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$1.5M Maryland Medical Malpractice Verdict For Stillborn

September 30, 2021

On September 24, 2021, a Maryland medical malpractice jury awarded the parents of a stillborn child $1.5 million after five days of trial and two days of jury deliberations. The portion of the Maryland birth injury jury’s verdict for noneconomic damages will be reduced to $943,750, pursuant to[...]

Study Finds COVID-19 Nursing Home Deaths Were Underreported

September 29, 2021

A study published on September 9, 2021 by JAMA Network Open entitled “Estimates of COVID-19 Cases and Deaths Among Nursing Home Residents Not Reported in Federal Data” found: “In this cross-sectional study of 15 307 US nursing homes, approximately 44% of COVID-19 cases and 40% of[...]

99% Of U.S. Nursing Homes Face Staffing Shortages

September 28, 2021

A recent survey conducted by the American Health Care Association found that 99% of nursing homes and 96% of assisted living facilities in the United States are facing staffing shortages. The survey also found that 99% of nursing homes and 100% of assisted living facilities have requested current st[...]

Massashusetts Appellate Court Reverses Summary Judgment Against Pro Se Medical Malpractice Plaintiff

September 27, 2021

The Commonwealth of Massachusetts Appeals Court stated in its unpublished Memorandum and Order entered on September 1, 2021: “Representing himself, Cook pursued a range of claims implicating the adequacy of his informed consent, and possible malpractice or misconduct in both the administration[...]

Arkansas Appellate Court Reverses Directed Verdict For Nursing Home Involving Resident’s Rights Claim

September 26, 2021

The Arkansas Court of Appeals (“Arkansas Appellate Court”) held in its opinion dated September 1, 2021 involving a claim under the Arkansas nursing home Resident’s Rights Act: “the circuit court should apply the statute as it operated prior to the 2013 amendment.” Under[...]

Indiana Supreme Court Holds Statute Of Repose Precludes Plaintiff’s Fraudulent Concealment Of Medical Diagnosis Claim

September 25, 2021

The Indiana Supreme Court stated in its opinion dated August 31, 2021: “the plaintiff, having been misinformed of a medical diagnosis by her provider, which dissolved its business more than five years prior to the plaintiff filing her complaint, seeks relief for her injuries on grounds of frau[...]

California Appellate Court Affirms $3.9M Drug Rehab Malpractice Verdict For Patient’s Suicide

September 24, 2021

In its published opinon dated August 31, 2021, the Court of Appeal of the State of California Fourth Appellate District Division Three (“California Appellate Court”) affirmed a jury’s verdict in the amount of $3.9 million ($1.7 million for past damages and $2.2 million for future d[...]

FiberCel Viable Bone Matrix Associated With Tuberculosis

September 23, 2021

On June 2, 2021, the FDA issued an “Urgent Voluntary Notification: FiberCel Fiber Viable Bone Matrix (“FiberCel”) – Lot Number: NMDS210011” stating: “Aziyo Biologics, Inc., (“Aziyo”) is the manufacturer of record for FiberCel Fiber Viable Bone Matrix (“FiberCel”) [...]

Louisiana Doctor Charged With Illegally Dispensing Over 1.2M Opioid Doses

September 22, 2021

On August 27, 2021, a federal grand jury in New Orleans, Louisiana returned an indictment charging a Louisiana physician for his role in distributing over 1,200,000 doses of Schedule II controlled substances, including oxycodone and morphine, outside the scope of professional practice and not for a [...]

Texas Appellate Court Rules Medical Malpractice Plaintiff Failed To Toll Statute Of Limitations

September 21, 2021

In Texas, health care liability claims must be brought “within two years from the occurrence of the breach or tort or from the date the medical or health care treatment that is the subject of the claim or the hospitalization for which the claim is made is completed.” TEX. CIV. PRAC. & REM. C[...]

CMS Study Reports On Disparate Effects Of COVID-19 On Nursing Home Residents

September 20, 2021

The recent CMS report entitled “The Impact of COVID-19 on Medicare Beneficiaries in Nursing” stated: “Nursing home residents account for about 2% of the Medicare population, but about 22% of all COVID-19 cases. Nursing home residents were 14 times more likely to be diagnosed with C[...]

Study Finds Less Than 50% Of Nursing Home CNAs Are Vaccinated Against COVID-19

September 19, 2021

A study published online in JAMA Internal Medicine on September 16, 2021 reported that less than half of CNAs in the nation’s nursing homes have received the COVID-19 vaccine. The researchers found: “Among the more than 14 900 nursing homes reporting vaccination data by July 18, 2021, [...]

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