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[J-80-2004] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT LORRAINE PATERNASTER, : No. 154 MAP 2002 ADMINISTRATRIX OF THE ESTATE OF : DAMON PATERNASTER, : Appeal from the Order and Opinion of the : Commonwealth Court dated October 4, Appellant : 2002, granting Appellee's Motion for : Summary Judgment v. : : DONG P. LEE, M.D., AND THE : COMMONWEALTH OF PENNSYLVANIA : ARGUED: May 11, 2004 MEDICAL PROFESSIONAL LIABILITY : CATASTROPHE LOSS FUND, : : Appellees : OPINION OF THE COURT MR. JUSTICE NIGRO Decided: December 22, 2004

Appellant Lorraine Paternaster, as administratrix for the estate of Damon Paternaster, appeals from the order of the Commonwealth Court denying her motion for summary judgment and granting the motion for summary judgment filed by Appellee, the Commonwealth of Pennsylvania Medical Professional Liability Catastrophe Loss Fund (the "CAT Fund"). For the reasons that follow, we affirm the Commonwealth Court's order. In late 1986, Damon Paternaster visited Appellee Dong P. Lee, M.D., seeking medical treatment to gain weight. Dr. Lee prescribed Mr. Paternaster andrenocortical steroids, which he took until May 1997, when he allegedly stopped because he was experiencing negative side effects. Several years later, Mr. Paternaster apparently began suffering medical problems and he attributed those problems to his prior use of the steroids that Dr. Lee had prescribed.

Notably, when Dr. Lee treated Mr. Paternaster in 1986 and 1987, he was a licensed physician in Pennsylvania and carried a primary professional liability insurance policy in the amount required by the Health Care Services Malpractice Act (the "Act"), Act of October 15, 1975, P.L. 390, No. 111 (as amended 40 P.S.

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Pennsylvania Law