Reibenstein, L. v. Barax, C., M.D. Pets: Conaboy ( 2021 )

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.
[616 MAL 2020] - 2