Superior Court: Nurse Seeking Damages for Vaccine-Related Injuries Must First Exhaust Remedies under Vaccine Act

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The Pennsylvania Superior Court remanded and instructed a lower court to dismiss a nursing manager’s medical malpractice complaint after she sought damages for vaccine-related injuries without first exhausting available remedies under a national program.

The three-judge panel in Sullivan v. Holy Redeemer Hospital, including Judges Alice Beck Dubow, Mary Murray and James Gardner Colins, recently considered the interlocutory appeal by permission from an order denying the motion of appellants Holy Redeemer Hospital and Medical Center and Holy Redeemer Health System to dismiss a medical malpractice case filed by Lisa Sullivan, who worked in the hospital’s emergency room, and alleged she suffered injuries to her shoulder after being administered a tetanus vaccine.