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Pennsylvania Appellate Court Upholds $10M Wrongful Death Verdict And $10M Survival Claim Verdict

October 24, 2021

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) upheld a Pennsylvania medical malpractice verdict in the total amount of $20 million ($10 million awarded for the wrongful death claim and $10 million awarded for the survical claim) in its opinion filed on September 30,[...]

Mississippi Supreme Court Determines Medical Malpractice Presuit Notice And Complaint Were Timely Filed

October 23, 2021

The Supreme Court of Mississippi held in its opinion dated September 9, 2021 that the Mississippi medical malpractice plaintiff “provided valid presuit notice under both Section 15-1-36(15) and the MTCA. She simply failed to send a second notice after her first lawsuit was dismissed … [t[...]

Federal Appellate Court Holds Nursing Home COVID-19 Death Claims Belong In State Court

October 22, 2021

The United States Court of Appeals for the Third Circuit (“Federal Appellate Court”) held in its precedential opinion filed on October 20, 2021: “Federal courts have limited jurisdiction. We may decide only cases or controversies that the Constitution and Congress say we may decide[...]

Washington Appellate Court Revives Malpractice Case Against Therapist Alleging Sexual Relationship

October 21, 2021

The Court of Appeals of the State of Washington (“Washington Appellate Court”) held in its opinion published on September 27, 2021: “The trial court dismissed Jodi Williams’ professional negligence and malpractice claims against her former therapist, Shawn Gillies, because the cl[...]

Texas Appellate Court Rules Nurse’s Claim He Was Subjected To Offensive Conduct While Under Anesthesia Is Medical Malpractice Claim

October 20, 2021

The Court of Appeals Sixth Appellate District of Texas at Texarkana (“Texas Appellate Court”) held in its Memorandum Opinion filed on September 3, 2021 that the plaintiff nurse employee of the defendant hospital, who sued for intentional infliction of emotional distress for placing him i[...]

$8.2M Verdict Against 3M Company For Defective Combat Earplugs

October 19, 2021

On October 1, 2021, a federal jury in Pensacola, Florida found 3M Company and its subsidiary Aearo Technologies LLC liable for a former service member’s hearing loss and tinnitus, and awarded the plaintiff $8.2 million in damages for 3M’s failure to disclose that their combat earplugs w[...]

Ohio Supreme Court Overturns Medical Malpractice Defense Verdict Because Its Expert Wasn’t Qualified

October 18, 2021

In its slip opinion dated September 22, 2021, the Ohio Supreme Court overturned a defense verdict in a medical malpractice case because the defense medical expert was not qualified to provide testimony in the case. The Ohio Supreme Court held: “a physician employed in an executive position who[...]

Mississippi Pharmacist And Louisiana Marketer Plead Guilty In $180M Health Care Fraud Scheme

October 17, 2021

The U.S. Department of Justice announced that a Mississippi pharmacist and a Louisiana marketer pleaded guilty in August 2021 in the Southern District of Mississippi for their roles in a multi-million-dollar scheme to defraud TRICARE and private insurance companies by paying kickbacks to distributor[...]

Pennsylvania Medical Malpractice Lawsuit Alleges Cancer Misdiagnosis Led To Unnecessary Prostate Removal Surgery

October 16, 2021

A Pennsylvania man has filed a medical malpractice lawsuit alleging that a mix-up in the preparation and reading of slides from his prostate biopsy caused him to be misdiagnosed as having cancer. He alleges that the biopsy tissue from another patient was wrongfully identified as his and therefore he[...]

138 Defendants Charged With Over $1.4B In Health Care Fraud

October 15, 2021

The U.S. Department of Justice announced on September 17, 2021 criminal charges against 138 defendants, including 42 doctors, nurses, and other licensed medical professionals, in 31 federal districts across the United States for their alleged participation in various health care fraud schemes that r[...]

D.C. Appellate Court Affirms Dismissal Of Medical Malpractice Case Not Disclosed In Bankruptcy Proceeding

October 14, 2021

The District of Columbia Court of Appeals (“D.C. Appellate Court”) held in its opinion dated September 16, 2021: “the invocation of the doctrine of judicial estoppel arose from appellants’ failure to disclose their malpractice claim as a potential asset in their bankruptcy petiti[...]

Vermont Supreme Court Affirms Dismissal Of Inmate’s Suicide Claim

October 13, 2021

The Vermont Supreme Court affirmed the dismissal of a Vermont lawsuit arising out of the suicide of an inmate in the custody of the Vermont Department of Corrections, holding: “It is undisputed that plaintiff failed to file a COM [certificate of merit required in medical malpractice claims] si[...]

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