In its November 6, 2020 opinion, the District Court of Appeal of Florida Second District (“Florida Appellate Court”) held: “Because the Pollocks introduced evidence that only established that a judgment of $250,000 was collectable, we reverse and remand for a… Read More
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Gilead Will Pay $97M To Resolve Alleged False Claims Act Liability For Illegal Kickbacks
The U.S. Department of Justice announced on September 23, 2020 that the pharmaceutical company Gilead Sciences, Inc. (“Gilead”), which is based in Foster City, California, has agreed to pay $97 million to resolve claims that it violated the False Claims… Read More
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New York Appellate Court Affirms $46M Birth Injury Medical Malpractice Verdict
The New York Appellate Division, Second Department (“New York Appellate Court”), in its opinion dated November 4, 2020, affirmed a New York birth injury medical malpractice verdict in the amount of $46 million, finding that the jury’s verdict was supported… Read More
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New York Appellate Court Holds Chiropractor Not Qualified To Testify Regarding SOC For Spinal Fusion Surgery
The New York Appellate Division, Third Department (“New York Appellate Court”) held in its opinion dated November 5, 2020 that a chiropractor was not qualified to testify as to the standard of care for a neurosurgeon performing spinal fusion surgery… Read More
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Massachusetts Appellate Court Reverses Medical Malpractice Tribunal’s Finding Of Insufficient Proof
The Commonwealth of Massachusetts Appeals Court (“Massachusetts Appellate Court”) held in its Memorandum and Opinion entered on November 3, 2020: “A medical malpractice tribunal concluded that the plaintiff’s offer of proof was insufficient to present a triable claim of malpractice… Read More
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New York Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement
The New York Appellate Division, Second Department (“New York Appellate Court”), in its decision dated November 4, 2020, refused to enforce a nursing home arbitration agreement, stating that the nursing home “failed to demonstrate that the resident, or William as… Read More
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Medical Malpractice Claims Involving Intraoperative Neuromonitoring For Spinal Surgery
A research article entitled “Damned if you monitor, damned if you don’t: medical malpractice and intraoperative neuromonitoring for spinal surgery” published online in the Journal of Neurosurgery in November 2020 concluded: “The use and interpretation of intraoperative neuromonitoring findings can… Read More
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Maryland Appellate Court Discusses Loss Of Chance Doctrine, Which Maryland Rejects, And Proximate Cause In Reinstating Medical Malpractice Verdict For Plaintiffs
The Court of Special Appeals of Maryland (“Maryland Appellate Court”), Maryland’s intermediate appellate court, reinstated a Maryland medical malpractice jury’s verdict in favor of the plaintiffs in its published opinion filed on November 23, 2020. The Underlying Facts In November… Read More
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Virgin Islands Court Upholds Damages Cap In Medical Malpractice Cases
The Superior Court of the Virgin Islands Division of St. Thomas and St John, in its Memorandum Opinion dated October 19, 2020, held in a Virgin Islands medical malpractice case: “The MMA’s [the Virgin Islands Medical Malpractice Act] $250,000 cap… Read More
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Texas Appellate Court Rules Workers Comp Carrier Did Not Waive Subrogation For Medical Malpractice Claim
The Court of Appeals Fifth District of Texas at Dallas (“Texas Appellate Court”) ruled in its Memorandum Opinion dated October 2, 2020: “The waiver in this case applied only to any “person or organization for whom the Named Insured has… Read More
