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Personal Injury & Medical Malpractice

  • May 1, 2018

    Ohio Doc’s Move To Fla. Revives Untimely Paraplegia Suit

    An untimely suit accusing an Ohio doctor of causing a patient to become a paraplegic because of negligent treatment was revived Tuesday by the Sixth Circuit, which ruled that because the doctor moved to Florida, the clock on the patient’s claims was halted, as required by Ohio law.

  • May 1, 2018

    Calif. Fertility Clinic Faces Combined Suit Over Lost Embryos

    A California federal judge consolidated three proposed class actions accusing a California fertility center of negligence and breach of contract in connection with the destruction of stored embryos and eggs due to a cooling malfunction in the facility’s storage tanks, after the parties agreed to combine the cases.

  • May 1, 2018

    NC Panel Backs Duke Health's Win In Unneeded-Surgery Suit

    A North Carolina appeals court Tuesday upheld a directed verdict in favor of Duke University Health System in a malpractice case filed by a patient alleging he underwent unnecessary surgery for a malignant brain tumor that was ultimately found to be benign.

  • May 1, 2018

    Ill. Appellate Court Lets Chicago Out Of Club Stampede Case

    An Illinois appellate panel on Monday affirmed the dismissal of the city of Chicago from a long-running case over a February 2003 "stampede" at the E2 Nightclub in Chicago, which resulted in 21 deaths and even more injuries as people rushed to the exit after a fight in the club led to panic and a scramble for the door.

  • May 1, 2018

    Sony Should Face Toxic Exposure Suit, Calif. High Court Told

    A woman who alleges her developmental disorders were caused by in utero exposure to toxic chemicals while her mother worked at a Sony manufacturing plant told the California Supreme Court on Tuesday that under state law, her claims should have tolled until she was an adult.

  • May 1, 2018

    Iran Ordered To Pay $6.27B To 9/11 Victims' Families

    A federal judge in New York ordered Iran to pay certain family members of 9/11 victims some $6.27 billion as compensation for pain, suffering and mental anguish after the Islamic republic failed to refute allegations that it sponsored al-Qaida and was partly liable for the terrorist attack.

  • May 1, 2018

    Nursing Home Gets Trial Win Restored In Sepsis Suit

    A Washington state appeals court has reinstated a nursing facility's win in a wrongful death case brought by the family of a woman who died of sepsis, striking down the trial court's findings of discovery violations and defense counsel misconduct.

  • May 1, 2018

    Pa. Panel Nixes $35M Award In Crash That Killed 6-Year-Old

    A Pennsylvania appellate court has vacated a $35 million jury award against a commercial contractor whose employee crashed into a car stranded on a highway, killing a 6-year-old, with the majority ruling that the trial court had been wrong to dismiss the company’s claims against the car driver and auto repair shops that had serviced the vehicle.

  • April 30, 2018

    $1M Award Overturned In Suit Over Botched Eye Surgery

    A Maryland appeals court on Friday overturned a jury’s $1 million award holding a physicians practice group liable in a suit accusing one of its surgeons of botching a man’s surgery, saying because the jury cleared the surgeon of liability it must also clear the practice group.

  • April 30, 2018

    Insurer Off Hook For Injury Suits After Jury Calls Venue A Bar

    A Florida federal judge on Monday fleshed out a jury’s recent verdict in litigation over indemnity for two violent incidents outside of an Orlando venue, saying that since the jury found the venue was a bar or nightclub, coverage is excluded.

  • April 30, 2018

    Mass. Mental Health Facilities Must Face FCA Suit

    A federal judge told a Massachusetts mental health group in court on Monday that it will not escape an allegation that the company has for eight years been overbilling state and federal health insurance programs for treatments conducted at clinics allegedly run by unlicensed, untrained and unsupervised personnel.

  • April 30, 2018

    Jury Convicts Mass. Doc Of Giving Patient Info To Drug Co.

    A federal jury in Springfield, Massachusetts, on Monday convicted a gynecologist of disclosing her patients’ private medical information to a sales representative at Warner Chilcott and then lying about it to federal agents during an investigation into a doctor-kickback scheme the company admitted in 2015.

  • April 30, 2018

    Minn. Court Sets Expert Report Deadline For Med Mal Cases

    A Minnesota appeals court on Monday effectively created a bright-line rule regarding how much time plaintiffs have to file an expert opinion in medical malpractice cases, saying plaintiffs have 180 days to file after the start of discovery, which begins no later than 30 days after the defendant’s answer.

  • April 30, 2018

    NY Court Tosses Doc's Win In Wrongful Death Suit

    The family of a man who died suddenly just days after going to a doctor for chest pains deserves a retrial, a New York appellate court has ruled in reversing a trial judge's directed verdict in favor of the doctor, saying there is enough evidence for a jury to consider.

  • April 30, 2018

    6th Circ. Leans Towards Reviving Heart Doc's Fraud Case

    The Sixth Circuit court of appeals took a skeptical stance towards the arguments of a Kentucky heart doctor attempting to preserve a federal judge's ruling overturning his conviction on health care fraud.

  • April 30, 2018

    Weber Gallagher Adds 5 Wilson Elser Attys To Med Mal Group

    Five attorneys from Wilson Elser Moskowitz Edelman & Dicker LLP have left the international firm to join Weber Gallagher Simpson Stapleton Fires & Newby LLP's medical malpractice team in its Bedminster, New Jersey, office, the latter firm announced on Monday.

  • April 30, 2018

    VA Escapes Med Mal Suit Over Sleeping Medication

    A Tennessee federal judge has tossed a man’s case against the U.S. Department of Veterans Affairs claiming he wasn't prescribed much-needed medication that could have saved him from years of insomnia and opened doors to lucrative jobs, finding his suit was filed well past the legal deadline.

  • April 30, 2018

    Ex-NECC Employees Don't Want Jury To Hear Of Drug Harms

    New England Compounding Center pharmacists and other former employees facing mail fraud charges as a result of the infamous 2012 fungal meningitis outbreak told a Massachusetts federal judge Monday that the jury at their upcoming trial should not hear about the harm caused by the center's tainted drugs, arguing it would lead the panel to act on emotion.

  • April 27, 2018

    Ala. High Court Nixes Suit By Patient's Ex-Estate Admin.

    The Alabama Supreme Court on Friday upheld the tossing of a wrongful death case brought by the former estate administrator of a woman cared for by a University of Alabama-affiliated practice group, ruling that his right to bring action on her behalf had been terminated in probate court months before he filed suit.

  • April 27, 2018

    Fight Over NFL's Fraud Claims In Concussion Case Heats Up

    The fight over the NFL's bid to appoint a special investigator of fraud in the $1 billion concussion settlement began heating up Friday, as firms representing players lined up on opposing sides of the proposal and newly obtained documents revealed just how bitter the disagreements among plaintiffs’ attorneys have become.

Expert Analysis

  • 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.

  • Recent Illinois Verdicts Reinforce Potency Of Remittitur

    Agelo Reppas

    As tort defendants and their insurers continue to face enormous exposure in catastrophic personal injury cases, they are recognizing that post-trial proceedings are critical to the success of any future appeal, as they represent a defendant’s lone opportunity to challenge a verdict as excessive in the court in which it was rendered, says Agelo Reppas of BatesCarey LLP.

  • Feature

    From Law Firm To Newsroom: An Interview With Bob Woodruff

    Randy Maniloff

    Lawyers who have left the traditional practice for perceived greener pastures are many. But the circumstances surrounding broadcast journalist Bob Woodruff’s departure are unique. Like none I’ve ever heard, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Kendall Reviews 'On The Jury Trial'

    Judge Virginia Kendall

    As someone who spent half her days last year on the bench presiding over trials, I often find the alarmist calls to revamp the jury trial system a tad puzzling — why is making trial lawyers better rarely discussed? Then along comes a refreshing little manual called "On the Jury Trial: Principles and Practices for Effective Advocacy," by Thomas Melsheimer and Judge Craig Smith, says U.S. District Judge Virginia Kendall of the Northern District of Illinois.