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New Hampshire Supreme Court Affirms Mental Health Patient’s Rights Were Violated

June 3, 2021

In its opinion dated May 11, 2021, the Supreme Court of New Hampshire (“New Hampshire Supreme Court”) stated: “The plain and ordinary meaning of RSA 135-C:28, I, RSA 135-C:29, I, RSA 135-C:29-a, and RSA 135-C:31, I, read in light of the purpose of RSA chapter 135-C and in the conte[...]

GAO Report On COVID-19 Nursing Home Outbreaks

June 2, 2021

The United States Government Accountability Office (“GAO”) issued a report on May 19, 2021 entitled “COVID-19 in Nursing Homes: Most Homes Had Multiple Outbreaks and Weeks of Sustained Transmission from May 2020 through January 2021” in which it reported that it found that nu[...]

Wrong-Side Surgery Defendant Claims PREP Act Immunity

June 1, 2021

A Missouri spine surgeon who was sued for medical malpractice in January 2021 has responded that he is immune from the medical malpractice lawsuit pursuant to the Public Readiness and Emergency Preparedness Act (PREP Act) that was activated to respond to the COVID-19 pandemic. The defendant spine su[...]

University Of Miami Agrees To Pay $22 Million To Settle Alleged False Claims Act Violations

May 31, 2021

The United States Department of Justice announced on May 10, 2021 that the University of Miami (“UM”) has agreed to pay $22 million to resolve allegations that it violated the False Claims Act by ordering medically unnecessary laboratory tests, and submitting false claims through its lab[...]

D.C. Medical Malpractice Lawsuit Alleges MS Patient Suffered PML After Taking TYSABRI

May 30, 2021

A former adjunct professor of media and public affairs at The George Washington University (“GW”) in Washington, D.C. has filed a D.C. medical malpractice lawsuit against GW Hospital and others, alleging that he was inappropriately continued on the Multiple Sclerosis (“MS”) d[...]

Confidential Settlement Reached in Chris Cornell Medical Malpractice Lawsuit

May 29, 2021

Rolling Stone has reported that the family of Soundgarden singer Chris Cornell has reached a confidential settlement in their 2018 medical malpractice wrongful death lawsuit filed against a physician who allegedly overprescribed multiple medications for Cornell that “impaired [his] cognition, clou[...]

Illinois Appellate Court Rules Order For Genetic Testing Of Parents Was Premature In Birth Injury Lawsuit

May 28, 2021

The Appellate Court of Illinois Fourth District (“Illinois Appellate Court”) held in its opinion filed on May 4, 2021 “without any findings or analysis for this court to review concerning the parental testing, we find it would be premature to consider the correctness of the decisio[...]

Indiana Appellate Court Rules Indemnity Claim Is Subject To Medical Malpractice Act Requirements

May 27, 2021

The Court of Appeals of Indiana (“Indiana Appellate Court”) stated in its opinion filed on May 4, 2021, “The primary issue in this case is whether an indemnity claim by a healthcare provider against another healthcare provider based on alleged medical negligence is subject to India[...]

Texas Appellate Court Holds Fall Due To Crack In Assisted Living Sidewalk Not Health Care Liability Claim

May 26, 2021

The Court of Appeals Fifth District of Texas at Dallas (“Texas Appellate Court”) held in its split-decision En Banc Opinion filed on May 3, 2021: “Here, the standards on which Faber bases her claim do not implicate Collin Creek’s duties as a health care provider or its duties to [...]

Three Florida Men Charged With $46M Healthcare Fraud

May 25, 2021

The U.S. Departmnet of Justice announced on May 3, 2021 that three telemarketing company owners were charged for their alleged participation in a $47 million health care fraud, kickback, and money laundering scheme involving the referral of medically unnecessary cancer genetic tests to labs in excha[...]

Former Tort Reform Advocate Files Iowa Medical Malpractice Lawsuit

May 24, 2021

71-year-old Sam Clovis, a 2014 candidate in the Iowa Republican Senate primary, one of the national co-chairs of Donald Trump’s 2016 presidential campaign, and a former senior White House adviser to the U.S. Department of Agriculture, who was known as a vocal advocate for medical malpractice tort [...]

South Dakota Neurosurgeon Will Pay $4.4M To Settle Healthcare Fraud Allegations

May 23, 2021

The U.S. Department of Justice announced on May 3, 2021 that neurosurgeon Wilson Asfora, M.D. of Sioux Falls, South Dakota, and two medical device distributorships that he owns, Medical Designs LLC and Sicage LLC, have agreed to pay $4.4 million to resolve False Claims Act allegations relating to il[...]

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