As of the present time, reported serious side effects and adverse reactions from the COVID-19 vaccine have been very few and the vaccine is considered safe for most people of the appropriate age. However, because it is anticipated that so… Read More
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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
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Federal Appellate Court Affirms Dismissal Of VA Medical Malpractice Action Decided Prior To Precedential Ruling
The United States Court of Appeals for the Sixth Circuit (“Federal Appellate Court”), in its unpublished opinion filed on August 26, 2020, affirmed the dismissal of a medical malpractice wrongful death case involving the Veteran’s Administration filed pursuant to the… Read More
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Federal Appellate Court Reverses $6.3M Medical Malpractice Verdict That Allowed Plaintiff To Recover Twice For Same Harm
In a case decided by the United States Court of Appeals for the Tenth Circuit (“Federal Appellate Court”) on July 17, 2020, the plaintiff had settled a medical malpractice lawsuit with the defendant orthopedic surgeons and physician assistants (“PAs”) but… Read More
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Federal Appellate Court Affirms Medical Malpractice Defense Verdict Involving VA
The United States Court of Appeals for the Ninth Circuit (“Federal Appellate Court”), in its unreported Memorandum opinion dated June 9, 2020, affirmed a federal medical malpractice verdict in favor of the United States involving alleged negligent medical care provided… Read More
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Former VA Medical Center Nursing Assistant Admits She Murdered Seven Veterans Under Her Care
The U.S. Attorney’s Office for the Northern District of West Virginia, in a press release dated July 14, 2020, announced that a former nursing assistant at the Veterans Affairs Medical Center (“VAMC”) in Clarksburg, West Virginia had pleaded guilty in… Read More
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Federal Appellate Court Affirms $8.3M Brachial Plexus Birth Injury Verdict
In its decision dated June 29, 2020, the United States Court of Appeals for the Seventh Circuit (“Federal Appellate Court”) affirmed a federal district court’s medical malpractice birth injury award in the total amount of $8.3 million, including $2.6 million… Read More
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Federal Appellate Court Affirms Dismissal Of Birth Injury FTCA Claim As Untimely Involving “Deemed” Federal Employee
The United States Court of Appeals for the Third Circuit (“Federal Appellate Court”) held in its precedential opinion filed on June 22, 2020: “D.J.S.-W., a young girl who sustained a [brachial plexus] shoulder injury during birth, argues that the limitations… Read More
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Indiana Appellate Court Refuses To Allow Medical Malpractice Plaintiff To Add Federal EMTALA Claim
The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its opinion filed on February 18, 2020 that the trial court properly denied the Indiana medical malpractice plaintiff’s request to amend his medical malpractice complaint to add an additional… Read More
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$15.1M Federal Birth Injury Verdict For Hypoxic-Ischemic Brain Injury
On January 28, 2020, a federal judge with the United States District Court for the Middle District of Tennessee Nashville Division filed her Findings of Facts and Conclusions of Law in a birth injury medical malpractice case filed against the… Read More
