The New York Appellate Division, First Department held in its opinion dated November 10, 2020: “we find that even if an appropriate foundation was laid for the habit testimony that defendants’ expert relied on, the motion for summary judgment still… Read More
-
GAO Report Highly Critical Of Trump Administration’s Response To COVID-19 Pandemic
In response to the COVID-19 pandemic, Congress appropriated $2.6 trillion in emergency assistance for people, businesses, the health care system, and state and local governments. The U. S. Government Accountability Office (GAO) is examining many aspects of the federal response… Read More
-
Federal Appellate Court Affirms Dismissal Of Federal Malpractice Case As Time-Barred
As a sovereign, the United States is immune from suit unless it consents to be sued. That consent must be unequivocally expressed, and the terms of such consent define the court’s subject matter jurisdiction. The Federal Tort Claims Act (“FTCA”)… Read More
-
$5M Legal Malpractice Verdict Reduced To $250K Against Florida Medical Malpractice Law Firm
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
-
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
-
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
-
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
-
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
-
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
-
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
