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Venosh v. Henzes

Superior Court of Pennsylvania

August 7, 2015

ANNE MARIE VENOSH, Appellee
v.
JACK HENZES M.D., CINDY ANDERSON, PA-C; SCRANTON ORTHOPEDIE SPECIALISTS, P.C. AND MOSES TAYLOR HOSPITAL, APPEAL OF: BLUE CROSS OF NORTHEASTERN PENNSYLVANIA AND FIRST PRIORITY HEALTH, Appellants

Submitted April 14, 2015

Appeal from the Order of the Court of Common Pleas, Lackawanna County, Civil Division, No(s): 11 CV 3058. Before NEALON, J.

Paul K. Leary, Jr. and Matthew Bleich, Philadelphia, for appellants.

James A. Doherty, Scranton, for Anderson, appellee.

Timothy E. Foley, Scranton, for Moses Taylor Hospital, appellee.

Eugene P. Feeney and Noah E. Katz, Scranton, for Scranton Orthopedic and Henzes, appellees.

Gary M. Solomon, Jenkintown, for Venosh, appellee.

BEFORE: BOWES, DONOHUE AND ALLEN, JJ.

OPINION

Page 1017

BOWES, J.

Blue Cross of Northeastern Pennsylvania (" Blue Cross" ) and its affiliate First Priority Health (" First Priority" ) appeal from the August 8, 2014 discovery order requiring Blue Cross to produce information concerning a quality-of-care review that it conducted regarding the incident at issue in this medical malpractice case. The trial court rejected Blue Cross's invocation of the privilege established by the Pennsylvania Peer Review Protection Act, 63 P.S. § 425.1, et seq. (the " Act" ).[1] We affirm.

On May 13, 2011, Ann Marie Venosh (" plaintiff" ) instituted this lawsuit by filing a complaint against Dr. Jack Henzes, Cindy S. Anderson, Scranton Orthopedic Specialists P.C., and Moses Taylor Hospital (" Taylor" ) (collectively the " defendants" ). She averred the following. Dr. Henzes was an orthopedic surgeon and Ms. Anderson was a physician's assistant engaged in the practice of orthopedic medicine. Scranton Orthopedic Specialists P.C. employed them both. On June 11, 2009, Dr. Henzes and Ms. Anderson performed total knee replacement surgery on plaintiff's left knee at Taylor. During that surgery, Dr. Henzes caused an occlusion of the left popliteal artery, which a vascular surgeon immediately repaired. Due to the occlusion, the plaintiff suffered from left foot drop, peroneal neuropathy, and left-leg numbness, weakness, muscle spasm, swelling, pain, nerve damage, cramping induced by exercise, and functional limitations.

After the pleadings were closed, the parties began to conduct ...


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