Lamb McErlane partners Maureen McBride and James C. Sargent scored a significant victory for health care providers in a medical malpractice appeal recently decided by the Pennsylvania Supreme Court. In Reibenstein v. Barax, the high Court reversed an earlier Superior Court decision and reinstated summary judgment in defendants’ favor after concluding that the plaintiff had failed to sue the health care defendants in a timely fashion. Importantly, in reaching its decision, the Supreme Court clarified the meaning of the phrase “cause of death” as it appears in the tolling provision in MCARE’s  two-year  limitations  for  death  actions, agreeing with defendants that the term means “medical,” cause of death, and not “legal” cause of death, as plaintiff had argued.

Maureen M. McBride and James C. Sargent represented Defendants Patrick D. Conaboy, M.D. and Cognetti & Conaboy Family Practice, P.C., along with trial counsel, James A. Doherty, Jr. and Grace Doherty of the Scanlon, Howley & Doherty firm.

At Lamb McErlane McBride concentrates her practice on appellate law and commercial litigation in state and federal courts.  She is co-chair of the Lamb McErlane’s Appellate Department and a member of the Firm’s Litigation Department and Executive Committee and is co-chair of the Pennsylvania Bar Association’s (PBA) Appellate Advocacy Committee.

Sargent is co-chair of Lamb McErlane’s Appellate Advocacy Group and Litigation Department, He represents major national and multinational manufacturers in litigation and appeals involving class action, product liability, taxation, warranty, fraud, employment and consumer protection law claims. Jim also offers mediation services in commercial/construction/business ownership disputes.