The Massachusetts Attorney General announced on March 1, 2021 that a lawsuit has been filed against orthodontist Dr. Mouhab Z. Rizkallah, DDS and two companies he owns through which he operates six orthodontic practices in Massachusetts, alleging that since November… Read More
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Federal Appellate Court Returns Medical Malpractice Case To Federal Court
The United States Court of Appeals for the Second Circuit (“Federal Appellate Court”), in its decision dated January 26, 2021, held: “Razmzan was acting within the scope of his employment when he performed the delivery services. Razmzan was fulfilling his… Read More
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Hawaii Court Orders Bristol-Myers And Sanofi To Pay Hawaii $834M Regarding Plavix Warning
According to the Hawaii Department of Attorney General, in mid-February 2021, a Hawaii state court judge ordered Bristol-Myers Squibb Company and three U.S.-based subsidiaries of French pharmaceutical company Sanofi (“Defendants”) to pay $834 million for violating Hawaii’s unfair and deceptive… Read More
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Maryland Appellate Court Affirms Plaintiff’s Medical Malpractice Verdict Against Neurosurgeon
The Court of Special Appeals of Maryland (“Maryland Appellate Court”), which is Maryland’s intermediate appellate court, affirmed the Plaintiff’s medical malpractice verdict in its unreported opinion dated March 15, 2021, finding that the trial court did not abuse its discretion… Read More
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Wisconsin Appellate Court Holds Medical Malpractice Claim Against Physician Assistant Cannot Be Maintained If His Employer Is Not A Party
The Wisconsin Court of Appeals District IV (“Wisconsin Appellate Court”) stated in its decision dated January 14, 2021: “The dispositive issue before this court is whether a suit against an individual who is not a statutorily defined health care provider… Read More
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Brookdale Nursing Home Chain Sued In California For Resident Dumping
The Attorney General of California and local officials filed a Complaint on March 15, 2021 in the Superior Court of the State of California County of Keren – Metropolitan Division against Brookdale Senior Living, Inc. (“Brookdale”), which is the nation’s… Read More
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New Mexico Supreme Court Holds $600K Cap On Noneconomic Damages In Medical Malpractice Cases Is Constitutional
In its opinion filed on March 15, 2021, the Supreme Court of the State of New Mexico (“New Mexico Supreme Court”) stated: “This case requires us to consider whether the cap on all damages other than medical care and punitive… Read More
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$625K Florida Medical Malpractice Verdict For Premature Removal Of Foley Catheter
In early February 2021, a Florida medical malpractice jury returned its verdict in the amount of $625,000 against a Florida hospital after a nurse removed a patient’s Foley catheter after only four days following surgery despite the fact that it… Read More
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California Appellate Court Affirms Dental Malpractice Plaintiff Could Not Rely On Res Ipsa Loquitor
The Court of Appeal Fourth Appellate District Division One State of California (“California Appellate Court”) stated in its unpublished opinion dated February 16, 2021, “plaintiffs who are likely injured from common injections may well be entitled to res ipsa [loquitor]… Read More
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Michigan Appellate Court Affirms Medical Malpractice Plaintiff Cannot Recover For Surgical Towel Left In Him 17 Years Prior
The State of Michigan Court of Appeals (“Michigan Appellate Court”) held in its unpublished opinion dated February 18, 2021, “there is no proof that defendants were aware that a towel was retained in plaintiff’s body following his February 2000 surgery…. Read More
