Kinney-Lindstrom v. Medical Care Availability & Reduction of Error Fund

OPINION

Justice BAER.

These appeals involve a declaratory judgment action filed by Lisa Kinney-Lindstrom (“Mother”) against the Medical Care Availability and Reduction of Error Fund (“MCARE Fund”). Mother seeks a ruling as to the number of “occurrences” for which the MCARE Fund is liable based on allegations that her physician failed to diagnose in a timely manner discrete in útero infections suffered by her twins, which caused severe injuries to both children. The Commonwealth Court granted summary judgment in favor of the MCARE Fund, holding that the physician’s failure to diagnose Mother’s…