Personal Injury & Medical Malpractice

  • February 16, 2018

    McElroy Deutsch Nabs Ex-Locke Lord Atty For New RI Office

    McElroy Deutsch Mulvaney & Carpenter LLP has expanded into Rhode Island, as the firm opened an office in the state and brought in a former Locke Lord LLP product liability and health care specialist to manage and build out the new location.

  • February 16, 2018

    Ill. Court Affirms Transfer Of Suit Against Redbox Driver

    A pedestrian who was struck by the vehicle of a Redbox Automated Retail LLC employee failed Thursday to return her suit against the company to Cook County, Illinois, with an appellate court finding that the pedestrian's home county of Kane was a better fit for the case.

  • February 16, 2018

    Mass. Court Affirms Toss Of Negligent Discharge Suit

    A Massachusetts appeals court Thursday affirmed the dismissal of a wrongful death case that alleged a psychiatric hospital was negligent in releasing a woman who had just suffered the loss of premature twins and who died of a drug overdose a day after being discharged.

  • February 15, 2018

    Texas Architects Escape Death Suit Over Faulty Design

    A Texas appellate panel dismissed a suit accusing an architectural firm of negligently designing a traffic intersection outside a convention center that purportedly caused the death of a pedestrian, saying an expert witness retained by the pedestrian's family was not a licensed architect.

  • February 15, 2018

    Texas Jury Slaps Docs With $6.6M Verdict In Blood Clot Case

    A Harris County, Texas, jury on Thursday awarded a patient $6.6 million in a medical malpractice lawsuit, finding that two doctors were liable for failing to diagnose and treat a blood clot that left her with permanent medical issues.

  • February 15, 2018

    NCAA, College At Fault For Foul Ball Injury, Ex-Player Says

    A former Division II college baseball player and his parents launched a lawsuit against his school and the National Collegiate Athletic Association in Pennsylvania federal court Wednesday, accusing them of not doing enough to protect him from a foul ball that allegedly struck him and caused severe neurological damage.

  • February 15, 2018

    Pa. Justices Snub Patient's Appeal Over Brain Hemorrhage

    The Pennsylvania Supreme Court will not hear an appeal from a patient who claimed that a doctor’s failure to advise him to take blood-monitoring tests caused a brain hemorrhage.

  • February 15, 2018

    NY High Court Backs ‘Continuous Treatment’ Med Mal Rule

    New York’s highest court on Thursday allowed a suit accusing a doctor of botching a woman’s 1999 shoulder surgery to move forward, saying a factual dispute exists as to whether the statute of limitations can be tolled under the “continuous treatment” doctrine.

  • February 15, 2018

    Paris Survivor Blames Social Media Giants For ISIS Terror

    A woman who was injured in a November 2015 attack in Paris by members of the Islamic State group filed a lawsuit in Chicago federal court Thursday claiming Twitter Inc., Facebook Inc. and Google Inc. unlawfully provide the material support that allows the extremist group to organize and thrive.

  • February 15, 2018

    Texas Court Says Suit Over Post-Surgery Pain Not Timely

    A Texas appeals court on Wednesday quashed the case of a woman claiming doctors’ negligence during surgery caused her nerve pain, finding she filed no timely, formal notice of her claim and that the problems doctors documented months after her surgery didn’t provide “actual” notice of a possible malpractice suit.

  • February 15, 2018

    Houston Homeowners Can't Revive Flood Negligence Suit

    Houston-area homeowners can’t revive their suit blaming the operator of a wastewater pumping facility for flooding to their homes, a Texas appellate court held Thursday, saying the homeowners hadn’t offered any facts that could demonstrate the operator negligently oversaw wastewater infrastructure in their neighborhood. 

  • February 15, 2018

    Navy Yard Shooting Victims Must Propose Damages By April

    Families of victims of a 2013 mass shooting at the Washington Navy Yard must submit damages demands by mid-April in a group of negligence suits against Hewlett Packard Enterprise Services LLC and another information technology company that employed the shooter, a D.C. federal judge said Thursday.

  • February 15, 2018

    Co. Can't Dodge Liability For Worker's Finger Amputation

    A Pennsylvania state judge is refusing to allow Carpenter Technology Corp. to dodge liability under a workers’ compensation law provision for an accident in which an employee at a subsidiary company lost two fingers in a spinning lathe.

  • February 15, 2018

    NJ Court Bars ‘Pre-Pre-Existing’ Condition In Cancer Case

    A New Jersey judge has ruled a DNA mutation that increased a woman’s breast cancer risk is a “pre-pre-existing condition” that cannot be used as evidence of a “precancerous condition” by her doctor, who is defending himself in a malpractice trial for an alleged misdiagnosis of breast cancer that led her to get a double mastectomy.

  • February 15, 2018

    Texas DOT Can't Nix Jury Award For Injured Motorcyclist

    The Texas Department of Transportation on Wednesday lost its bid to nix a jury verdict in favor of an injured motorcyclist, when a Texas appellate court determined there was sufficient evidence to support the jury's finding that the agency was negligent in warning about dangerous road conditions.

  • February 15, 2018

    A Chat With Hogan Lovells HR Chief Allison Friend

    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 Allison Friend, chief human resources officer for Hogan Lovells.

  • February 14, 2018

    Ohio Court OKs Win For Doc, Nurse In Suit Over Man's Death

    An Ohio appeals court on Wednesday cleared a doctor and nurse of liability in a suit accusing them of being responsible for a man's heart attack death, saying the evidence presented was sufficient for a jury to reasonably determine that the pair did not cause the patient's death.

  • February 14, 2018

    Calif. Court OKs Doc's Injury Verdict, Nixes $2.9M Fees Award

    A California appeals court on Tuesday affirmed a jury’s decision to award a medical technician $225,000 in a suit accusing a doctor of sexual battery, but reversed a trial judge’s award of $2.9 million in attorneys’ fees, saying a doubling of fees may not have been fair.

  • February 14, 2018

    Venture Capitalist Sued For Alleged In-Flight Sex Battery

    A 29-year-old co-founder of tech companies hit a 73-year-old Silicon Valley venture capitalist with a sexual battery suit in California state court Wednesday, alleging that he groped her on a red-eye flight.

  • February 14, 2018

    Doc’s Trial Win Preserved In Case Over Botched Biopsy Death

    A Pennsylvania appellate court declined Wednesday to revive a suit brought by the husband of a deceased patient who blamed a bungled biopsy for his wife’s death, ruling that the trial court judge had decided correctly on several evidence-related questions regarding the trial.

Expert Analysis

  • Recent Illinois Verdicts Reinforce Potency Of Remittitur

    Agelo Reppas

    As tort defendants and their insurers continue to face enormous exposure in catastrophic personal injury cases, they are recognizing that post-trial proceedings are critical to the success of any future appeal, as they represent a defendant’s lone opportunity to challenge a verdict as excessive in the court in which it was rendered, says Agelo Reppas of BatesCarey LLP.

  • Feature

    From Law Firm To Newsroom: An Interview With Bob Woodruff

    Randy Maniloff

    Lawyers who have left the traditional practice for perceived greener pastures are many. But the circumstances surrounding broadcast journalist Bob Woodruff’s departure are unique. Like none I’ve ever heard, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Kendall Reviews 'On The Jury Trial'

    Judge Virginia Kendall

    As someone who spent half her days last year on the bench presiding over trials, I often find the alarmist calls to revamp the jury trial system a tad puzzling — why is making trial lawyers better rarely discussed? Then along comes a refreshing little manual called "On the Jury Trial: Principles and Practices for Effective Advocacy," by Thomas Melsheimer and Judge Craig Smith, says U.S. District Judge Virginia Kendall of the Northe... (continued)

  • Weekly Column

    Acting For Trial Lawyers: Finding The Theme Of Your Case

    Michael DeBlis III

    Just in time for film award season, actor and trial lawyer Michael DeBlis discusses how some of the tools and techniques of the stage can be used by lawyers in the courtroom.

  • Do I Need New Trial Counsel? 9 Questions To Ask

    Russell Hayman

    Initial selection of defense counsel is usually made at the outset of litigation, long before it is known whether the case may actually proceed to trial. Attorneys with McDermott Will & Emery discuss questions in-house lawyers should consider when deciding whether their litigation counsel should remain lead trial counsel in a case proceeding to trial.

  • Fla. Case Points To Speculative Nature Of Asbestos Claims

    Corey Lapin

    Last month, a Florida appeals court erased a sizable verdict against Bechtel Corporation for a worker's asbestos exposure decades ago. The court found that the jury should never have considered claims against the defendant because of the plaintiffs’ insufficient evidence. The case highlights the lack of clear causation in many asbestos claims, says Cory Lapin of Manion Gaynor & Manning LLP.

  • Lessons From President Trump's Failed Judicial Nominations

    Arun Rao

    On Tuesday, the Trump administration announced 12 new judicial nominations. We will soon discover whether these candidates learned from the mistakes of the three nominees forced to withdraw in December after bipartisan concerns arose over their qualifications, says Arun Rao, executive VP of Investigative Group International.

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.

  • 6 E-Discovery Predictions For 2018

    Erich Potter

    Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.

  • 6 Roles To Embrace In An Evolving Legal Industry

    Rob MacAdam

    Smart law firms are increasingly positioning professionals to proactively guide them as the legal landscape reshapes itself, harnessing six emerging roles within their organizational charts to embrace new approaches, tools and systems, says Rob MacAdam of HighQ.