PAMED and AMA File Another Amici Curiae Brief

On October 7, 2026, PAMED and the AMA filed another amici curiae brief with the Pennsylvania Supreme Court advocating for the Court to reverse the Superior Court’s unfavorable ruling in Dajah Hagans v. Hospital of the University of Pennsylvania, et al. This is the case where a Philadelphia jury awarded $182.7 million in damages—now increased to $207 million--after finding that a child received deficient care at the Hospital of the University of Pennsylvania (“HUP”) at the time of his birth. Specifically, the plaintiff, J.H.’s mother, alleged that a delayed C-section and late administration of antibiotics caused major negative health consequences for J.H. The award is the largest medical malpractice verdict in Pennsylvania history. 

On July 10, 2025, the Superior Court upheld the jury award. HUP then sought reargument by the Superior Court. The court denied that request on September 15, 2025.

In October 2025, PAMED and the AMA filed an amici brief with the Supreme Court arguing that the Supreme Court should agree to hear the appeal of the case because justice demanded a new trial as the trial judge allowed the jury to utilize a flawed verdict slip, one that was wrongly prejudicial against HUP. The brief pointed out that failure to correct the error will result in the use of incorrect law in future cases.

Earlier this year, the Supreme Court agreed with our argument and decided to review the Superior Court decision. PAMED and the AMA joined again to file a brief arguing that the trial judgment should be set aside and that a new trial is required for the following reasons:

• The trial court failed to require the jury to make the necessary finding on causation of harm to allow for a finding of malpractice;
• The verdict slip used by the jury to record its ultimate decision was legally insufficient; and
• The judge’s instructions to the jury could not cure the legal insufficiency of the verdict slip.

Oral argument in the case can be expected during the first half of 2027. The Supreme Court decision can be expected in late 2027 or early 2028.