Personal Injury & Medical Malpractice

  • 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 Amanda Brady and Amy Mallow of Major Lindsey & Africa interview law firm management from Am Law 200 firms about how they are navigating an increasingly competitive business environment. The second conversation is with Allison Friend, chief human resources officer for Hogan Lovells LLP.

  • 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.

  • February 14, 2018

    Fla. Court OKs Spa Customer's $814K Award, Adds Atty Fees

    A Florida appellate court upheld on Wednesday an $814,000 jury verdict in favor of a woman who said that a chemical peel at a South Florida day spa permanently exacerbated a pre-existing skin condition, ruling that the trial court was right to block the spa’s only expert witness and agreeing to add attorneys' fees to the award.

Expert Analysis

  • Power, Corruption And Lies: How Juries Are Responding

    Melissa Gomez

    The American public increasingly perceives that powerful people and institutions use their authority in selfish ways. And in the courtroom, jurors are homing in on where the power lies in a case story, and how that power is used. Those of us in litigation must heed the messages jurors are sending, says Melissa Gomez of MMG Jury Consulting LLC.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • Witness Preparation Also Requires Witness Training

    Ric Dexter

    A witness who has been told what to do and what not to do will be ineffective at best. Instead, witnesses must be taught how to handle the process, and how to approach the answer to every question that they encounter. These are new skills, and they must be practiced in order to be learned, says Ric Dexter, an independent litigation consultant.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • Preemption In Pharmaceutical Cases: 2017 In Review

    Connor Sheehan

    2017 was a busy year in the evolving landscape of preemption in pharmaceutical cases. And the interplay and potential collision between state law duties and federal regulatory requirements raised in the cases decided last year will continue to evolve in 2018, says Connor Sheehan of Dunn Sheehan LLP.

  • How To Serve Your Blind Client Effectively

    Julia Satti Cosentino

    While a client’s visual impairment can create challenges for an attorney, it also can open up an opportunity for both attorney and client to learn from each other. By taking steps to better assist clients who are blind or visually impaired, attorneys can become more perceptive and effective advisers overall, say Julia Satti Cosentino and Nicholas Stabile of Nutter McClennen & Fish LLP.

  • Weekly Column

    Acting For Trial Lawyers: Emphasis And Impact Devices

    Michael DeBlis III

    As lawyers, we are very good at emphasizing the written word in our briefs through a variety of literary and stylistic devices, but we sometimes struggle to apply that same approach to the spoken word, says actor and trial lawyer Michael DeBlis.

  • Don't Let PFAS Leave A Mark On Your Business Transaction

    Alexandra Farmer

    Growing regulatory and litigation focus on per- and poly-fluorinated alkylated substances, combined with pressure to streamline due diligence, poses a challenge for environmental transactional lawyers tasked with review of industries and properties currently or previously involved in the manufacture, distribution or sale of PFAS or products containing PFAS, say Alexandra Farmer and Laura Mulherin of Kirkland & Ellis LLP.

  • Opinion

    Evolving Due Process In The Digital Age

    Stephen Kane

    Because courts have not modernized as quickly as companies like Amazon, Tesla and Apple, Americans are becoming increasingly dissatisfied, but technological innovations may be able to help Americans access their due process, says Stephen Kane of FairClaims.

  • Centers Of Influence Are Key To Small Law Firm Rainmaking

    Frank Carone

    In a national survey of 378 small law firms, partners ranked client referrals as the most important means of business development. Yet studies reveal that while professional services providers obtain most new clients from existing client referrals, their best new clients — the ones providing the largest pool of investable assets — overwhelmingly come from “centers of influence,” says Frank Carone, an executive partner at Abrams Fensterman.