236 A.3d 1162
Pa. Super. Ct.2020Background
- Mary Ann Whitman died April 28, 2010, of a ruptured abdominal aortic aneurysm; a CT five days earlier was read by radiologist Dr. Charles Barax as showing an aneurysm "poorly visualized."
- Barax's April 2010 report did not document rupture or an expressed concern about rupture and stated he contacted PCP Dr. Patrick Conaboy about the findings.
- The estate (administratrix Linda Reibenstein) sued Barax and Mercy Hospital in April 2011; Barax's deposition (finally taken in Feb. 2015) revealed he told Conaboy the aneurysm could not be well visualized and he could not rule out bleeding/rupture.
- Based on that deposition, the estate sued Conaboy and his practice in March 2016 (more than two years after death); the cases were consolidated.
- The Conaboy defendants moved for summary judgment arguing MCARE's two‑year limit barred the claims; the trial court granted summary judgment on reconsideration, finding no evidence of "affirmative misrepresentation or fraudulent concealment of the cause of death."
- The Superior Court reviewed statutory interpretation of 40 P.S. § 1303.513(d), vacated the summary judgment, held the tolling phrase ambiguous, and remanded for factual determination whether concealment occurred.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Meaning of "affirmative misrepresentation or fraudulent concealment of the cause of death" in MCARE §1303.513(d) | "Cause of death" should include affirmative misrepresentations or concealment of conduct that was part of the chain of causation leading to death | "Cause of death" plainly means the immediate medical cause (as on the death certificate); tolling unavailable here | Term is ambiguous; court construes it to include concealment or misrepresentations about conduct alleged to have led to death |
| Whether summary judgment barring the estate's claims was proper | Equitable tolling should apply based on Barax's concealed communications/unclear reporting, so claims are timely | Claims barred by two‑year limit because death certificate lists aneurysm as cause of death and no tolling applies | Trial court erred to grant summary judgment; appellate court vacated SJ and remanded for the trial court to decide whether fraudulent concealment occurred (also denied motion to quash appeal based on subsequent release) |
Key Cases Cited
- Dubose v. Quinlan, 173 A.3d 634 (Pa. 2017) (interpreting MCARE tolling for fraudulent concealment)
- Nicolaou v. Martin, 195 A.3d 880 (Pa. 2018) (summary judgment standard; view facts in favor of nonmoving party)
- In re Risperdal Litig., 223 A.3d 633 (Pa. 2019) (standard of review for summary judgment)
- Bowling v. Office of Open Records, 75 A.3d 453 (Pa. 2013) (de novo review on questions of law)
- Commonwealth v. Jackson, 111 A.3d 1187 (Pa. Super. 2015) (statutory interpretation principles)
- Burke ex rel. Burke v. Indep. Blue Cross, 103 A.3d 1267 (Pa. 2014) (ambiguity and statutory construction)