Personal Injury & Medical Malpractice

  • February 27, 2018

    Texas Panel OKs Defense Win In Suit Over Man's Death

    A Texas appeals court on Tuesday affirmed a jury verdict in favor of a woman sued for being responsible for a minor car accident that purportedly caused a man’s late-onset injuries and eventual suicide, saying certain jury instructions were not unfair and the evidence supported the verdict.

  • February 26, 2018

    Family Of Veteran Who Committed Suicide Wins Med Mal Trial

    A Kansas federal judge ruled Friday that the federal government is liable in a suit accusing Veterans Affairs medical staff of being responsible for the suicide of a former U.S. Marine suffering from post-traumatic stress disorder.

  • February 26, 2018

    Cleveland Clinic Surgeon Escapes Patient Injury Suit

    An Ohio state appeals court on Friday affirmed the dismissal of a suit accusing a Cleveland Clinic surgeon of negligently performing a routine shoulder surgery, saying the patient failed to present medical expert testimony that the doctor caused her injury.

  • February 26, 2018

    Dealership's Delay Undercuts Bid To Nix Pa. Car Crash Award

    A Pennsylvania appeals court refused to strike a judgment against an auto dealership Monday after agreeing that the company had waited too long to respond to claims it was facing over a car crash involving one of its employees.

  • February 26, 2018

    Ga. Appeals Court Says Elderly Patient Has Right To Sue

    A Georgia appeals court has reversed a trial judge’s decision to send a nursing home resident’s malpractice suit to arbitration, saying that just because a relative had the authority to make health care decisions on the man's behalf didn’t mean that family member had the right to decide how a legal grievance should be litigated.

  • February 26, 2018

    Education Dept. To Investigate Michigan State Over Nassar

    The U.S. Department of Education said Monday it will open an investigation into Michigan State University’s handling of reports of sexual abuse and assault against former sports doctor Larry Nassar, as the fallout continues from allegations by female gymnasts that the school failed to adequately protect them.

  • February 26, 2018

    Strip Club Can Arbitrate Dancer's Claims, Texas Court Says

    A Dallas dancer who alleges the strip club that employed her negligently overserved her alcohol and contributed to her single-car crash after leaving work must take her claims to arbitration, a Texas appellate court held Friday in reversing a trial court decision against Buck’s Cabaret.

  • February 26, 2018

    Doctor Charged Over Sharing Patient Info With Aegerion

    A pediatric cardiologist was charged with wrongfully disclosing protected health information in Massachusetts federal court Monday, with prosecutors alleging that in 2013, the Georgia man disclosed patient data to representatives of Aegerion Pharmaceuticals Inc., which recently pled guilty to marketing cholesterol drug Juxtapid for off-label uses during the same time frame.

  • February 26, 2018

    NY Judges' Facebook Ruling May Aid Targets Of Injury Suits

    A New York high court decision granting access to the private portions of a plaintiff’s Facebook account because it was relevant to her personal injury allegations could be a boon for defense counsel and help clients beat suits by making it easier to obtain contradictory and potentially damning evidence.

  • February 23, 2018

    Meningitis Pharmacist Must Forfeit $175K Before Restitution

    A former Massachusetts pharmacist convicted of recklessly mixing drugs that led to a 2012 meningitis outbreak must forfeit $175,000, or less than one-half of his salary from the roughly three years a jury decided his laboratory degenerated into a criminal enterprise, a federal judge decided on Friday.

  • February 23, 2018

    2nd Circ. Won’t Revive Surgery Patient’s Med Mal Case

    The Second Circuit on Friday upheld the toss of a malpractice case accusing a New York City hospital of causing nerve damage in a man’s shoulder by improperly positioning him during surgery, finding the patient’s expert testimony was far too speculative.

  • February 23, 2018

    Texas Justices Pass On Hospital's Expert Report Row

    The Texas Supreme Court on Friday denied a request from Methodist Richardson Medical Center to intervene in a wrongful death lawsuit brought by the widow of a former patient, leaving in place a lower court's ruling granting the widow an extension to fix deficiencies in an expert report submitted in support of her claims.

  • February 23, 2018

    ‘Strategy’ Defense Fails Atty Who Shirked Case: Texas Court

    A Texas appeals court has upheld a jury’s findings that an attorney violated state professional rules of ethics, noting that by his own admission he outright ignored discovery requests and was generally unresponsive in representing an auto accident client.

  • February 23, 2018

    Top Challenges Facing Amtrak In 2018

    Amtrak is facing growing pressure to improve its spotty performance, justify its national network of routes, and modernize its systems following a string of high-profile derailments and accidents and continuing threats to its budget.

  • February 23, 2018

    Judge Calls For Sanctions In WWE Concussion Suit

    A Connecticut federal judge on Thursday recommended partial sanctions against the lead attorney for two former wrestlers in the concussion suit against World Wrestling Entertainment Inc., calling for him to pay for legal fees associated with the sanctions motion and warning him that failure to follow another court order would result in his dismissal from the suit.

  • February 23, 2018

    La. Court Revives Suit Over Hospital Care During Katrina

    A Louisiana state appellate court has revived a woman’s suit against a New Orleans hospital over the way it allegedly failed to provide for her mother during Hurricane Katrina, ruling that the woman should be allowed more discovery time to find an expert to support her claims.

  • February 22, 2018

    Sam's Club Can't Escape $1M Verdict Over Woman's Injury

    Sam's Club again lost its challenge to a $1 million verdict for a customer left scarred and limping after injuring her leg at a New Jersey store, with a state appeals court saying Thursday that the business failed to show the award constitutes a miscarriage of justice.

  • February 22, 2018

    Va. Supreme Court Overturns Patient’s $652K Med Mal Verdict

    The Virginia Supreme Court on Thursday overturned a jury verdict which found a doctor liable for injuries suffered by a woman due to an alleged botched hysterectomy, saying the patient failed to present any evidence at trial that the doctor proximately caused her injury.

  • February 22, 2018

    Doc Asks Texas Justices To Review Med Board Subpoenas

    A Texas doctor who is facing an investigation into his care of three patients has asked the state Supreme Court to hear his constitutional challenge to billing record subpoenas issued by the state medical board.

  • February 22, 2018

    Jury Awards $53M To Brothers Injured In Truck Collision

    A California jury awarded nearly $53 million on Wednesday to a pair of brothers whose pickup truck was hit by the driver of a CRST Inc. commercial truck that crossed over the center line of a two-lane highway.

Expert Analysis

  • Preparing Your Company Witnesses For The Gotcha Question

    Matthew Keenan

    Catching a witness flat-footed on an important topic is no longer confined to cable news, and corporate legal defenses can likewise die when witnesses profess ignorance on things that jurors believe they should know. However, employing some common sense tools can minimize potential harm, says Matthew Keenan of Shook Hardy Bacon LLP.

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.

  • 7 Ways To Take Video Depositions That Your Jury Will Like

    Jeb Butler

    Depositions are all about sound bites. You’ll either play them for the jury on video or use them for sharp, crisp impeachment. Either way, the message must be pithy and concise, says Jeb Butler of Butler Tobin LLC.

  • Roundup

    Judging A Book

    Justice and Empathy

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • Feature

    An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • Opioid Epidemic Brings Ramifications For Physicians

    Joseph Gorrell

    The opioid epidemic is putting a white-hot spotlight on physicians for the foreseeable future. Careful adherence to regulations in their roles as both practitioner and employer can help physicians avoid unwanted scrutiny and penalties that could, at their harshest, threaten their livelihoods, say Joseph Gorrell and Matthew Collins of Brach Eichler LLC.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.