James Bidwell (the plaintiff) filed his Tennessee medical malpractice action individually and on behalf of his deceased wife, Clarissa Bidwell, and her estate against Drs. Timothy Strait and Jeffrey Colburn (“the physician Defendants”) and the entities he believed to be… Read More
-
$526K Tennessee Nursing Home Arbitration Award For Resident’s Fall Leading To Death
On October 30, 2020, a Tennessee nursing home claim arbitrator awarded $225,000 for the pain and suffering sustained by an 88-year-old nursing home resident who suffered a brain injury and died five days later as a result of a fall… Read More
-
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The United States Court of Appeals for the Sixth Circuit (“Federal Appellate Court”), in its unpublished opinion filed on August 26, 2020, affirmed the dismissal of a medical malpractice wrongful death case involving the Veteran’s Administration filed pursuant to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
-
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
-
Tennessee Appellate Court Affirms Reduction Of Medical Malpractice Verdict From $4.5M To $1.25M
The Court of Appeals of Tennessee at Nashville (“Tennessee Appellate Court”) held in its opinion dated May 28, 2020: “we conclude that the trial court erred in refusing to consider the plaintiffs’ constitutional issue. But because we also conclude that… Read More
-
Tennessee Supreme Court Rules Unlicensed Doctor Unqualified To Testify In Medical Malpractice Case
In its opinion filed on April 20, 2020, the Supreme Court of Tennessee at Nashville (“Tennessee Supreme Court”) held that “under Tennessee Code Annotated section 29-26-115(b), a doctor, who was permitted to practice medicine in Tennessee under a statutory licensure… Read More
-
Tennessee Appellate Court Finds No Fraudulent Concealment, Applies Statute Of Repose To Medical Malpractice Claim
The Court of Appeals of Tennessee at Nashville (“Tennessee Appellate Court”) held in its opinion filed on March 11, 2020 in a Tennessee medical malpractice case, “Based on the undisputed facts, we conclude that Ms. Tucker’s claims against these defendants… Read More
-
Tennessee Supreme Court Holds Statute Requiring Courts To Order Ex Parte Interviews Of Medical Malpractice Plaintiffs’ Non-Party Treating Healthcare Providers Is Unconstitutional
In its opinion filed on February 28, 2020, the Supreme Court of Tennessee at Nashville (“Tennessee Supreme Court”) held: “By removing any and all discretion from the trial courts in the decision to grant protective orders, the legislature, in its… Read More
-
Tennessee Supreme Court Upholds $750,000 Cap On Noneconomic Damages
The Supreme Court of Tennessee, in its opinion filed on February 26, 2020, held “that the statutory cap on noneconomic damages in Tennessee Code Annotated section 29-39-102 does not violate the right to trial by jury, the doctrine of separation… Read More
-
$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
