By Sharon L. Caffrey, Robert M. Palumbos, Anne A. Gruner and J.J. Larkins
On July 29, 2026, the Pennsylvania Supreme Court granted allocatur to review Hagans v. Hospital of the University of Pennsylvania, in which the Superior Court affirmed a $182.7 million jury award that, accounting for delay damages, produced a judgment exceeding $207 million. The court will decide whether vicarious liability may be imposed on a hospital without an express jury finding against a specific named agent, and whether the jury may find liability based on either factual causation or increased risk of harm, resolving a direct conflict between Superior Court panels on this important causation question.
Read the full Alert on the Duane Morris LLP website.