§Why CasetextPricing

SWEENEY et al v. LAFAYETTE PHARMACEUTICALS, INCORPORATED et al

BRIEF in Opposition

18 Cited authorities

  1. Fine v. Checcio

    582 Pa. 253 (Pa. 2005)   Cited 539 times
    Holding a cause of action accrues when the plaintiff could have "first maintained the action to a successful conclusion"

  2. Bohus v. Beloff

    950 F.2d 919 (3d Cir. 1991)   Cited 450 times
    Holding that "reliance upon the word of one physician when the patient's common sense would lead to a different conclusion is unreasonable"

  3. Pocono Intern. Raceway v. Pocono Produce

    503 Pa. 80 (Pa. 1983)   Cited 474 times
    Holding that statute of limitation begins to run as soon as right to institute and maintain suit arises, and that lack of knowledge, mistake or misunderstanding do not toll running of statute

  4. Wilson v. El-Daief

    600 Pa. 161 (Pa. 2009)   Cited 157 times   2 Legal Analyses
    In Wilson v. El-Daief, 600 Pa. 161, 964 A.2d 354 (2009), for instance, the Court held the plaintiff’s immediate suspicion of surgical error after surgery did not start the statutory clock as a matter of law because her surgeon denied error and the second opinion she sought suggested surgical error as only one of several possible explanations for her pain.

  5. Debiec v. Cabot Corp.

    352 F.3d 117 (3d Cir. 2003)   Cited 125 times
    Holding that the appeals court is bound by its own prior case-law guessing an issue of state law notwithstanding new, contradictory state appellate court precedent

  6. Moyer v. United Dominion

    473 F.3d 532 (3d Cir. 2007)   Cited 113 times
    Applying the Pennsylvania discovery rule

  7. Cathcart v. Keene Indus. Insulation

    324 Pa. Super. 123 (Pa. Super. Ct. 1984)   Cited 209 times
    Holding that a wife could not recover for negligent infliction of emotional distress against her then-living husband's former employer for the trauma she experienced watching her husband develop asbestosis

  8. McCreesh v. City of Philadelphia

    585 Pa. 211 (Pa. 2005)   Cited 111 times   1 Legal Analyses
    Holding that a plaintiff satisfies his or her obligation to make a good-faith effort to give notice of the commencement of an action when the defendant has actual notice of its commencement and is not otherwise prejudiced

  9. Cochran v. GAF Corp.

    542 Pa. 210 (Pa. 1995)   Cited 148 times
    Holding that plaintiff did not exercise reasonable diligence as a matter of law because he did not seek medical help to ascertain the cause of his illness until four years after discovering the illness

  10. Ayers v. Morgan

    397 Pa. 282 (Pa. 1959)   Cited 207 times
    Holding that because the plaintiff could not have known the source of his pain, the statute of limitations on his medical malpractice action did not commence until he discovered that a sponge left in his abdomen by defendant after surgery had caused his injuries

  11. Section 40.51 - Administration of electroneuromyography (EMG) and nerve conduction velocity (NCV) tests

    49 Pa. Code § 40.51

    (a) EMG and NCV-studies and evaluations-shall be conducted only upon the referral of a physician, under section 9 of the act (63 P. S. § 1309). (b) A licensed physical therapist may not diagnose from the results of the tests, but may prepare a statement of his impression of the results of the test to be forwarded to the referring physician for his review and diagnosis. 49 Pa. Code § 40.51 The provisions of this § 40.51 adopted October 4, 1985, effective 10/5/1985, 15 Pa.B. 3513.