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Personal Injury & Medical Malpractice

  • August 10, 2018

    Ky. Court Nixes $21M Award In Unnecessary Pacemaker Suit

    A Kentucky appellate panel on Friday vacated a jury’s $21.2 million award in a suit accusing a hospital and a surgeon of unnecessarily implanting a pacemaker in a patient, saying a new trial is necessary since certain claims against the two defendants should’ve been tried separately.

  • August 10, 2018

    NJ Landscaping Biz Beats Appeal In Slip-And-Fall Suit

    A New Jersey appeals court on Friday said a landscaping company was properly granted an exit from the lawsuit of an Entenmann's salesperson who fell in a parking lot under the landscaping company's care, saying there was no evidence the landscaper shirked any obligation.

  • August 10, 2018

    Needless Heart Surgery Case Continues With Fewer Patients

    An Alabama federal judge has allowed a massive malpractice case against a doctor and several hospitals that allegedly performed unnecessary heart surgeries to move forward, but with only 55 patients instead of the previous 179.

  • August 10, 2018

    Houston Atty Drops United Airport Shoving Suit

    A Houston attorney who sued United Airlines and two of its employees in June 2017 after he was allegedly pushed by a member of the airline's staff has reached an agreement to drop the lawsuit in its entirety, following his move in May to drop United and one employee from the litigation.

  • August 10, 2018

    Rising Star: Grant & Eisenhofer's Lisa Weinstein

    Lisa Weinstein of Grant & Eisenhofer PA has collected a number of multimillion-dollar settlements in birth injury cases since the start of 2017, earning her a spot as one of three personal injury and medical malpractice attorneys under age 40 honored by Law360 as Rising Stars.

  • August 9, 2018

    Goodyear Seeks New Trial After $40M Asbestos Verdict

    A New York jury has awarded $40.1 million to a man with mesothelioma, placing the bulk of the blame for his asbestos exposure on Goodyear Tire, which has asked for a new trial because of “outrageous remarks” made by the man’s counsel during closing arguments.

  • August 9, 2018

    Feds To Pay $775K To Resolve Infant Brain Damage Suit

    The U.S. will pay $775,000 to settle claims that medical staffers at a federally funded clinic were negligent during a patient's labor and delivery, leaving her newborn with a brain injury, according to documents filed Wednesday in Michigan federal court.

  • August 9, 2018

    Midtrial Toss Of Pa. Patient’s Acid Spill Suit Affirmed

    A Pennsylvania appeals court on Thursday upheld a trial judge’s decision to grant a midtrial win to a physician's assistant accused of negligently spilling acid on a child during a skin procedure, rejecting the patient’s argument that medical expert testimony was unnecessary.

  • August 9, 2018

    Ind. Panel Upholds Refusal To Allow Witness In Med Mal Trial

    An Indiana appeals court on Thursday affirmed a doctor’s trial win in a suit accusing him of negligently performing a surgery which ended in the patient's death, saying the patient’s father’s pretrial request to swap out his primary medical expert witness was properly denied.

  • August 9, 2018

    Marriott Dodges Suit Over Spanish Resort Injury

    A New Jersey federal judge on Thursday dismissed a personal injury suit against Marriott International Inc., saying that because a former guest's injury happened at a Marriott-branded resort in Spain, legal action must also happen in Spain.

  • August 9, 2018

    Doc Says Imitator Busted For Pill Mill Wrecked His Career

    Dr. Jay Joshi, an Illinois physician specializing in pain treatment, sued another doctor by the same name who was indicted for running a “pill mill” Thursday, claiming the criminal case and a mix-up about which doctor was charged has destroyed his career.

  • August 9, 2018

    Tennis Federation Wants Doping Test Suit Tried In England

    The International Tennis Federation and a doping control firm asked a Florida federal court to dismiss a suit by a professional tennis player over alleged harm from drug tests, saying she is required to bring her claims in an English court.

  • August 9, 2018

    NJ Hospital Must Face Revived Suit Over Boy's Death

    A New Jersey appeals court on Thursday revived a medical malpractice action arising from a child's death against Hackensack University Medical Center, saying a critical expert witness was wrongly barred.

  • August 8, 2018

    Judge Slashes Jury Award By $2M After Victim's Father Dies

    A California federal judge on Wednesday trimmed $2 million from a jury’s $6.5 million wrongful death award in a suit that accused a Sacramento County sheriff’s deputy of fatally shooting an unarmed schizophrenic man, saying the death of the man’s father during trial warranted the reduction.

  • August 8, 2018

    4th Circ. Says Hartford Off Hook For Ambulance-Chasing Suits

    The Fourth Circuit affirmed Tuesday that a unit of The Hartford Financial Services Group Inc. doesn’t have to defend a law firm facing two proposed class actions claiming it unlawfully used state crash records to solicit clients, agreeing with a lower court that a pair of policy exclusions apply to bar coverage.

  • August 8, 2018

    SoCalGas Reaches $119.5M Deal In Calif. Gas Leak Litigation

    Southern California Gas Co. has agreed to a proposed $119.5 million deal to end state litigation from the California Air Resources Board and the city and county of Los Angeles over the huge Aliso Canyon gas leak, the company and local officials announced on Wednesday.

  • August 8, 2018

    Hospital Says Past Deal Might Trim $6.3M Med Mal Award

    A hospital that owes $6.3 million to the New Zealand Olympic snowboard team's former coach following a medical malpractice trial asked a Colorado federal judge to look at the terms of a confidential settlement the man previously reached with doctors, saying state law prohibits double recoveries.

  • August 8, 2018

    NJ-NY Train System Knocks Down Conductor's Injury Suit

    A New Jersey appeals court on Wednesday affirmed the Port Authority Trans-Hudson Corp.'s trial win in a suit brought by a former train conductor who said her shoulder was badly injured when she opened a stuck door between cars.

  • August 8, 2018

    Insys To Pay $150M To End DOJ Scrutiny Of Opioid-Rx Bribes

    Opioid manufacturer Insys Therapeutics Inc. has agreed to pay at least $150 million for the U.S. Department of Justice to drop its criminal investigation and civil claims that the company bribed doctors to prescribe its under-the-tongue fentanyl spray, the company announced Wednesday.

  • August 8, 2018

    Va. Power Co. Wants Insurers To Defend It In Injury Suit

    A Virginia power company has filed suit in federal court accusing Continental Western Insurance Co. and other carriers of shirking their contractual duty to defend it against a lawsuit filed by a man who was shocked after his vehicle was hit by a downed power line.

Expert Analysis

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • How Texas' Anti-SLAPP Law Applies To Medical Peer Review

    Jesse Coleman

    Recent decisions both in state and federal courts have made it clear that Texas' anti-SLAPP statute likely now applies to all causes of action arising out of facts related to the medical peer review process. This will greatly increase hurdles for plaintiffs in future legal actions involving medical peer review, say Jesse Coleman and Brian Wadsworth of Seyfarth Shaw LLP.

  • A Lawyer's Guide To Genomics In Toxic Tort Cases: Part 3

    Kirk Hartley

    Genetic data and techniques are becoming ever more powerful tools for explaining when and how diseases arise. They can also have very strong evidentiary value, and in some toxic tort cases, genetic findings can provide conclusive answers for a judge or jury, say Kirk Hartley and David Schwartz of ToxicoGenomica.

  • A Lawyer's Guide To Genomics In Toxic Tort Cases: Part 2

    Kirk Hartley

    The use of genetic testing in tort litigation is relatively new. Such testing may uncover one or more gene variants that help identify individuals at an increased risk of developing a disease. Whole genome sequencing can be the best and most appropriate approach for toxic tort civil litigation, say Kirk Hartley and David Schwartz of ToxicoGenomica.

  • A Big Verdict Highlights Hazardous Trucking Practices

    John Jose

    The $90 million verdict handed down against Werner Enterprises by a Texas court in May highlights the dangers that can arise when trucking companies pair an experienced driver with a student, then allow the veteran driver to rest while the student behind the wheel faces dangerous driving conditions. Until this practice is changed, we can anticipate more lawsuits like Werner, says John Jose of Slack Davis Sanger LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • A Lawyer's Guide To Genomics In Toxic Tort Cases: Part 1

    Kirk Hartley

    Genomic data and technologies can assist both plaintiffs and defendants in toxic tort and personal injury cases in uncovering the underlying causes of disease. In coming years, the influence of genomics in civil law will be even broader than its influence in criminal law, say attorney Kirk Hartley and scientific consultant David Schwartz of ToxicoGenomica.

  • Opinion

    USOC Should Have Selected Ethics Expert As New CEO

    Ronald Katz

    The U.S. Olympic Committee is in the midst of an ethical crisis because of sexual abuse, and its new CEO does not have the background, experience or credibility to investigate the scandals. It is critical that she appoint someone to help resolve this major moral malfeasance, says Ronald Katz of GCA Law Partners LLP.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.