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Illinois Appellate Court Overturns Medical Malpractice Defense Verdict Due To Improper Closing Argument

December 29, 2020

The Appellate Court of Illinois Second District (“Illinois Appellate Court”) held in its opinion filed December 7, 2020 in an Illinois medical malpractice case: “the evidence in this case was closely balanced, making it highly probable that the repeated improper comments during clo[...]

Superspreader Wedding In Washington Tied To At Least 7 Nursing Home Resident COVID-19 Deaths

December 28, 2020

A wedding in Washington State that was attended by more than 300 guests, including staff from three nursing homes (McKay Healthcare & Rehab Center in Soap Lake, Lake Ridge Center in Moses Lake, and Columbia Crest Center in Moses Lake) has been identified as a superspreader event, leading to at l[...]

Iowa Has Agreed To Pay $3.7M To Three Families To Settle Medical Malpractice Claims

December 27, 2020

It has been reported that Iowa has agreed to pay a total of $3.7 million to three families to settle their Iowa medical malpractice claims against University of Iowa Hospitals and Clinics (“UIHC”). Iowa agreed to pay Robert Davis and his wife, Marie Davis, $1 million after they sued UIHC[...]

Pennsylvania Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement Signed By Resident’s Spouse At Time Of Discharge

December 26, 2020

The Superior Court of Pennsylvania, in its non-precedential opinion filed on November 18, 2020, refused to enforce a nursing home arbitration agreement signed by the resident’s spouse at the time of her husband’s discharge from the nursing home, holding “we conclude that the trial [...]

New Jersey Appellate Court Rules Medical Malpractice Defendants Not Entitled To Offset For Settlement With Original Tortfeasor

December 25, 2020

In its opinion dated December 3, 2020, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held in a case where the decedent had settled with the original tortfeasor for injuries she sustained as a result of a fall at a restaurant and later was injured (and[...]

What Happens If The COVID-19 Vaccine Injures Me?

December 24, 2020

As of the present time, reported serious side effects and adverse reactions from the COVID-19 vaccine industry have been very few and the vaccine is considered safe for most people of the appropriate age. However, because it is anticipated that so many people throughout the United States will receiv[...]

Connecticut Appellate Court Affirms Dismissal Of Connecticut Medical Malpractice Lawsuit Due To Attorney’s Failures To Prosecute The Case

December 23, 2020

In its opinion released on December 8, 2020, the Connecticut Appellate Court affirmed the lower court’s dismissal of the plaintiffs’ Connecticut medical malpractice wrongful death lawsuit due to the repeated failures of their attorney to prosecute the case. The plaintiffs filed their Con[...]

North Carolina Supreme Court Declines To Adopt Loss Of Chance Doctrine In Medical Malpractice Cases

December 22, 2020

The Supreme Court of North Carolina (“North Carolina Supreme Court”) declined to adopt the loss of chance doctrine in medical malpractice cases in its opinion filed on December 18, 2020. The North Carolina Supreme Court stated, “we are asked to change our existing jurisprudence reg[...]

Maryland Appellate Court Cites Subsequent Scientific And Medical Literature In Granting Relief To A Man Convicted In 1999 Of The Shaken Baby Syndrome Death Of His Infant Son

December 21, 2020

In its unpublished opinion dated December 1, 2020, the Court of Special Appeals of Maryland (“Maryland Appellate Court”) acknowledged scientific and medical literature published since a man’s conviction in 1999 of the Shaken Baby Syndrome killing of his infant son to support granti[...]

Arizona Appellate Court Affirms Defense Verdict For Unwitnessed Fall From Treadmill During Physical Therapy

December 20, 2020

The Arizona Court of Appeals Division One (“Arizona Appellate Court”), in its decision dated December 1, 2020, affirmed a defense verdict for a provider of physical therapy services arising out of the serious brain injury suffered by a patient who evidently fell from a treadmill during p[...]

Pennsylvania Governor Vetoes Bill That Would Expand COVID-19 Immunity Protections

December 19, 2020

On November 30, 2020, Governor Tom Wolf of Pennsylvania vetoed House Bill 1737, which “would have undermined COVID-19 mitigation efforts and endangered the public health by enacting overly broad immunity protections from civil liability due to the pandemic.” Governor Wolf issued the foll[...]

New York Appellate Court Finds No Private Cause Of Action Against Hospital For Violation Of Article 11 Of The Social Services Law

December 18, 2020

The New York Appellate Division, Second Department (“New York Appellate Court”) held in its decision dated November 25, 2020 in a case filed against a hospital for alleged physical abuse of a vulnerable 19-year-old special needs high school student during a multiple-day psychiatric stay [...]

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