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GINGERLOWSKI v. COM., INS. DEPT.

No. 566 M.D. 2006.

961 A.2d 237 (2008)

Patricia GINGERLOWSKI, as Parent and Natural Guardian of Felicia Phillips, a minor, and Felicia Phillips, on her own behalf, Petitioners v. COMMONWEALTH of Pennsylvania, INSURANCE DEPARTMENT, Medical Care Availability and Reduction of Error Fund, (The MCARE Fund), Successor and Interest to the Medical Professional Liability Catastrophe Loss Fund, (CAT Fund), Defendant Raoufe Hanna, M.D., Respondents.

Commonwealth Court of Pennsylvania.

Decided November 19, 2008.

Publication Ordered December 3, 2008.

Attorney(s) appearing for the Case

Kelly J. Lenahan, Scranton, for petitioners.

Cindy E. Sheaffer, Harrisburg, for respondent, Insurance Department, (MCARE Fund).

OPINION BY Judge SIMPSON.

In this Court's original jurisdiction, Patricia Gingerlowski, as parent and natural guardian of Felicia Phillips (Patient), and Patient, on her own behalf, (collectively, Petitioners), filed a complaint for declaratory judgment against the Pennsylvania Insurance Department, Medical Care Availability and Reduction of Error Fund (MCARE Fund), as successor in interest to the Medical Professional Liability Catastrophe Loss Fund (CAT Fund), (collectively...

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