Fessenden v. Robert Packer Hospital

OPINION BY

WECHT, J.:

Richard and Marlene Fessenden (“the Fessendens”) appeal the June 24, 2013 order granting summary judgment in favor of Robert Packer Hospital, Guthrie Clinic Ltd., and David Herían, M.D. (collectively “Appellees”). For the reasons set forth below, we reverse.

On August 13, 2004, Richard Fessenden (“Fessenden”) underwent an esophagogas-trectomy 1 at Robert Packer Hospital. The procedure was performed by David Herían, M.D. During that procedure, a laparotomy sponge was left inside of Fes-senden’s abdomen. Shortly after the 2004 esophagogastrectomy, Fessenden began experiencing…