Dion v. Graduate Hospital of the University of Pennsylvania

CIRILLO, President Judge:

Rebecca Dion, Executrix of the Estate of Lewis Dion, appeals from a final judgment of the Court of Common Pleas of Philadelphia County.

In 1972, appellant, Rebecca Dion, instituted a wrongful death and survival action. She alleged medical malpractice and product liability claims arising from the administration of “Penthrane” anesthesia to her husband during surgery. Appellant’s husband, Lewis Dion, died as a result of acute peritonitis caused by renal failure due to Penthrane toxicity.

Initially, more than fifty defendants were named in this suit. At the time of trial,…