Peoples v. Philbin
44 Pa. D. & C.5th 42
Pennsylvania Court of Common P...2014Background
- Plaintiff alleges medical negligence for failure to timely diagnose Hodgkins lymphoma by multiple defendants.
- Diagnosis occurred in April 2009; plaintiff filed writ Sept. 16, 2010 and complaint Nov. 18, 2011 against initial defendants Philbin and Physicians Health Alliance.
- Moving defendants Stallman, Iannone, and Radiological Consultants were added by amendment on May 15, 2013.
- Plaintiff alleged misinterpretations of imaging and ultrasound by Stallman and Iannone.
- Trial court granted motion for judgment on the pleadings, holding discovery rule inapplicable and statute of limitations bar applies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the discovery rule tolls the statute of limitations for adding moving defendants. | Ayers supports tolling until injury and cause are discoverable. | Discovery rule inapplicable; timely discovery and filing occurred long after diagnosis. | Discovery rule does not toll; amendment barred. |
| Whether amendment to add defendants after expiration of the limitations period is permissible. | Should be allowed given discovery and inquiry. | Too late to join new defendants after four years from diagnosis. | Amendment barred; motion granted. |
| What is the accrual date and when does the statute begin to run for this claim? | Claim accrues at injury and discovery. | Accrual aligned with diagnosis and filing, not later. | Accrual fixed; discovery rule not applicable to tolled period. |
Key Cases Cited
- Fine v. Checcio, 582 Pa. 253 (Pa. 2005) (discovery rule tolls until injury and cause are discoverable; jury decides discoverability)
- Ayers, 397 A.2d 288 (Pa. 1979) (illustrates discovery-rule applicability when injury is discoverable)
- Baselice v. Franciscan Friars Assumption BVM Province, Inc., 879 A.2d 270 (Pa. Super. Ct. 2005) (purpose of limitations; discovery rule relevance in specific context)
- Sw. Energy Prod. Co. v. Forest Res., LLC, 83 A.3d 177 (Pa. Super. Ct. 2013) (judgment on pleadings standard; matter of law when no genuine issues of fact)
- Corbett v. Richmond Tp., 975 A.2d 607 (Pa. Cmwlth. 2009) (considerations in pleadings and evidence; accrual and tolling)