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Michigan Appellate Court Holds Cancer Death Case Was Medical Malpractice Claim, Not Lost Opportunity Case

December 22, 2022

Cancer Death Case Was Medical Malpractice: The Court of Appeals of the State of Michigan (“Michigan Appellate Court”) stated in its September 8, 2022 opinion: “The dispositive question in this medical malpractice case is whether plaintiff’s claim is a traditional medical malpract[...]

Two Minnesota Seven-Figure Verdicts Against Troubled Nursing Home

December 21, 2022

Seven-Figure Verdicts Against Nursing Home: For the second time in 2022, the Estates at St. Louis Park (“Estates”) nursing home in Minneapolis-St. Paul, which has a one star rating under the five-star rating system used by CMS, was held liable by a jury in excess of $1 million for failin[...]

Texas Appellate Court Affirms Medical Malpractice Plaintiff’s Expert’s Report And Addendum Were Sufficient

December 20, 2022

Expert’s Report And Addendum Were Sufficient: Under Chapter 74, claimants in Texas health care liability cases must serve an expert report on each defendant. TEX.CIV. PRAC. & REM.CODE § 74.351. The purpose of this requirement is to weed out frivolous malpractice claims in the early stages[...]

$40M Talc Verdict In California Against Avon

December 19, 2022

$40M Talc Verdict: A California jury returned its verdict in favor of a woman who claimed that talc in Avon Products Inc. (“Avon”) cosmetics caused her to develop cancer (mesothelioma, which is caused by exposure to asbestos). The California jury awarded the woman $40 million in actual d[...]

$10M Medical Malpractice Verdict Involving Reproductive Care Affirmed By Federal Appellate Court

December 18, 2022

$10M Medical Malpractice Verdict Involving Reproductive Care: In its published Order filed on September 8, 2022, the United States Court of Appeals for the Ninth Circuit (“Federal Appellate Court”) upheld a district court’s award against the United States in the amount of $10,042,2[...]

$14.42 Million Verdict Against Health Net For Patient’s Opioid Addiction

December 17, 2022

$14.42 Million Verdict Against Health Net For Patient’s Opioid Addiction: On December 12, 2022, a California jury returned its verdict in favor of plaintiff Elaine Courtney in the amount of $14.42 million ($6.92 million in compensatory damages and an additional $7.5 million in punitive damages[...]

New Study Finds Incorrect Diagnoses In U.S. Emergency Departments Harm 2.6 Million Patients Annually

December 16, 2022

A report issued by the Agency for Healthcare Research and Quality dated December 15, 2022 entitled “Diagnostic Errors in the Emergency Department: A Systematic Review” found: About 5.7% of patients seen in the emergency department (“ED”) receive an incorrect diagnosis with ab[...]

Bayer Pays $40 Million To Resolve Alleged Use Of Kickbacks And False Statements Relating To Trasylol, Avelox, And Baycol

December 16, 2022

Bayer Pays $40 Million: Bayer Corporation, an Indiana corporation and manufacturer of pharmaceutical products, and its related entities, Bayer HealthCare Pharmaceuticals Inc., Bayer HealthCare LLC and Bayer AG (collectively “Bayer”), have agreed to pay $40 million to resolve alleged violations o[...]

U.S. States With The Most, Least Medical Malpractice Claims

December 15, 2022

US States With The Most and Least Medical Malpractice Claims: NiceRx, which “assists eligible individuals to enroll in patient assistance programs to receive their brand name medication directly from the pharmaceutical company,” recently reported on its findings regarding which U.S. stat[...]

Texas Appellate Court Holds Claim Involving Ambulance Crash Was Not Health Care Liability Claim

December 14, 2022

Ambulance Crash Was Not Health Care Liability Claim: The Texas Tenth Court of Appeals (“Texas Appellate Court”) held in its August 31, 2022 Memorandum Opinion in a case where an ambulance company contended that the claims brought against it and its driver for injuries sustained during a [...]

New Hampshire Reaches $40.5 Million Settlement With Johnson & Johnson To Settle Opioid Claims

December 13, 2022

New Hampshire Reaches $40.5 Million Settlement With Johnson & Johnson: The New Hampshire Attorney General announced on September 1, 2022 that a settlement with Janssen Pharmaceuticals/Johnson & Johnson was reached to settle the state’s opioid claims against the company. The company has[...]

Texas Appellate Court Holds Estate Had Standing To Bring Medical Malpractice Action

December 12, 2022

Court Holds Estate Had Standing To Bring Malpractice Action: Celia Ontiveros was a patient at a nursing care facility run by Nexion from September of 2014 through early March of 2015. Ontiveros experienced several issues at the facility such as weight loss and falls, and it was alleged that she had [...]

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