Yanakos v. University of Pittsburgh Medical Center, et al.

Susan Yanakos (plaintiff) suffered from alpha-1 antitrypsin deficiency (AATD) and needed a liver transplant. Her son, Christopher Yanakos (plaintiff) volunteered to donate a portion of his liver. Christopher informed his doctor about his family’s history with AATD and asked if he suffered from it as well. Dr. Thomas Shaw-Stiffel (defendant) at the University of Pittsburgh Medical Center (UPMC) (defendant) ordered tests for AATD but never gave Christopher the results. The testing allegedly showed that Christopher also had AATD and thus should not donate a portion of his liver. Nevertheless, Christopher and Susan underwent the transplant at UPMC. Twelve years later, the Yanakoses sued Shaw-Stiffel and UPMC for medical malpractice, among other things, alleging that Susan still had AATD. The Yanakoses alleged that they did not find out about Susan’s continuing diagnosis until 11 years after the surgery. Shaw-Stiffel and UPMC argued that the claims were barred by the seven-year statute of repose in Pennsylvania’s Medical Care Availability and Reduction of Error Act (the act). The Yanakoses argued that the statute of repose violated the provision in the Pennsylvania Constitution guaranteeing citizens a right to a remedy. The trial court granted Shaw-Stiffel and UPMC judgment on the pleadings. The superior court affirmed. The Yanakoses appealed.