before 2002), the statute of repose does not bar the action