Federal Malpractice Claims Archives - Page 3 of 12

Federal Appellate Court Remands Nursing Home COVID-19 Death Case To State Court

April 27, 2022

The United States Court of Appeals for the Ninth Circuit held in its opinion dated February 22, 2022 that a nursing home claim involving a death due to COVID-19 belonged in state court rather than in federal court, affirming the district court’s order remanding a removed case to state court for la[...]

Federal Appellate Court Orders New Trial In Taxotere (Docetaxel) Products Liability Litigation Due To Improper Defense Expert Witness

April 6, 2022

In its opinion filed on February 10, 2022, the United States Court of Appeals for the Fifth Circuit (“Federal Appellate Court”) stated: “we are persuaded that the district court erred by admitting Dr. Kopreski’s testimony under Rule 701, and the error was not harmless because Ear[...]

Class Action Lawsuit Alleges Prenatal Defect Testing Company’s Tests Have High Rate Of False Positives

March 1, 2022

A federal class-action lawsuit filed on February 17, 2022 in the United States District Court Northern District of California against Natera, Inc. alleges that Natera “markets and sells NIPT tests [noninvasive prenatal testing] for pregnant women that screen for various chromosomal and genetic[...]

$24.8M Verdict Against Assist America For Failing To Fly Injured Man Back To United States For Medical Treatment

November 26, 2021

On November 19, 2021, a federal jury in Minnesota found Assist America, Inc. liable to a 67-year-old man for its failure to fly him by air ambulance from Mexico back to the United States for necessary and timely medical treatment for a knee injury resulting from a ziplining accident. As a result, th[...]

Federal Appellate Court Rules State-Based Claims Alleging Defective Cardiac Defibrillator Were Preempted

November 18, 2021

In its unpublished opinion dated October 18, 2021, the United States Court of Appeals for the Fifth Circuit stated, “21 U.S.C. § 360k … expressly preempts state laws which impose “different” or “addition[al]” safety requirements on medical devices subject to the FDA’s PMA [pre[...]

Federal Appellate Court Affirms Dismissal Of Birth Injury Medical Malpractice Lawsuit Because FTCA Applied

July 29, 2021

The United States Court of Appeals for the Sixth Circuit (“Federal Appellate Court”) stated in its opinion filed on July 2, 2021: “In August 2017, Antoinette Lundy filed a lawsuit on behalf of her infant child, D.B., asserting medical tort claims against several defendants. Unfortu[...]

Federal Appellate Court Affirms No Violation Of EMTALA

July 22, 2021

The United States Court of Appeals for the Seventh Circuit (“Federal Appellate Court”) affirmed in its decision dated June 28, 2021: “Beginning with the EMTALA [Emergency Medical Treatment and Active Labor Act] claims, we agree that the operative complaint alleges no facts that wou[...]

$3.3M Defective Vein Filter Verdict Against C.R. Bard

July 7, 2021

On July 17, 2021, a federal jury in Wisconsin found in favor of a woman who claimed that a vein filter manufactured by C.R Bard fractured and caused her serious injuries, awarding her $3.3 million in damages after a nine-day trial. In 2013, plaintiff Natalie Johnson was implanted with a Bard “Me[...]

Federal Appellate Court Rejects Presumption That Medical Records Are Accurate And Complete As To All Patient’s Physical Conditions

June 6, 2021

In its opinion filed on May 20, 2021, the United States Court of Appeals for the Federal Circuit (“Federal Appellate Court”) stated: “We reject as incorrect the presumption that medical records are accurate and complete as to all the patient’s physical conditions. Although a pati[...]

USC Announces $852M Settlement Of State Claims Involving George Tyndall

April 9, 2021

The University of Southern California (“USC”) announced in late March 2021 that it had reached an $852 million settlement agreement with 710 former patients of George Tyndall (“Tyndall”) who filed suit in California state court. Combined with the $215 million federal class ac[...]

Federal Appellate Court Affirms Podiatrist’s Conviction For His Involvement In Illegal Kickback Scheme

December 15, 2020

On November 24, 2020, the U.S. Court of Appeals for the Eleventh Circuit affirmed a Georgia podiatrist’s conviction and sentence for his alleged role in an illegal kickback scheme involving TRICARE, a federal program for members of the military and their families. The Defendant, Dr. Alap Sha[...]

Iowa Federal Jury Awards $3.5M In Defective Artificial Hip Claim (After $20M Missouri Hip Implant Verdict)

December 14, 2020

On November 20, 2020, an Iowa federal jury awarded $3.5 million ($1.05 million in compensatory damages and $2.5 million in punitive damages) to a woman who claimed that her Biomet M2a Magnum metal hip implant caused microscopic particles to shed from the implant requiring that she have revision surg[...]

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Category: Federal Malpractice Claims