Paternaster v. Lee

OPINION OF THE COURT

Justice NIGRO.

Appellant Lorraine Paternaster, as administratrix for the estate of Damon Paternaster, appeals from the order of the *30Commonwealth Court denying her motion for summary judgment and granting the motion for summary judgment filed by Appellee, the Commonwealth of Pennsylvania Medical Professional Liability Catastrophe Loss Fund (the “CAT Fund”). For the reasons that follow, we affirm the Commonwealth Court’s order.

In late 1986, Damon Paternaster visited Appellee Dong P. Lee, M.D., seeking medical treatment to gain weight. Dr. Lee prescribed Mr. Paternaster…