Jenkins v. Hospital of the Medical College of Pennsylvania

OPINION

ZAPPALA, Justice.

This appeal raises the issue of the constitutionality of Section 8 of the Act of April 13, 1988, P.L. 336, No. 47, which provides for the retroactive application of 42 Pa.C.S.A. § 8305(a) to any case pending or on appeal on the effective date of the statute. The Superior Court held that the retroactive application of the statute was unconstitutional because the Legislature may not extinguish a cause of action which has accrued to a plaintiff. We affirm the order of the Superior Court.

On March 8, 1984, Appellee Gwendolyn Jenkins gave birth to a male child who suffers…