|Pennsylvania Supreme Court Affirms Summary Judgment for Kiernan Trebach Client|
In a decision dated July 23, 2015, the Pennsylvania Superior Court affirmed summary judgment entered in favor of Kiernan Trebach’s client, a suburban hospital, and other defendants. The case involved a surgical sponge that was inadvertently left inside the Plaintiff's body during a mastectomy, and was not discovered for eight years after the surgery. The Superior Court agreed that the Plaintiff's claims against the hospital and the other defendants were barred by a broad release that the Plaintiff had signed in a previous litigation against a pharmaceutical company that manufactured hormone-replacement drugs, which, Plaintiff claimed, caused her breast cancer, and ultimately led to the mastectomy. Of Counsel Ava M. Plakins of the Philadelphia office wrote the hospital's appeal brief and was lead counsel at oral argument before the Court.