The Massachusetts Supreme Court held in it opinion filed on January 29, 2021 in a defective medical device case that “the complaint does not proffer sufficient factual assertions that plausibly establish causality between Genzyme’s purportedly tortious activities and Dunn’s injuries…. Read More
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New York Appellate Court Rules 2 ER Visits 2.5 Years Apart Not Subject To Continuous Treatment Doctrine
In its Decision and Order dated January 28, 2021, the Supreme Court of the State of New York Appellate Division, First Judicial Department (“New York Appellate Court”) held: “Supreme Court properly dismissed plaintiff’s action against Montefiore [Montefiore Medical Center] on… Read More
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Federal Appellate Court Reverses Summary Judgment For Defendants For Lack Of Adequate Medical Care In Jail
The United States Court of Appeals for the Ninth Circuit (“Federal Appellate Court”) held in its opinion dated January 13, 2021: “Viewing the evidence in Plaintiff’s favor, a jury could conclude that Ronnie Sandoval would not have died but for… Read More
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Brian Tally VA Employment Transparency Act
The Brian Tally VA Employment Transparency Act (“Act”) was signed into law on January 5, 2021. The Act provides that any veteran or family member who has filed a claim against the United States Department of Veteran Affairs (“VA”) for… Read More
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Tennessee Supreme Court Rules Medical Malpractice Plaintiff Failed To Provide Pre-Suit Notice To Proper Employer
James Bidwell (the plaintiff) filed his Tennessee medical malpractice action individually and on behalf of his deceased wife, Clarissa Bidwell, and her estate against Drs. Timothy Strait and Jeffrey Colburn (“the physician Defendants”) and the entities he believed to be… Read More
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New Jersey Appellate Court Affirms No Affidavit Of Merit Needed For Malpractice Claim Involving Unlicensed Employee
The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) stated in its published opinion filed on January 27, 2021, “This appeal presents a discrete yet novel issue, requiring us to determine whether an affidavit of merit (AOM)… Read More
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Arkansas Appellate Court Affirms Summary Judgment For Radiology Group In Paraplegia Medical Malpractice Case
On January 27, 2021, the Arkansas Court of Appeals Division III held: “The question of law presented is whether the Magranses can maintain their claim that ROR [Radiologists of Russellville, P.A.] is vicariously liable for the actions of Dr. Hale… Read More
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West Virginia Medical Malpractice Lawsuit Alleges Chemo Drug Caused Patient’s Death
A West Virginia medical malpractice wrongful death lawsuit alleges that a 41-year-old West Virginia man who had been recently diagnosed with rectal cancer was improperly treated with a chemotherapy drug that is known to worsen patients’ preexisting heart disease, causing… Read More
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New York Appellate Court Affirms Defendants Not Entitled To Summary Judgment In Vasectomy Malpractice Case
The Supreme Court of the State of New York Appellate Division, Fourth Judicial Department (“New York Appellate Court”) held in its Memorandum and Order entered on December 23, 2020 that the medical malpractice defendants were not entitled to summary judgment… Read More
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Anaphylaxis And COVID-19 Vaccines
A report published in JAMA on February 12, 2021 entitled “Reports of Anaphylaxis After Receipt of mRNA COVID-19 Vaccines in the US—December 14, 2020-January 18, 2021” stated: “anaphylaxis following vaccination is a rare event, with rates of 4.7 cases/million Pfizer-BioNTech… Read More
