It has been reported that 62-year-old Dr. Berto Lopez, 62, who had practiced obstetrics and gynecology in West Palm Beach, Florida for 38 years, had his medical license revoked after he was found liable for the death of Onystei Castillo-Lopeza,… Read More
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Pennsylvania Appellate Court Orders New Trial On Damages For Pain And Suffering For Medical Malpractice Plaintiff
The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”), in its opinion filed on April 16, 2021, granted a new trial to the Pennsylvania medical malpractice plaintiff in a case where the jury determined that the defendant physician acted negligently in… Read More
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Texas Supreme Court Holds Mental Health Section 1983 Claim Subject To Texas Medical Liability Act’s Expert Report Requirement
The Supreme Court of the State of Texas (“Texas Supreme Court”) stated in its opinion delivered on April 16, 2021: “The questions before us are (1) whether claims asserted against a state mental health facility and its employees arising from… Read More
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Kansas Supreme Court Upholds Statutory Ban On Wrongful Birth Claims
The Supreme Court of the State of Kansas (“Kansas Supreme Court”), in its opinion dated April 30, 2021, stated: “This case considers the constitutional validity of a statute abolishing a medical malpractice claim commonly known as a “wrongful birth” action…. Read More
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New Book Sheds Light On Failed Medical Malpractice Tort Reforms
The Cato Institute released a new book on April 29, 2021 entitled “Medical Malpractice Litigation How It Works — Why Tort Reform Hasn’t Helped” that “compiles decades of real‐world data to shatter persistent myths that surround the debate over “med mal”… Read More
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$29.5M Nevada Medical Malpractice Verdict For Negligently Treated Anaphylaxis Leading To Brain Damage
On April 9, 2021, a Nevada medical malpractice jury returned its verdict in favor of the plaintiff in the amount of $29.5 million, which included $15 million in compensatory damages for past and future pain and suffering, $12.5 million for… Read More
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Mizzou BioJoint Settlements Announced
The University of Missouri has reportedly settled personal injury and false advertising lawsuits filed from 2018 through 2020 that allege that the “BioJoint” surgeries pioneered by two university employees, orthopedic surgeon Dr. James Stannard and veterinarian Dr. James Cook, which… Read More
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Pennsylvania Appellate Court Affirms Nursing Home Arbitration Agreement Was Unconscionable
In denying a nursing home’s motion to enforce an arbitration against one of its residents, the Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) stated in its non-precedential Decision field on March 5, 2021: “the Facility offered a classic contract of… Read More
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GAO Report: Nursing Home Infection Control Deficiencies “Widespread And Persistent” Before COVID-19
The U.S. Government Accountability Office (“GAO”) reported: “Prior to the COVID-19 pandemic, we found that most nursing homes were cited for infection prevention and control deficiencies (82% of those surveyed from 2013-2017). About half of these homes had persistent problems… Read More
