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Massachusetts Appellate Court Rules Defense Expert Witness Disclosure Was Sufficient

May 1, 2022

The Commonwealth of Massachusetts Appeals Court (“Massachusetts Appellate Court”) ruled in an unpublished Opinion and Memorandum dated January 25, 2022 in a Massachusetts medical malpractice case in which the plaintiff alleged harm due to the improper placement of hardware in the patient[...]

Washington State Pays $3.75M To Settle Lawsuit Claiming Inmate Died From Untreated Cancer

April 30, 2022

The Seattle Times has reported that Washington state has agreed to pay $3.75 million to settle a wrongful death lawsuit brought by the family of a 63-year-old inmate who died at Monroe Correctional Complex after his cancer was untreated for over one year. The man died on June 12, 2019 from breast ca[...]

Agreement Reached To Increase California’s Cap On Noneconomic Damages In Medical Malpractice Cases

April 29, 2022

Facing a ballot initiative this November that if approved by the voters would increase California’s noneconomic damages cap in medical malpractice cases in the current amount of $250,000 that has remained at that level for almost fifty years, it was announced earlier this week that a new conse[...]

Pennsylvania Appellate Court Affirms COVID-19 Does Not Excuse Late Service Of Medical Malpractice Complaint

April 28, 2022

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) stated in its opinion filed on February 22, 2022: “It is well-established that “[s]ervice of process is a mechanism by which a court obtains jurisdiction of a defendant, and therefore, the rules concerning servic[...]

Federal Appellate Court Remands Nursing Home COVID-19 Death Case To State Court

April 27, 2022

The United States Court of Appeals for the Ninth Circuit held in its opinion dated February 22, 2022 that a nursing home claim involving a death due to COVID-19 belonged in state court rather than in federal court, affirming the district court’s order remanding a removed case to state court for la[...]

Defense Verdict In West Virginia Birth Injury Medical Malpractice Case

April 26, 2022

On February 18, 2022, a West Virginia Winchester Circuit Court jury returned a verdict in favor of the defendant OBGYN doctor who was alleged to have been negligent in delivering a baby on December 1, 2015, during which the forceps-assisted delivery fractured the newborn’s facial bones and inj[...]

Kaiser Permanente Held Liable For Death Of Former Tennis Star

April 25, 2022

On February 11, 2022, Kaiser Permanente Medical Group (“Kaiser Permanente”) was found by an arbitrator to be liable for the medical malpractice wrongful death of former professional tennis player Ken Flach. The arbitrator awarded Flach’s widow, Christina, and their four children $2[...]

Alaska Doctor Sentenced To 34 Months For Illegal Prescriptions Resulting In 5 Deaths

April 24, 2022

The United States Department of Justice U.S. Attorney’s Office of the District of Alaska announced on January 18, 2022 that Wasilla, Alaska 64-year-old medical doctor David Chisholm has been sentenced by a federal judge to 34 months in prison followed by three years of supervised release and fined[...]

Florida Supreme Court Rules Mailing–Not Receipt–Of Presuit Notice Tolls Medical Malpractice Statute Of Limitations

April 23, 2022

The Supreme Court of Florida stated in its April 21, 2022 Opinion: “In this case we consider the statutory presuit notice requirement that section 766.106, Florida Statutes (2018), imposes on a claimant who seeks to file a medical negligence suit. Here the claimant mailed the presuit notice be[...]

Whistleblower Anesthesiologist Receives Portion Of $14.6M Concurrent Surgeries Settlement From Massachusetts General Hospital

April 22, 2022

Massachusetts General Hospital (MGH) has agreed to pay $14.6 million to settle a federal lawsuit alleging it fraudulently billed government insurers for surgeries performed by trainees without proper oversight because supervising surgeons were working in another operating room, a practice known as c[...]

Maryland Physician Indicted For Alleged Health Care Fraud Involving COVID-19

April 21, 2022

The United States Attorney’s Office for the District of Maryland announced on April 20, 2022 that 47-year-old Ron Elfenbein, M.D. of Arnold, Maryland has been indicted for three counts of healthcare fraud for submitting false and fraudulent claims to Medicare and other insurers for patients wh[...]

North Carolina Appellate Court Affirms Summary Judgment For Surgeon Who Implanted Gore-Tex Adhesion Barrier During Fibroid Surgery

April 20, 2022

The Court of Appeals of North Carolina (“North Carolina Appellate Court”) affirmed in its published opinion filed on February 15, 2022 that summary judgment was properly entered in favor of the defendant surgeon involving claims that the surgeon improperly failed to advise the plaintiff [...]

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