Personal Injury & Medical Malpractice

  • March 16, 2018

    NY Docs Got Lap Dances, Booze From Insys, DOJ Says

    Five New York doctors prescribed a potent painkiller sold by Insys Therapeutics Inc. in exchange for money and lavish kickbacks, including lap dances and liquor that two of the doctors accepted, the U.S. Department of Justice said in a felony indictment unsealed Friday.

  • March 16, 2018

    5th Circ. Can’t Review Bid To Move Suit Over Tonsil Surgery

    The Fifth Circuit on Thursday rejected a woman’s attempt to appeal a district judge’s decision to send back to state court her malpractice case against a doctor and hospital for allegedly botching her tonsil surgery, finding it had no jurisdiction.

  • March 16, 2018

    Insurer Didn't Mislead NY Doc Into Settling Med Mal Suit

    A New York appellate panel on Friday tossed a suit accusing a medical malpractice insurance carrier of fraudulently inducing a physician to settle a malpractice suit, saying the doctor’s loss of staff privileges was not caused by the deal itself.

  • March 16, 2018

    Experts At Heart Of Tension In Health Care Prosecutions

    The rare reversal of a Kentucky heart doctor’s fraud conviction and prosecutors’ appeal highlights the way the U.S. Department of Justice is using experts to dispute the necessity of health care procedures and could add another answer to when a medical outlier can be distinguished from a fraud.

  • March 16, 2018

    Aegerion Placed Under Supervision In Misbranding Settlement

    A federal judge on Friday appointed a special master to keep a watchful eye on Aegerion Pharmaceuticals Inc. as it faces court-ordered audits and the payment of $36 million to patients who were unnecessarily prescribed its expensive cholesterol drug and to government health programs that footed the bill.

  • March 16, 2018

    Cruise Photographer Who Shot Murder Scene Must Arbitrate

    A California federal judge has sent to arbitration a suit filed by a photographer who worked on a Princess cruise vessel and claims he suffers from post-traumatic stress disorder because he was forced to document the scene of an alleged murder aboard the ship.

  • March 16, 2018

    Texas Justices To Weigh In On Higher Bar In Birth Injury Suit

    The Texas Supreme Court on Friday decided to hear oral arguments in a case where a doctor is fighting medical malpractice claims brought by the parents of a baby who was injured during delivery that asks the court to clarify when a heightened legal standard of negligence applies in emergency care situations.

  • March 16, 2018

    Hilton Ducks Sanctions In $20.5M Drowning Death Suit

    A Puerto Rican federal court declined to levy sanctions against a Hilton-operated resort in a $20.5 million suit brought by the family of a man who died while snorkeling, ruling Thursday that the resort’s behavior during discovery didn’t warrant sanctions.

  • March 16, 2018

    A Chat With Littler Info Chief Durgesh Sharma

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Durgesh Sharma, chief information officer at Littler Mendelson PC.

  • March 15, 2018

    Doc Can't Duck Suit Over Botched Hysterectomy, Court Says

    A Texas appellate court on Thursday refused to dismiss a medical malpractice suit alleging a doctor had botched a hysterectomy, saying expert reports submitted in the case provided enough information to keep alive the claims.

  • March 15, 2018

    Surgery Malpractice Claim Filed Too Late, La. Panel Says

    A Louisiana appeals court on Wednesday ended a suit alleging a clinic and several physicians' negligence caused the death of a woman who underwent two surgeries in as many days and suffered a stroke after a drop in blood pressure, finding her mother missed a one-year deadline to file her claims.

  • March 15, 2018

    Ga. Appeals Court Reverses $30M Auto Negligence Verdict

    A Georgia appellate court Thursday overturned a $30 million jury verdict awarded to a woman who was injured in a head-on car collision, ruling the trial judge failed to give the jury a crucial instruction on a defense theory.

  • March 15, 2018

    Claims Against Neighbor Revived In Bee Swarm Death Suit

    The siblings of a woman who died after being attacked by bees saw their suit against a neighbor partially revived Wednesday when a Texas appellate panel held that the family's negligent undertaking claim should proceed because there was evidence the neighbor tried to eradicate the bees.

  • March 15, 2018

    Pa. Court Affirms Defense Verdict In Child’s Flu Death Suit

    A Pennsylvania appeals court on Thursday said it would not upend a defense verdict in a lawsuit looking to hold a Philadelphia-area pediatrics practice liable for allegedly failing to offer a flu shot to a child who went on to die from the illness a month later.

  • March 15, 2018

    Firms Agree To End Suit Over 'Strong Arm' Trademark

    Two personal injury firms have settled a dispute in Texas federal court over use of the term “The Strong Arm” in advertising, which both firms had used for years but that one had since trademarked, with the judge agreeing to dismiss the case Wednesday.

  • March 14, 2018

    Pa. Bridge Contractor Charged With Deadly OSHA Violation

    A Pennsylvania company specializing in bridge rehabilitation was charged Tuesday with violating federal work safety regulations, leading to the death of an employee working in a trench that caved in and crushed him.

  • March 14, 2018

    Release Bars $3.2M Bike Race Accident Verdict, Philly Says

    The city of Philadelphia told a state judge on Tuesday that a release signed by a rider in a charity bike race should cancel out a nearly $3.2 million verdict he was awarded earlier this month over injuries he suffered after hitting a sinkhole and being thrown to the street.

  • March 14, 2018

    NY Helicopter Co. Accused Of Negligence In East River Crash

    The parents of a man who died in a sightseeing helicopter crash into New York City’s East River sued the aircraft’s owner on Tuesday for wrongful death, claiming it was grossly negligent and reckless to use harnesses that provided no means of escape in an emergency.

  • March 14, 2018

    Houston Man Sues Hospital Over English-Only Instructions

    A Houston area man sued Memorial Hermann Health System in Texas state court Tuesday, alleging the English-only care instructions the hospital gave his non-English-fluent son when the man was discharged after treatment for a heart infection amounted to medical malpractice.

  • March 14, 2018

    Cheesecake Factory Defeats NJ Appeal In Dropped-Plate Suit

    The New Jersey Appellate Division on Wednesday refused to revive a lawsuit by a patron of The Cheesecake Factory alleging a fragment from a dropped plate flew into her eye, ruling that her treating ophthalmologist’s opinion, that a foreign object could have contributed to her discomfort, was speculative.

Expert Analysis

  • Calif. Duty To Defend Is In Jeopardy

    Kurt Melchior

    In Liberty v. Ledesma and Travelers v. Actavis, the California Supreme Court should stand by its long, if not uniform, history of requiring an insurer to provide defense if there is even a remote possibility that the insured's conduct or its effects were accidental, say Kurt Melchior and Joan Cotkin of Nossaman LLP.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • Doling Out 'Fair Shares' Of Asbestos Liability

    Theresa Mullineaux

    The Pennsylvania Superior Court recently ruled that the Fair Share Act applies to asbestos litigation, meaning that defendants are only responsible for the percentage they are found liable for. Defendants in such cases should ensure that all possibly liable defendants are timely joined as parties in the lawsuit, says Theresa Mullineaux of Husch Blackwell LLP.

  • How Juries View Active Shooter Premises Liability

    Bliss Piverger

    Trial consultants Bliss Piverger and Christina Marinakis of Litigation Insights Inc. discuss how jurors’ feelings about safety in the wake of a mass shooting can influence their views on lawsuits against premises owners, security companies, event organizers, gun manufacturers and social media platforms.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • 5 Easy Ways To Improve Your Demonstratives For Trial

    Jason Fowler

    Not all demonstratives are created equal. While lawyers as a group have mastered the art of presenting arguments orally and in writing, there is much room for improvement in how we present arguments visually, says Jason Fowler of Covington & Burling LLP.

  • The Art And Science Of Investigative Questions: Part 5

    David Dolkas

    In the final article in this five-part series, longtime trial lawyer David Dolkas discusses Level One and Level Two investigative questioning.

  • The Art And Science Of Investigative Questions: Part 4

    David Dolkas

    In the fourth article of this five-part series, longtime trial lawyer David Dolkas discusses the Sawatsky method and, specifically, the importance of asking who, what, when, where, why and how questions.

  • The Art And Science Of Investigative Questions: Part 3

    David Dolkas

    In the third article of this five-part series, longtime trial lawyer David Dolkas contrasts tough questions with tough-sounding questions and discusses which are likely to elicit more information from a source or witness.