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  • Massachusetts Supreme Court Holds Dismissal Of State-Law-Based Medical Device Claim Was Appropriate

    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

    • Posted in Massachusetts Medical Malpractice, Medical Device Claims
    • Tags: federal preemption, medical device claims, medical device lawyers, state law medical device claim
    • Medical Malpractice Lawyers


  • 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

    • Posted in Emergency Room Malpractice, Medical Malpractice Laws, Medical Malpractice Statute of Limitations, New York Medical Malpractice
    • Tags: continuous treatment doctrine, ER malpractice, find best New York malpractice lawyers, medical malpractice lawyers, resumption of treatment
    • Medical Malpractice Lawyers


  • 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

    • Posted in Federal Medical Malpractice Claims, Medical Malpractice Laws, Prison Medical Malpractice, Wrongful Death
    • Tags: adequate medical care in custody, Fourteenth Amendment failure-to-protect claims, inadequate medical care in jail, objectively unreasonable, prisoner malpractice lawyers, subjective deliberate indifference
    • Medical Malpractice Lawyers


  • 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

    • Posted in Federal Medical Malpractice Claims, Medical Malpractice Statute of Limitations, Medical Misdiagnosis
    • Tags: Brian Tally VA Employment Transparency Act, VA medical malpractice claims, VA medical malpractice lawyers
    • Medical Malpractice Lawyers


  • 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

    • Posted in Medical Malpractice Laws, Tennessee Medical Malpractice
    • Tags: best Tennessee medical malpractice lawyers, pre-suit notice, Tennessee medical malpractice laws
    • Medical Malpractice Lawyers


  • 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

    • Posted in Medical Malpractice Laws, New Jersey Medical Malpractice, Radiology Malpractice
    • Tags: affidavit of merit, find New Jersey medical malpractice lawyers, New Jersey medical malpractice laws, radiology malpractice claim
    • Medical Malpractice Lawyers


  • 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

    • Posted in Arkansas Medical Malpractice, Medical Malpractice Laws, Radiology Malpractice
    • Tags: Arkansas medical malpractice laws, derivative medical malpractice claim, find Arkansas medical malpractice lawyers, paraplegia medical malpractice, radiology malpractice claim
    • Medical Malpractice Lawyers


  • 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

    • Posted in Cancer Malpractice, Drug Claims, Medical Malpractice Claims, West Virginia Medical Malpractice, Wrongful Death
    • Tags: chemotherapy malpractice claim, find West Virginia medical malpractice lawyers, XELODA and heart disease
    • Medical Malpractice Lawyers


  • 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

    • Posted in Medical Malpractice Claims, New York Medical Malpractice, Surgical Medical Malpractice
    • Tags: best New York medical malpractice lawyers, ruling out all other causes, vasectomy malpractice
    • Medical Malpractice Lawyers


  • 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

    • Posted in Health Care Facts and Statistics
    • Tags: anaphylaxis and COVID-19 vaccines, bad reaction to COVID-19 vaccine, COVID-19 vaccine lawyers
    • Medical Malpractice Lawyers


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