Personal Injury & Medical Malpractice

  • May 14, 2018

    Hospital's Med Mal Win Nixed Due To Potential Juror Bias

    A Pennsylvania appeals court on Monday vacated a hospital's trial victory in a medical malpractice suit, saying the trial judge wasn't present during the jury selection process and therefore is not afforded deference for deciding not to excuse an admittedly biased prospective juror for cause.

  • May 14, 2018

    Minn. Hospital Beats Patient’s Suit Over Privacy Violations

    A Minnesota appeals court affirmed Monday the dismissal of a complaint a woman filed against a hospital she says violated her privacy when one of its nurses revealed in front of her visiting father and uncle that she just had a hysterectomy, which she didn’t want them to know.

  • May 14, 2018

    Legal Malpractice Suit Was Tossed Too Soon, NJ Court Says

    A New Jersey appeals court on Monday revived a legal malpractice suit accusing a personal injury attorney of botching a woman’s twin car accident settlements, saying the trial judge erred by tossing the suit before factual disputes could be resolved.

  • May 14, 2018

    Texas Doc Charged With Faking Diagnoses In $240M Scheme

    A Texas doctor was arrested Monday on charges he led a $240 million health care fraud and money laundering scheme in which he falsely diagnosed patients with degenerative diseases and gave them unneeded chemotherapy and other treatments.

  • May 14, 2018

    Inadequate Expert Credentials Doom Botched Surgery Suit

    A Connecticut appeals court has upheld a lower court's dismissal of a wrongful death case brought by the family of a man who died shortly after bariatric surgery, finding the family tried to amend an incomplete report it filed from its medical expert too late for the court to accept.

  • May 14, 2018

    50 Cent Seeks Sanctions Against Concertgoers In Injury Suits

    Hip-hop artist 50 Cent asked a Connecticut bankruptcy judge late Friday to sanction two Massachusetts women for continuing to press on with a pair of personal injury claims, saying the women have already been paid for injuries they say they suffered after the rapper sparked a melee by leaping into a concert crowd.

  • May 11, 2018

    Texas Pipe Leak Explosion Suit Sent Back To State Court

    A wrongful death suit filed by relatives of a woman killed in a gas pipe leak explosion and removed by the energy supplier defendant to federal court was sent back to Texas state court Friday when a federal judge found that state tort laws were more applicable to the case.

  • May 11, 2018

    Hospital Says Fla. Justices’ Ruling Leaves It With No Defense

    Miami Children’s Hospital asked the Florida Supreme Court on Thursday to reconsider its decision ordering a new trial in a medical malpractice suit over a child’s brain damage, arguing the ruling's failure to distinguish between the defendants “makes it all but impossible” to defend itself.

  • May 11, 2018

    Domino's Gets New Trial Of Widow's $8M Wrongful Death Suit

    A Florida appeals court said Friday that a widow who won an $8.1 million judgment against Domino’s Pizza LLC over her husband’s death from a car crash caused by a Domino’s delivery driver used improper closing arguments at trial and ordered a new trial on liability and damages.

  • May 11, 2018

    Grocery Chain Gets $1.2M Punitives Cut In Cart-Injury Suit

    An Ohio appeals court has slashed a jury's award of $1.2 million in punitive damages in a suit accusing a grocery chain of knowing customers were being injured by motorized carts but did nothing to address it, saying the award was "unconstitutionally excessive" under U.S. Supreme Court precedent.

  • May 11, 2018

    Ex-NHL Enforcer Claims New Evidence In Concussion Suit

    Former National Hockey League "enforcer" Michael Peluso on Thursday asked a Minnesota federal court for permission to file an amended complaint in his concussion suit against his former teams, saying he has new evidence the teams knew he did have a brain injury and not just a risk of one.

  • May 11, 2018

    US Escapes Marine's Sex Abuse Suit Over VA Psychologist

    A federal judge in Maryland has dismissed a Marine's suit against the government alleging the psychologist treating him at a Veterans Affairs hospital initiated an inappropriate sexual relationship with him for purportedly therapeutic purposes, ruling the government is protected under sovereign immunity.

  • May 11, 2018

    Ex-Nurse Gets 6 Years For Hiring Phony Therapists

    A former nurse practitioner has been sentenced to six years in prison for passing off unlicensed people, including a convicted felon, as mental health professionals and having them provide psychiatric care to patients through the mental health care business she operated in Pennsylvania.

  • May 10, 2018

    3rd Circ. Affirms Pa. Doctor's Trial Win In Patient Death Suit

    The Third Circuit affirmed a defense verdict in a suit alleging a patient’s death was caused by a doctor’s failure to surgically implant a feeding tube as requested by the patient’s son as power of attorney, saying on Thursday the doctor’s medical expert testimony was properly admitted at trial.

  • May 10, 2018

    Md. Atty Again Disciplined For Hiding Previous Suspension

    A Maryland appeals court on Thursday upheld an attorney’s indefinite suspension for failing to inform a client he was suspended because of a separate matter and for his continued work on the client’s personal injury case thereafter, despite his claim he was only assisting his client in finishing the job.

  • May 10, 2018

    Ind. Doctor Can’t Dodge Med Mal Suit Under Free Speech Law

    The Indiana Supreme Court on Thursday unanimously revived a medical malpractice suit accusing a pediatrician of improperly reporting to state authorities alleged "medical child abuse," saying a state law barring lawsuits that infringe free speech rights does not apply.

  • May 10, 2018

    7th Circ. Undoes $1M CVS Verdict In 'Pill Mill' Doc Case

    The Seventh Circuit has reversed an Indiana jury’s finding that CVS Pharmacy Inc. owed $1 million to a doctor who claimed the pharmacy defamed him when it refused to fill his prescriptions, ruling the trial judge blocked key evidence supporting suspicions the doctor ran an opioid mill and sending part of the case back for retrial.

  • May 10, 2018

    Philly Nurse Charged In Death Of H.R. McMaster's Father

    A nurse at a Presbyterian Senior Living facility in Philadelphia was slapped with criminal charges on Thursday for her alleged role in the death of the 84-year-old father of ex-Trump administration national security adviser Lt. Gen. H.R. McMaster Jr.

  • May 10, 2018

    Pa. Athletic Assoc. Can't Nix Student Concussion Duty Claims

    A state judge has shot down what he said were the Pennsylvania Interscholastic Athletic Association’s efforts to relitigate the scope of its alleged duties to protect high school athletes from concussions after an October appeals court ruling in an ongoing class action.

  • May 10, 2018

    Sheldon Silver, Feds Make Final Case To Jury In 2nd Graft Trial

    Prosecutors and defense lawyers made their closing arguments to a Manhattan federal jury on Thursday in the retrial of former New York State Assembly Speaker Sheldon Silver on charges that he used the powers of his office to take in $5 million in bribes and fraud proceeds.

Expert Analysis

  • Series

    Dissolving Practice: The Unfinished Business Doctrine

    Thomas Rutledge

    There has been, of late, significant dispute as to the application of the unfinished business doctrine, particularly with respect to hourly rate matters of now-dissolved large law firms. And the California Supreme Court’s recent decision in Heller Ehrman, like others as to similar points, is highly questionable, says Thomas Rutledge of Stoll Keenon Ogden PLLC.

  • 3 Key Concussion Issues To Be Decided By Ohio High Court

    Michael Nelson

    Individual concussion cases are moving forward at a faster clip than class actions and making law that may have far-reaching implications for collegiate sports and beyond. Schmitz v. NCAA — which will be argued before the Ohio Supreme Court on April 11 — is a prime example of the trend, say attorneys with Jenner & Block LLP.

  • 'Malpractice' By A Computerized Decision-Support Tool?

    Charles Weiss

    Skounakis v. Sotillo, a case recently decided by the New Jersey Appellate Division, illustrates circumstances in which tort claims are brought against the supplier of a clinical computerized decision-support tool, and some of the issues that can arise in this type of case, says Charles Weiss of Holland & Knight LLP.

  • Vindication Of Employers' Jones Act Rights At 5th Circ.

    Matthew Guy

    The Fifth Circuit's recent decision in Denetra Thomas v. Hercules Offshore Services — holding that a mobile offshore drilling unit was subject to U.S. Coast Guard regulations not those of the Occupational Health and Safety Administration — shows that employers can successfully defend Jones Act claims when an employee fails to provide evidence of fault, says Matthew Guy of Adams and Reese LLP.

  • There Is A Cognitive Science Behind Big Jury Verdicts

    Dennis.Stolle

    In most trials with large verdicts, the jury award is determined by multiple factors, including the facts of the case, strength of evidence, bias, emotion and jury instructions. However, we should not disregard the effect on jurors of the cognitive limits conceptualizing large numbers, say Dennis Stolle and Amit Patel of ThemeVision LLC, a jury research and litigation consulting firm affiliated with Barnes & Thornburg LLP.

  • Opinion

    BigLaw Doesn't Have A Diversity Problem

    Marlen Whitley

    Although the lack of racial and gender diversity among the ranks of the majority of both midsized and top law firms is a major issue, it’s past time to shed light on the real problem — inclusion, or lack thereof, says Marlen Whitley of Reed Smith LLP.

  • Pa. High Court Ruling Erodes Medical Peer Review Protection

    Robin Locke Nagele

    The Pennsylvania Supreme Court's recent decision in Reginelli v. Boggs — holding that a physician practice group that employed physicians and other licensed health care providers did not qualify for peer review privilege protection — is striking and signals two very significant shifts in the state's peer review analysis, says Robin Locke Nagele of Post & Schell.

  • The Importance Of Attorney Etiquette In The Courtroom

    Christina Marinakis

    It’s difficult to say whether an attorney’s social etiquette has any impact on the verdict outcome, but the fact that jurors continually tell us about counsel’s irksome behaviors suggests that, at the very least, these behaviors distract jurors from the issues on which they should be concentrating, says Christina Marinakis, director of jury research at Litigation Insights.

  • Opinion

    Roman J. Israel, Esquire, Meet Donald J. Trump, POTUS

    Kevin Curnin

    Despite the Trump administration's desire to shut down the Legal Services Corp., thankfully the budget that Congress passed and the president signed into law last week has restored $410 million of funding to the legal aid organization. An unlikely brief for preserving LSC may be found in the quirky Denzel Washington film "Roman J. Israel, Esq.," says Kevin Curnin, immediate past president of the Association of Pro Bono Counsel.

  • Opinion

    We Need A Cybersecurity Framework For Law Firms

    Shaun Jamison

    In order to enable lawyers to best meet cybersecurity challenges, state bars should pass rules that adopt a cybersecurity framework to be developed by a national committee, says Shaun Jamison, associate dean of faculty and professor at Purdue University's Concord Law School.