Personal Injury & Medical Malpractice

  • February 1, 2018

    Hospital's $9M Agreement To Trump $43M Med Mal Verdict

    A Texas jury on Tuesday awarded approximately $43 million in a suit accusing a hospital of negligently allowing a physician on probation to treat a patient, which caused permanent injuries and the need for a liver transplant, but the hospital will only pay $9 million pursuant to a pre-existing agreement.

  • February 1, 2018

    USA Cycling Beats Suit Over Calif. Racer's Death

    A California appeals court on Thursday cleared USA Cycling Inc. of liability in a suit alleging a race support vehicle driver negligently blocked the course during a 2012 event, resulting in the death of a race participant, saying the sport’s governing body did nothing to increase inherent risks.

  • February 1, 2018

    Feds Drop Appeal Of $41.6M Infant Brain Injury Award

    The federal government on Thursday dropped its efforts to appeal a $41.6 million verdict won by the family of an infant who suffered permanent brain damage after a doctor at a health clinic negligently used forceps during delivery.

  • February 1, 2018

    Water District Shielded From Flooding Suit, Texas Panel Says

    A Texas water district won't have to face a lawsuit brought by about 50 property owners alleging it was responsible for flooding to their homes and related injuries after a state appellate court on Wednesday determined the governmental entity was immune from the claims, reversing a trial court's decision.

  • February 1, 2018

    Board Says Ill. Atty Dishonestly Took Funds From Client

    An Illinois review board has increased sanctions against an attorney who admitted to taking client funds without permission, ruling that the hearing board that initially determined the attorney’s penalty was wrong to say there was no evidence of dishonesty.

  • February 1, 2018

    Texas Appeals Court Sides With Doc In Expert Report Row

    A Texas appellate court on Thursday sided with a doctor in a medical malpractice suit, agreeing that an expert report submitted in support of the claims that he failed to remove the entirety of a toothpick from a patient's foot — leading to an abscess and bone infection — was deficient.

  • February 1, 2018

    Zip Line Incident At Camp Not Covered, Insurer Tells 8th Circ.

    Great American Alliance Insurance Co. asked the Eighth Circuit on Wednesday to find it does not have to cover a 2014 zip line accident at a church camp at a Baptist conference center, saying the policy only provides coverage for the areas named in the lease signed by the camp organizer.

  • February 1, 2018

    5th Circ. Won’t Interfere With Opioid Probe Into Texas Doc

    The Fifth Circuit has rejected a doctor’s attempt to block disciplinary proceedings against him for allegedly overprescribing opioids, ruling Wednesday that he failed to establish bad faith on his interrogators' part, as is required for federal courts to intervene in state civil or criminal prosecutions.

  • February 1, 2018

    All MLB Ballparks To Have Expanded Netting In 2018

    Major League Baseball on Thursday said all 30 of its clubs will have extended safety netting behind home plate at their ballparks this season, aiming to provide greater protection from bats and balls in response to growing concerns over fan safety.

  • February 1, 2018

    Ship Photographer Who Shot Murder Scene Fights Arbitration

    A photographer who worked on a Princess cruise vessel and claims he suffers from post-traumatic stress disorder after being forced to document a scene where an alleged murder took place aboard ship has urged a California federal court to deny the line's bid to send the dispute to arbitration in Bermuda.

  • February 1, 2018

    5 Challenges For Attys In Doc-Patient Sex Assault Cases

    While bringing a suit against a doctor is rarely an easy task, filing a suit alleging a doctor sexually assaulted a patient carries unique challenges that set the cases apart from the standard medical malpractice case. Here, Law360 looks at the challenges patients and their attorneys must overcome to pursue sexual assault claims against health care providers.

  • January 31, 2018

    Questions On Room Check Lead To Hotel Guest's Suit Revival

    A California appellate panel revived Wednesday a suit accusing a hotel and a maintenance worker of failing to aid a guest who suffered a brain aneurysm, saying under a theory of “negligent undertaking” there is a factual dispute over what steps the worker could have taken during a welfare check.

  • January 31, 2018

    Family Fights Verdict For Doc Who OK'd Surgery

    The family of a woman who died in surgery to remove a cancerous tumor from her skull urged the Florida Supreme Court Wednesday to overturn a directed verdict in favor of the doctor who signed off on her anesthesia, arguing that the issue of whether his actions caused the woman's death is a question for the jury and should not have been decided by the judge.

  • January 31, 2018

    Pa. Real Estate Developer Beats Man's Slip-And-Fall Suit

    A Pennsylvania appeals court on Wednesday affirmed the dismissal of a slip-and-fall suit against a real estate developer in connection with a snow-covered sidewalk, saying the case was rightly tossed under the state's "hills and ridges" doctrine protecting property owners.

  • January 31, 2018

    Insurer On Hook For $8M After Jury's Bad Faith Verdict

    A Florida state jury has found bad faith in Mercury Insurance Co. of Florida's dealings in the settlement of a car crash-related claim against its policyholder, which allegedly exposed the policyholder to an $8 million judgment that the victim then turned around and pursued Mercury for.

  • January 31, 2018

    Texas Court Tosses Wrongful Death Case Against Pharmacy

    A Texas state appeals court Tuesday tossed a wrongful death suit alleging a young woman found dead in her bathtub four days after using a compound prescription lotion would have survived had the doctor never prescribed it, finding the lower court erred in accepting unfounded expert witness testimony.

  • January 31, 2018

    9th Circ. Won't Hold Twitter Liable For Fatal ISIS Attack

    The Ninth Circuit on Wednesday affirmed a California federal judge’s finding that Twitter Inc. cannot be held liable for the Islamic State group’s killing of two government contractors due to it allowing terrorists to tweet, ruling that the victims’ families failed to show a direct relationship between the social media giant and the murders.

  • January 31, 2018

    GrayRobinson Opens In West Palm Beach With 3 Shareholders

    Florida legal heavyweight GrayRobinson PA has announced it is expanding into West Palm Beach, adding a trio of litigators from Richman Greer PA to open the firm's 14th location.

  • January 31, 2018

    Pharmacist Gets 8 Years For Making Meningitis-Linked Drugs

    The second pharmacist convicted of racketeering and fraud that led to a deadly meningitis outbreak will spend eight years in prison — one year less than his boss, a federal judge in Massachusetts decided Wednesday.

  • January 31, 2018

    Insurer, Security Co. Denied Wins In Injury Coverage Row

    A Florida federal judge on Tuesday denied summary judgment to both an insurer and a private security company in litigation over indemnity for two violent incidents outside of an Orlando venue that resulted in injuries to one patron and the death of another.

Expert Analysis

  • Proportionality, Not Perfection, Is What Matters

    John Rosenthal

    A few jurists and commentators have recently caused a stir in the e-discovery community by arguing that litigants should avoid using keyword searches to filter or cull a document population before using predictive coding. This “no-cull” rationale undermines the principle of proportionality at the heart of the recent changes to Federal Rule 26, say John Rosenthal and Jason Moore of Winston & Strawn LLP.

  • Florida Amendment 7 Objections Are On Life Support

    Corey Lapin

    Although the citizens of Florida voted to amend the state's constitution in 2004 to allow nearly unfettered access to records of “adverse medical incidents,” defendants have continued to use new and refined theories in response to Amendment 7 discovery requests. The recent ruling in Edwards v. Thomas may put an end to many of these tactics, says Cory Lapin of Manion Gaynor & Manning LLP.

  • Make Way For The 'Unicorns'

    Lucy Endel Bassli

    By "unicorn" I don’t mean the next great tech startup with a valuation of $1 billion. I mean the new breed of lawyers realizing that there are better ways to get their day jobs done, says Lucy Endel Bassli, assistant general counsel leading the legal operations and contracting functions at Microsoft Corp.

  • Series

    Judging A Book: McConnell Reviews 'Unequal'

    Judge John McConnell

    As widespread claims of sexual misconduct continue to surface in the entertainment industry and beyond, a discussion of how judges treat workplace discrimination cases may be particularly timely. Here, U.S. District Judge John McConnell reviews the book "Unequal: How America’s Courts Undermine Discrimination Law," by professors Sandra Sperino and Suja Thomas.

  • Roundup

    Making Pro Bono Work

    Pro Bono Thumbnail

    In this series, attorneys explore the challenges and rewards of pro bono volunteering in the legal profession.

  • Being There: Preparing Witnesses For Depositions

    Alan Hoffman

    Preparing witnesses to be deposed is a critical element of discovery. It is important to remember that each witness is an individual with unique personal qualities, strengths and weaknesses. Getting to know the witness helps establish rapport and trust, says Alan Hoffman of Husch Blackwell LLP.

  • Series

    Making Pro Bono Work: The Sidley-Exelon Partnership

    Kelly Huggins

    Exelon Corp. and Sidley Austin LLP have been working together on both short- and long-term pro bono matters for the past 10 years. We offer a glimpse of how we got started and what we have done in the hope that other corporate legal departments and law firms might find ways to work together to meet the legal needs of the poor, say Kelly Huggins, pro bono counsel at Sidley Austin, and Margaret Balsley-Cross, assistant general counsel at Exelon.

  • Recipe For Legal Project Management: Look To BBQ Champs

    Anthony Rospert

    As a master certified barbecue judge with the Kansas City Barbeque Society, I have noticed that the top pitmasters follow a consistent process in approaching each and every competition. Their "secret sauce" — employing project management principles — can also help lawyers achieve success, says Anthony Rospert of Thompson Hine LLP.

  • Series

    Making Pro Bono Work: Can You Practice In Your State?

    Eve Runyon

    The justice gap is a well-documented problem and over the past two decades, law firms have mobilized attorneys to provide millions of hours of pro bono every year. But for many in-house counsel, there remains a big hurdle — restrictive multijurisdictional practice rules, says Eve Runyon, president and CEO of Pro Bono Institute.

  • Opinion

    Representing Women At The Intersection Of Law And Finance

    Andrea Mitchell

    To the extent that companies have tolerated predominantly male leadership in the past because it was deemed necessary for growth and prosperity, or viewed diversity and the underrepresentation of women strictly as human resources issues, a growing body of research suggests otherwise, say Andrea Mitchell and Valerie Hletko of Buckley Sandler LLP.