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California Appellate Court Affirms $3.9M Drug Rehab Malpractice Verdict For Patient’s Suicide

In its published opinon dated August 31, 2021, the Court of Appeal of the State of California Fourth Appellate District Division Three ("California Appellate Court") affirmed a jury's verdict in the amount of $3.9 million ...
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FiberCel Viable Bone Matrix Associated With Tuberculosis

On June 2, 2021, the FDA issued an "Urgent Voluntary Notification: FiberCel Fiber Viable Bone Matrix (“FiberCel”) - Lot Number: NMDS210011" stating: "Aziyo Biologics, Inc., (“Aziyo”) is the manufacturer of record for FiberCel Fiber Viable ...
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Louisiana Doctor Charged With Illegally Dispensing Over 1.2M Opioid Doses

On August 27, 2021, a federal grand jury in New Orleans, Louisiana returned an indictment charging a Louisiana physician for his role in distributing over 1,200,000 doses of Schedule II controlled substances, including oxycodone and ...
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Texas Appellate Court Rules Medical Malpractice Plaintiff Failed To Toll Statute Of Limitations

In Texas, health care liability claims must be brought “within two years from the occurrence of the breach or tort or from the date the medical or health care treatment that is the subject of ...
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CMS Study Reports On Disparate Effects Of COVID-19 On Nursing Home Residents

The recent CMS report entitled "The Impact of COVID-19 on Medicare Beneficiaries in Nursing" stated: "Nursing home residents account for about 2% of the Medicare population, but about 22% of all COVID-19 cases. Nursing home ...
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Study Finds Less Than 50% Of Nursing Home CNAs Are Vaccinated Against COVID-19

A study published online in JAMA Internal Medicine on September 16, 2021 reported that less than half of CNAs in the nation's nursing homes have received the COVID-19 vaccine. The researchers found: "Among the more ...
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Missouri Appellate Court Applies Continuing Care Doctrine In Partially Reviving Hip Replacement Medical Malpractice Lawsuit

The Missouri Court of Appeals Western District ("Missouri Appellate Court"), in its opinion dated August 24, 2021, partially revived the plaintiffs' Missouri medical malpractice lawsuit involving two hip replacement surgeries, by applying the continuing care ...
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Federal Appellate Court Applies Discovery Rule In Reinstating Pelvic Mesh Lawsuit Against J & J

The United States Court of Appeals for the Seventh Circuit ("Federal Appellate Court") held in its opinion dated August 24, 2021: "The statute of limitations began to run only when Ms. Stark should have realized ...
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New York Times Investigation Found At Least 21% Of Nursing Home Residents Were On Antipsychotic Medications

The New York Times reported that the worse a nursing home’s staffing situation, the greater its use of antipsychotic drugs. "That suggests that some homes are using the powerful drugs to subdue patients and avoid ...
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Michigan Appellate Court Affirms Claims Against Dentist Were For Dental Malpractice

The State of Michigan Court of Appeals ("Michigan Appellate Court") held in its unpublished opinion dated August 18, 2021: "Plaintiff’s liability theories regarding Passera’s decision to extract the tooth on August 8, 1992, the decision ...
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