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KINNEY-LINDSTROM v. MEDI. CARE AVAILABILITY

Nos. 54 & 59 MAP 2011

73 A.3d 543 (2013)

Lisa KINNEY-LINDSTROM as Parent and Natural Guardian of Samantha Lindstrom, a Minor, and Alec Lindstrom, a Minor, and as the Assignee of Dr. S., Appellant/Cross-Appellee v. MEDICAL CARE AVAILABILITY AND REDUCTION OF ERROR FUND, Successor in Interest to the Medical Professional Liability Catastrophe Loss Fund, Appellee/Cross-Appellant.

Supreme Court of Pennsylvania.

Decided August 19, 2013.

Attorney(s) appearing for the Case

James J. McEldrew, III, Esq. , McEIdrew Law, Philadelphia, Howard Jonathan Bashman, Esq. , Willow Grove, for Lisa Kinney-Linstrom.

Elit R. Felix, II, Esq. , Margolis Edelstein , Philadelphia, Arthur F. McNulty, Esq. , PA Department of Insurance, for Medical Care Availability and Reduction of Error Fund.

BEFORE: CASTILLE, C.J., and SAYLOR, EAKIN, BAER, TODD, McCAFFERY, and ORIE MELVIN, JJ.

OPINION

Justice BAER.

These appeals involve a declaratory judgment action filed by Lisa Kinney-Lindstrom ("Mother") against the Medical Care Availability and Reduction of Error Fund ("MCARE Fund"). Mother seeks a ruling as to the number of "occurrences" for which the MCARE Fund is liable based on allegations that her physician failed to diagnose in a timely manner discrete in utero infections suffered by her twins, which caused severe injuries to...

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