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Federal Appellate Court Affirms Defense Win In Pelvic Mesh Case

October 13, 2023

Court Affirms Defense Win In Pelvic Mesh Case: The United States Court of Appeals for the Fourth Circuit (“Federal Appellate Court”), in its unpublished opinion dated March 10, 2023, upheld the district court’s exclusion of the plaintiff’s causation expert’s testimony i[...]

Former CEO Of Medical Device Company Indicted For Allegedly Selling Fake Pain Treatment Device

October 12, 2023

CEO Indicted For Selling Fake Pain Treatment Device: On March 9, 2023, the United States Attorney for the Southern District of New York announced the filing of a two-count Indictment (the “Indictment”) charging Laura Perryman, the former Chief Executive Officer (“CEO”) of STIMWAVE LLC, a Flo[...]

Michigan Appellate Court Affirms Hospital Not Entitled To Summary Judgment For Surgeon’s Negligence

October 11, 2023

On March 16, 2018, plaintiff, Barbara Stempniak, presented to the emergency department of Garden City Hospital with complaints of severe abdominal pain. The emergency department staff diagnosed Stempniak with cholecystitis (inflammation of the gallbladder) and admitted her to the hospital. The next [...]

Kansas Appellate Court Reinstates Medical Malpractice Case Against Surgeon Who Removed Wrong Organ

October 10, 2023

Jeannine Williams-Davidson underwent surgery to remove her left adrenal gland at Stormont-Vail Hospital. The surgeon who performed the operation misidentified her pancreas as her adrenal gland and removed a portion of the pancreas instead. Jeannine required further surgery and ongoing medical treatm[...]

Indiana Appellate Court Rules Medical Malpractice Case Filed Too Late

October 9, 2023

The Indiana Medical Malpractice Act’s statute of limitations, codified at Indiana Code Section 34-18-7-1, provides for a two-year statute of limitations period for claims “brought against a health care provider based upon professional services or health care that was provided or that should have[...]

Medical Malpractice Reports By State 2022

October 8, 2023

Becker’s ASC Review reported the following medical malpractice report statistics by U.S. state for 2022 through the first three months of 2023 based on data from the National Practitioner Data Bank: Source National Practitioners Data Bank The National Practitioner Data Bank (NPDB) is a web-bas[...]

Federal Appellate Court Affirms Qualified Immunity For First Responders Who Pronounced Patient Dead Who Was Still Alive

October 7, 2023

Emergency medical personnel in Southfield, Michigan, pronounced Timesha Beauchamp dead when she was still alive. Beauchamp was placed in a body bag and transported to a funeral home, where an embalmer discovered that she was not dead. Beauchamp was hospitalized and died about six weeks later. Howard[...]

Federal Appellate Court Holds Wyoming Medical Malpractice Case Fails Due To Failure To Provide Proper Notice Of Claim

October 6, 2023

Pursuant to Wyoming Governmental Claims Act’s (“WGCA”) notice-of-claim requirement, a claimant must provide a written notice of claim to the subject governmental entity within a two-year limitations period, as set forth in Wyoming Statute § 1-39-113(a). The notice-of-claim requirement spe[...]

New Jersey Supreme Court Orders New Trial In Pelvic Mesh Case

October 5, 2023

The New Jersey Supreme Court stated in its July 25, 2023 opinion: “In this products liability matter involving “pelvic mesh” medical devices, the Court considers whether defendant C.R. Bard, Inc., was denied a fair trial by the trial court’s determination that defendant could not present[...]

Owner Of Telemedicine Companies Charged With $44 Million Medicare Fraud Scheme

October 4, 2023

The United States Attorney’s Office District of Massachusetts announced on July 24, 2023 that the owner of Conclave Media (Conclave) and Nationwide Health Advocates (Nationwide) has been charged and has agreed to plead guilty in connection with a $44 million telemedicine fraud scheme involving[...]

Federal Appellate Court Says Jury Should Decide When Patient Should Have Been Aware Defective Medical Device Caused His Injuries

October 3, 2023

Background Facts In December 2016, Andrew Bruno had shoulder surgery to implant a prosthetic device with parts manufactured by Biomet. Two-weeks postoperation, Bruno followed-up with his surgeon, Dr. Doulens, and reported some clear drainage at the bottom of his incision. Although the doctor did not[...]

Oklahoma Statute Of Limitations Precluded Levaquin Lawsuit In Oklahoma

October 2, 2023

On July 20, 2009, Angela Kester was prescribed Levaquin, an antibiotic in the fluoroquinolone family of drugs. After experiencing severe side effects, she stopped taking the medication. Her side effects persisted, however, and she has received treatment ever since for a variety of health conditions,[...]

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