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Washington State Supreme Court Holds No Advertising Exception To Learned Intermediary Doctrine

August 25, 2022

The Supreme Court of the State of Washington (“Washington Supreme Court”) held in its opinion filed on June 2, 2022, “a drug manufacturer is protected under the learned intermediary doctrine even when they advertise directly to consumers, provided they give adequate warnings to the[...]

Recoverable Damages In Negligent Reproductive Health Care Cases

$42.4 Million Illinois Medical Malpractice Verdict For Death From Baclofen Withdrawal

August 25, 2022

$42.4 Million Verdict For Death From Baclofen Withdrawal: On August 19, 2022, an Illinois medical malpractice wrongful death jury awarded $42,400,000 for the death of a 47-year-old quadriplegic father of two girls, who were 6 and 11 at the time of his death, who was being monitored in the hospital f[...]

The Peer Review Privilege Is Supposed To Promote Patient Safety But Instead Harms Patients Injured By Medical Malpractice

August 24, 2022

The Patient Safety and Quality Improvement Act of 2005 (Public Law 109-41) (“Act”), signed into law on July 29, 2005, was enacted in response to growing concern about patient safety in the United States and the Institute of Medicine’s 1999 report, To Err is Human: Building a Safer [...]

$71.5M Settlement Reached For Sexual Abuse By Former Gynecologist

August 23, 2022

Columbia University Irving Medical Center (“CUIMC”) and New York-Presbyterian Hospital (“NYP”) announced on December 1, 2021 that they have reached an agreement with 79 women who were patients of former gynecologist Robert Hadden (“Hadden”). The women alleged that[...]

Colorado Supreme Court Sides With Patient In Hospital Billing Dispute

August 22, 2022

Lisa Melody French (“French”) went to Centura Health Corporation and Catholic Health Initiatives Colorado d/b/a St. Anthony North Health Campus (collectively, “Centura”) for spinal fusion surgery. Upon reviewing French’s insurance information prior to her surgery, Centura advised h[...]

New Trial Ordered In California Medical Malpractice Defense Win Where Defense Attorney Bragged To His Employees How He Obtained A Defense Verdict

August 22, 2022

Attorney Bragged To His Employees How He Obtained A Defense Verdict – New Trial Ordered: An online video that went viral (and then taken down) that showed a California medical malpractice defense lawyer’s associate gleefully ringing a bell after the lawyer told his law firm’s emplo[...]

$2.8M Georgia Nursing Home Verdict For Death From Fire Ant Bites

August 21, 2022

On June 1, 2022, a Georgia nursing home jury returned its verdict in the total amount of $2.8 million for the death of a 92-year-old nursing home resident who was found to have fire ants on her body one day, and then covered with fire ants the next day, after which hundreds of pustules were [&hellip[...]

$7.6M New York Medical Malpractice Verdict For Death Of Judge

August 20, 2022

On June 1, 2022, a New York medical malpractice jury found in favor of the plaintiffs in a New York medical malpractice wrongful death lawsuit against a hospital for the death of a Supreme Court judge who died from a heart attack in his hospital room after he was left alone and unmonitored for 23 [&[...]

Montana Supreme Court Holds Claim Against Hospital Was For Medical Malpractice

August 19, 2022

Plaintiff Joshua Selensky (“Selensky”) visited Community Hospital of Anaconda (“CHA”) on January 25, 2017, to undergo a procedure performed by Dr. Jonathan Mercer (“Dr. Mercer”) to remove a cyst from his left testicle. Dr. Mercer was not an employee of CHA, but wa[...]

Washington State Supreme Court Holds RCW 7.70.150 Unconstitutional As To State Governmental Entities Too

August 18, 2022

Timothy Martin was a prisoner incarcerated at the Washington State Reformatory in the Monroe Correctional Complex. In January 2020, Mr. Martin filed a lawsuit against the DOC in Snohomish County Superior Court. The DOC removed the case to federal court, and in February 2021, Mr. Martin amended his c[...]

Pennsylvania Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement

August 17, 2022

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”), in its opinion filed on May 27, 2022, refused to enforce a nursing home arbitration agreement between the defendant nursing home and its former resident because the nursing home arbitration agreement directed that the &[...]

Teva And Allergan To Pay $161.5M To Settle West Virginia Opioid Claims

August 16, 2022

Teva Pharmaceuticals, a U.S. affiliate of Teva Pharmaceutical Industries Ltd. and its affiliates, (“Teva”) announced on May 25, 2022 that it has reached an agreement with the Attorney General of West Virginia that settles the state’s and its subdivisions opioid-related claims. The sett[...]

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