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… Read More
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Missouri’s Authorized Electronic Monitoring In Long-Term Care Facilities Act
Missouri’s Authorized Electronic Monitoring in Long-Term Care Facilities Act (“Act”) became effective on August 28, 2020. The Act gives residents of long-term care facilities in Missouri (Missouri nursing homes) the right to place electronic monitoring devices in their rooms. Sections… Read More
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Missouri Federal Court Does Not Allow Affirmative Defense Of Comparative Fault In Medical Malpractice Case
The United States District Court for the Western District of Missouri Central Division (“Federal Court”) held in its Order dated August 14, 2020: “In sum, on the facts, law, and arguments presented here, Mr. Campbell’s pre-treatment conduct and his medical… Read More
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Missouri Supreme Court Holds Gynecological Medical Malpractice Case Filed Too Late
The Supreme Court of Missouri en banc (“Missouri Supreme Court”) held in its opinion filed on March 31, 2020: “the uncontroverted material facts are that the necessity that gave rise to Dr. Meddows-Jackson’s duty of continuing care ceased when the… Read More
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Missouri Medical Malpractice Judgment Reduced From $12.8 M To $9.6M
A Missouri medical malpractice jury had awarded $12,820,990 to a 57-year-old man in his Missouri medical malpractice lawsuit against two doctors and others for the injuries the man sustained that the jury determined in November 2017 were due to medical… Read More
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Missouri Supreme Court En Banc Remands Medical Malpractice Plaintiff’s Claim Of Negligent Credentialing
In its opinion dated December 10, 2019, the Supreme Court of Missouri (“Missouri Supreme Court”) held: “Without evidence showing a reasonable investigation into the surgeon’s background and qualifications would have revealed he was unqualified to perform laparoscopic cholecystectomies, there is… Read More
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Missouri Supreme Court Remands Medical Malpractice Case For Determination Of Plaintiffs’ Negligent Credentialing Claim
In its opinion dated December 10, 2019, the Supreme Court of Missouri (“Missouri Supreme Court”) held: “Without evidence showing a reasonable investigation into the surgeon’s background and qualifications would have revealed he was unqualified to perform laparoscopic cholecystectomies, there is… Read More
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Missouri Supreme Court Affirms That Medical Malpractice Fraudulent Concealment Claims Were Time Barred
The December 10, 2019 opinion of the Supreme Court of Missouri affirmed a lower court ruling that the Missouri medical malpractice plaintiffs’ fraudulent concealment claims against the defendant health care providers were time barred because the facts upon which they… Read More
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Missouri Appellate Court Upholds $12.8M Medical Malpractice Verdict For Failire To Timely Diagnose Mesenteric Ischemia
The Missouri Court of Appeals Eastern District Division Four (“Missouri Appellate Court”), in its opinion filed on October 1, 2019, affirmed a Missouri medical malpractice jury’s verdict for the plaintiff in the amount of $14,245,545 that was reduced to $12,820,990… Read More
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Missouri Appellate Court Rules That Two Medical Malpractice Policy Limits Applied To Medical Malpractice Settlement
The Missouri Court of Appeals Eastern District Division One (“Missouri Appellate Court”), in its opinion filed on April 23, 2019, held that “the undisputed facts in this case demonstrate Appellants’ claims are subject to two Liability Limits under the terms… Read More
