Birth Injury Malpractice Archives - Page 5 of 7

Infant Mortality Increased In The United States In 2022

September 27, 2024

A National Vital Statistics Report entitled “Infant Mortality in the United States, 2022: Data From the Period Linked Birth/Infant Death File” dated July 25, 2024 stated: A total of 20,577 infant deaths were reported in the United States in 2022, up 3% from 2021. The U.S. infant mortalit[...]

California Medical Malpractice Lawsuit Alleges Fetal Abnormalities Missed On Targeted Ultrasound

September 25, 2024

A recently filed California medical malpractice lawsuit alleges that a woman’s OBGYN and related parties failed to diagnose a fetus’ congenital abnormalities that should have been observed by multiple ultrasounds performed during prenatal care. The California birth injury medical malprac[...]

Ohio Appellate Court Affirms Summary Judgment For Medical Malpractice Defendant Based On Sham Affidavit Doctrine

September 12, 2024

Sham Affidavit Doctrine The “sham affidavit” doctrine precludes a party from creating an issue of fact to prevent summary judgment by submitting an affidavit that directly contradicts previous sworn testimony of the affiant. Background Facts On January 11, 2022, Moore filed a pro se complaint in[...]

What Is Tennessee’s Largest Medical Malpractice Verdict?

August 9, 2024

The largest Tennessee medical malpractice verdict was a May 2024 Davidson County jury’s award of almost $47 million ($46,993,500) for now five-year-old Vivian Boughton, who suffered irreversible brain injuries as a result of the failure of a hospital to timely deliver her in 2018. Vivian’[...]

$23M Illinois Birth Injury Medical Malpractice Verdict

July 11, 2024

On May 1, 2024, an Illinois birth injury medical malpractice jury returned its verdict in the amount of $23,070,000 in favor of now seven-year-old Na’ Jai Johnson, who sustained brain damage and cerebral palsy as a result of the claimed medical negligence of two obstetricians and a nurse at Chicag[...]

Federal Appellate Court Affirms Dismissal Of Removed State Medical Malpractice Case For Failure To Comply With Federal Law

June 13, 2024

Dwan and Aaron Bray filed a medical malpractice lawsuit in state court individually and on behalf of their minor child, N.B., against Dr. Timothy J. Thress and various medical entities and actors. Plaintiffs sought damages stemming from defendants’ negligence as to Dwan Bray’s pre-natal care and[...]

Maryland Appellate Court Agrees That Plaintiffs’ Medical Malpractice Experts’ Opinions Be Stricken

April 19, 2024

Under a Daubert-Rochkind analysis, expert testimony is evaluated by a flexible inquiry into an expert’s reliability, focusing on the expert’s principles and methodology as opposed to their conclusions. The Supreme Court of Maryland has endorsed a non-exclusive list of factors that trial courts s[...]

Connecticut Supreme Court Affirms Nearly $35 Million Reproductive Medicine Malpractice Verdict

April 18, 2024

Background Jean-Marie and Aaron are a married couple who wanted to have children but were unable to conceive without medical assistance. In the summer of 2013, the couple sought therapeutic donor insemination (TDI) services at the Centerfor Advanced Reproductive Services (CARS) at the University of [...]

$97M Iowa Birth Injury Malpractice Verdict Leads To Bad Faith Lawsuits Against Defendant Clinic’s Insurer

April 11, 2024

After an Iowa birth injury medical malpractice jury returned its record-setting $97 million verdict against an Iowa medical clinic that led to the Iowa legislature imposing a cap on damages in medical malpractice cases, both the clinic and the Plaintiffs in the birth injury medical malpractice case [...]

$120M Michigan Birth Injury Medical Malpractice Verdict For Delayed C-Section Resulting In Severe Brain Damage

April 6, 2024

A Michigan birth injury medical malpractice jury returned its verdict on March 28, 2024 after a month-long trial in the amount of $120 million for a now 13-year-old who suffered catastrophic injuries as a result of the delay in performing a Cesarean section delivery that the plaintiff argued would h[...]

Baby Decapitated During Delivery, Georgia Medical Malpractice Lawsuit Alleges

February 26, 2024

A Georgia medical malpractice lawsuit filed on December 13, 2023 alleges that the defendant OB used too much force during delivery of a baby, thereby decapitating the baby. Twenty-year-old Jessica Ross and the baby’s father, Taylor Treveon Isaiah, are the plaintiffs named in the lawsuit filed [...]

Alabama Supreme Court Holds Wrongful Death of A Minor Act Applies To Frozen Embryos

February 21, 2024

The Supreme Court of Alabama held in its February 16, 2024 opinion: “This Court has long held that unborn children are “children” for purposes of Alabama’s Wrongful Death of a Minor Act, § 6-5-391, Ala. Code 1975, a statute that allows parents of a deceased child to recover [...]

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Category: Birth Injury Malpractice