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WEST PENN ALLEGHENY SYS. v. MCARE FUND

No. 101 M.D. 2010

11 A.3d 598 (2010)

WEST PENN ALLEGHENY HEALTH SYSTEM d/b/a Allegheny General Hospital, Petitioner v. MEDICAL CARE AVAILABILITY AND REDUCTION OF ERROR FUND (MCARE) and Kiana Townes, a Minor, by Tamara Blanchard, Guardian, Respondents.

Commonwealth Court of Pennsylvania.

Decided December 21, 2010.

Attorney(s) appearing for the Case

Steven J. Forry , Pittsburgh, for petitioner.

Cindy E. Sheaffer , Harrisburg, for respondents.

BEFORE: LEADBETTER, President Judge, and BROBSON, Judge, and FLAHERTY, Senior Judge.

OPINION BY President Judge LEADBETTER.

West Penn Allegheny Health System d/b/a Allegheny General Hospital (Allegheny General) has filed an application for summary relief in its declaratory judgment action filed against the Medical Care Availability and Reduction of Error Fund (MCARE Fund) and Kiana Townes, a minor, in this Court's original jurisdiction. The MCARE Fund has also filed a cross-application for summary relief. We are asked to decide whether the MCARE Fund...

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