Shiflett v. Lehigh Valley Health (majority)Annotate this Case
Betty and Curtis Shiflett sued Lehigh Valley Hospital and Lehigh Valley Health Network, Inc. (collectively, the “Hospital”) for negligence in connection with injuries Betty suffered while in the hospital for knee surgery. The jury returned a verdict for the Shifletts, awarding them $2,391,620 in damages. The Superior Court ruled that one of the claims upon which the Shifletts prevailed at trial was time-barred and should not have been submitted to the jury. Finding that some portion of the jury’s damage award may have been based upon the time-barred claim, the intermediate appellate court remanded the case for a new trial on damages. After its review, the Pennsylvania Supreme Court concluded the Superior Court erred in this regard, as pursuant to the “general-verdict rule” adopted by Halper v. Jewish Family & Children’s Services, 963 A.2d 1282 (Pa. 2009), the Hospital waived any entitlement to a new trial on damages when it failed to request a special interrogatory on the verdict sheet that would have permitted the jury to allocate the damages awarded on each claim.