What is the process for appealing a medical device injury verdict?

The process for appealing a medical device injury verdict in Pennsylvania is handled by the state’s appellate court system. After a medical device injury trial is complete, either the plaintiff or the defendant may file an appeal of the verdict. The party that wishes to appeal must then file a Notice of Appeal with the court in which the trial took place. This document explains the basis for the appeal, such as an error made by the trial court. The appellate court will then review the lower court’s judgment, consider the arguments of the appealing party, and may decide to modify or reverse the original decision. In addition to the Notice of Appeal, both parties must also submit other documents to the appellate court, such as legal briefs and transcripts of the original trial. The appellate court will then review the Appeal and issue a written opinion explaining its decision. Depending on the outcome of the appeal, either party may choose to file an additional appeal to a higher court in Pennsylvania if they disagree with the appellate court’s ruling. In certain cases, a party may also petition the Supreme Court of Pennsylvania to hear the case. This is known as "seeking allowance of appeal," which is similar to a writ of certiorari in federal court. The Supreme Court of Pennsylvania has discretion as to whether to accept or deny the petition. No matter the outcome of an appeal, legal assistance is highly recommended in order to ensure the best outcome for the party filing the appeal. Experienced counsel can guide you throughout the appeals process and ensure that you receive a fair and just result.

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