The Court of Appeals of North Carolina (“North Carolina Appellate Court”) held in its opinion filed on December 15, 2020 in a medical malpractice case alleging that the defendants failed to provide appropriate follow-up care or refer the plaintiff to… Read More
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Ohio Supreme Court Holds Statute Of Repose Cannot Save Medical Malpractice Case That Was Filed Too Late
In its decision dated December 23, 2020, the Ohio Supreme Court held: “This appeal asks whether a plaintiff may take advantage of Ohio’s saving statute to refile a medical claim after the applicable one-year statute of limitations has expired if… Read More
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Ohio Supreme Court Affirms Medical Malpractice Case Filed Too Late
The Supreme Court of Ohio (“Ohio Supreme Court”) affirmed in its opinion filed on August 20, 2020 that an Ohio medical malpractice case was filed too late and that the defendants were properly granted summary judgment by the lower court,… Read More
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Maryland Appellate Court Affirms Medical Malpractice Case Filed Too Late
The Court of Special Appeals of Maryland (“Maryland Appellate Court”), Maryland’s intermediate appellate court, held in its reported opinion dated August 27, 2020 in a Maryland medical malpractice case: “Viewing the evidence in the light most favorable to Ms. Thomas,… Read More
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Federal Appellate Court Reinstates Pelvic Mesh Lawsuit As Timely Filed
The United States Court of Appeals for the Sixth Circuit (“Federal Appellate Court”), in its opinion filed on August 13, 2020, stated, “Karla Parton appeals the district court’s dismissal of her product-liability suit against Johnson & Johnson and Ethicon, which… Read More
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Pennsylvania Appellate Court Reinstates Medical Malpractice Case Filed After Two-Year Statute Of Limitations Expired
In its opinion dated July 30, 2020, the Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) stated, “In its order granting the Conaboy Defendants’ motion for summary judgment, the trial court held that because Mrs. Whitman died of an abdominal aortic… Read More
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New Jersey Appellate Court Dismisses Legal Malpractice Case Against Successor Medical Malpractice Lawyer
In a legal malpractice case arising out of a botched medical malpractice case, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) applied the three-step sequential analysis of Beauchamp v. Amedio, 164 N.J. 111, 118 (2000) to… Read More
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Indiana Appellate Court Says Fraudulent Concealment Tolls Statute Of Repose In Medical Malpractice Case
The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its opinion dated June 26, 2020: “where there is a sufficient factual demonstration of fraudulent concealment, such concealment equitably estops the fraudulent party from invoking the five-year nonclaim limit… 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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California Appellate Court Reinstates $6.3M Plastic Surgery Medical Malpractice Verdict
In its published opinion dated June 4, 2020, the Court of Appeal of the State of California First Appellate District Division Three (“California Appellate Court”) reinstated a California plastic surgery medical malpractice verdict in excess of $6.3 million, holding that… Read More
