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AICPA

Post & Schell, P.C. Achieves Victory in Byrne v. The Chester County Hospital, et al

Post & Schell successfully defended The Chester County Hospital in Byrne v. The Chester County Hospital, et al in actions involving claims of improper medical screening under EMTALA. Early in the action, Post & Schell won a motion to dismiss, eliminating all claims other than a medical screening violation under the Emergency Medical Treatment and Active Labor Act (EMTALA). After discovery, the U.S. Court of Appeals for the Third Circuit in a unanimous decision ruled the appellant was provided appropriate medical screening, and therefore summary judgment was granted.

Principal and Chair of the Firm’s Appellate group Barbara S. Magen led the Post & Schell team, along with fellow principals Amalia V. Romanowicz and Robin Locke Nagele.