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15-6190 - MUNSIF v. JEFFERSON UNIVERSITY PHYSICIANS et al


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15-6190 - MUNSIF v. JEFFERSON UNIVERSITY PHYSICIANS et al
August 2, 2016
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MEMORANDUM AND OPINION. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 8/2/16. 8/3/16 ENTERED & E-MAILED. COPY MAILED TO MUNSIF. (fdc)
August 2, 2016
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MEMORANDUM AND ORDER THAT DEFENDANTS THOMAS JEFFERSON UNIVERSITY HOSPITAL, INC., AND JEFFERSON UNIVERSITY PHYSICIANS' JOINT MOTIONS TO DISMISS PLAINTIFF'S COMPLAINT (DOC.#8 IN CIVIL NO. 15-5649; DOC.#5 IN CIVIL NO. 15-6190) ARE GRANTED AS FOLLOWS: MUNSIF'S CLAIMS FOR LACK OF INFORMED CONSENT (COUNT I OF BOTH COMPLAINTS) AND HIS CLAIMS FOR AGENCY AND VICARIOUS LIABILITY (COUNTS III AND IV OF BOTH COMPLAINTS), INSOFAR AS THOSE CLAIMS ARE BASED ON UNDERLYING INFORMED CONSENT VIOLATIONS, ARE DISMISSED WITH PREJUDICE AS TO BOTH THOMAS JEFFFERSON UNIVERSITY HOSPITAL, INC., AND JEFFERSON UNIVERSITY PHYSICIANS; MUNSIF'S CLAIMS FOR LOSS OF CONSORTIUM (COUNT V OF BOTH COMPLAINTS) ARE DISMISSED WITH PREJUDICE AS TO ALL DEFENDANTS; AND ANY CLAIMS BASED ON ALLEGATIONS TO ATTEMPTED MURDER, CONSPIRACY TO CREATE HARM TO MUNSIF, AND VIOLATIONS OF TITLE 15 OF THE UNITED STATES CODE AND "FRAUD STATUTES" ARE DISMISSED WITH PREJUDICE AS TO ALL DEFENDANTS. IT IS FURTHER ORDERED THAT MUNSIF'S REQUEST FOR AN EXTENSION OF TIME TO FILE CERTIFICATES OF MERIT IS GRANTED IN PART. MUNSIF SHALL HAVE UNTIL 9/1/16, TO SUBMIT CERTIFICATES OF MERIT IN SUPPORT OF HIS REMAINING CLAIMS - HIS INFORMED CONSENT CLAIMS AGAINST THE JOHN DOE DEFENDANTS AND HIS CLAIMS BASED ON PROFESSIONAL NEGLIGENCE - AS REQUIRED BY PENNSYLVANIA RULE OF CIVIL PROCEDURE 1042.3. THE COURT RESERVES RULING ON THE BALANCE OF THE ABOVE-REFERENCED MOTIONS TO DISMISS AND ON DEFENDANTS' MOTION TO DISMISS FOR FAILURE TO FILE CERTIFICATES OF MERIT, WHICH WILL BE TREATED AS A MOTION FOR SUMMARY JUDGMENT, PENDING RECEIPT OF MUNSIF'S SUBMISSION. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 8/2/16. 8/3/16 ENTERED & E-MAILED. COPY MAILED TO MUNSIF. (fdc)
October 11, 2016
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MEMORANDUM AND OPINION. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 10/11/16. 10/11/16 ENTERED & E-MAILED. COPY MAILED TO MUNSIF. (fdc)
October 11, 2016
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MEMORANDUM AND ORDER THAT THE MOTION TO DISMISS (#16) IS GRANTED. ALL REMAINING CLAIMS IN THE ABOVE-CAPTIONED ACTIONS - MUNSIF'S LACK OF INFORMED CONSENT CLAIMS AGAINST THE JOHN DOE DEFENDANTS AND HIS CLAIMS BASED ON PROFESSIONAL NEGLIGENCE AGAINST ALL DEFENDANTS - ARE DISMISSED WITHOUT PREJUDICE. THE CLERK OF COURT IS DIRECTED TO MARK BOTH OF THE ABOVE-CAPTIONED CASES CLOSED. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 10/11/16. 10/11/16 ENTERED & E-MAILED. COPY MAILED TO MUNSIF. (fdc)