The Supreme Court of the State of Montana (“Montana Supreme Court”), in a 4-3 decision filed on September 16, 2020, overturned the negligent homicide convictions of a former Montana doctor who was charged with distributing dangerous drugs outside the course… Read More
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Florida Pain Clinic Agrees To Pay $41M To Settle Unnecessary Urine Drug Testing Claims
The United States Attorney for the Middle District of Florida announced on April 15, 2020 that a Florida pain clinic and associated other defendants have agreed to pay a total of $41 million to resolve alleged violations of the False… Read More
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Iowa Medical Malpractice Jury Returns $7.36M Verdict For Man Who Lost Feeling Below The Waist
On July 31, 2019, after a one-week trial, an Iowa medical malpractice jury returned its verdict in favor of a 65-year-old man who lost feeling below his waist as a result of a cervical facet radiofrequency nerve ablation procedure in… Read More
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U.S. Expands Efforts To Fight Opioid Epidemic To Unscrupulous Dispensing Pharmacies
The U.S. Department of Justice unsealed on February 8, 2019 a civil complaint filed in the Middle District of Tennessee against two pharmacies, their owner, and three pharmacists, to stop them from dispensing controlled substance medications, including powerful opioids that… Read More
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Arizona Supreme Court Applies Federal Preemption To Preclude State Law Failure To Warn Claim Involving Pain Pump
The Supreme Court of the State of Arizona (“Arizona Supreme Court”) held in its opinion filed on December 18, 2018 that the plaintiff’s pain pump failure to warn state law claims were preempted under federal law (i.e., federal law preempts… Read More
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FDA Issues Safety Communication For Pain Pump Medications
On November 14, 2018, the FDA issued a safety communication in which it warned that patients undergoing treatment or management of pain who are given pain medicines in the spinal fluid (intrathecal administration) that are not FDA approved for use… Read More
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Louisiana Appellate Court Affirms Summary Judgment Against Medical Malpractice Plaintiff
In its opinion dated March 14, 2018, the State of Louisiana Court of Appeal, Third Circuit (“Louisiana Appellate Court”) affirmed summary judgment in favor of the Louisiana medical malpractice defendant orthopedic surgeon and affirmed dismissal of the Louisiana medical malpractice… Read More
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Georgia Supreme Court Holds Ordinary Negligence Jury Instruction Improper In Medical Malpractice Case
The Supreme Court of Georgia (“Georgia Supreme Court”) held in its opinion filed on March 5, 2018 that a very strong case of medical malpractice does not become a case of ordinary negligence simply due to the egregiousness of the… Read More
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New Jersey Orthopedic Surgeon Barred From Prescribing Opioids
A New Jersey orthopedic surgeon has been temporarily barred from prescribing controlled dangerous substances (CDS) based on allegations he prescribed high dosages of addictive opioid painkillers to his patients for years without a legitimate medical purpose, often while turning a… Read More
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Maryland Appellate Court Affirms Pain Management Physician’s Discipline For Selling CDS Prescriptions in Parking Lots, Restaurants
The Court of Special Appeals of Maryland (“Maryland Appellate Court”) held in its unreported opinion filed on December 13, 2017 that “there was substantial evidence to support the Board’s determination that [the pain management physician’s] prescribing practices, including selling prescriptions… Read More
