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Michigan Appellate Court Discusses Effect Of Plaintiff’s Bankruptcy On His Medical Malpractice Case

December 5, 2020

The State of Michigan Court of Appeals (“Michigan Appellate Court”) held in its unpublished opinion dated October 15, 2020: “it is undisputed that plaintiffs claimed an exemption for this medical malpractice claim when they filed their petition for Chapter 7 bankruptcy without obje[...]

New York Appellate Court Reverses Summary Judgment For LAP-Band Surgeon Based On Insufficient Habit Testimony

December 4, 2020

The New York Appellate Division, First Department held in its opinion dated November 10, 2020: “we find that even if an appropriate foundation was laid for the habit testimony that defendants’ expert relied on, the motion for summary judgment still should have been denied. Where habit ev[...]

GAO Report Highly Critical Of Trump Administration’s Response To COVID-19 Pandemic

December 3, 2020

In response to the COVID-19 pandemic, Congress appropriated $2.6 trillion in emergency assistance for people, businesses, the health care system, and state and local governments. The U. S. Government Accountability Office (GAO) is examining many aspects of the federal response and is the source for [...]

Federal Appellate Court Affirms Dismissal Of Federal Malpractice Case As Time-Barred

December 2, 2020

As a sovereign, the United States is immune from suit unless it consents to be sued. That consent must be unequivocally expressed, and the terms of such consent define the court’s subject matter jurisdiction. The Federal Tort Claims Act (“FTCA”) includes a limited waiver of sovereign i[...]

$5M Legal Malpractice Verdict Reduced To $250K Against Florida Medical Malpractice Law Firm

December 1, 2020

In its November 6, 2020 opinion, the District Court of Appeal of Florida Second District (“Florida Appellate Court”) held: “Because the Pollocks introduced evidence that only established that a judgment of $250,000 was collectable, we reverse and remand for a remittitur of the dama[...]

Gilead Will Pay $97M To Resolve Alleged False Claims Act Liability For Illegal Kickbacks

November 30, 2020

The U.S. Department of Justice announced on September 23, 2020 that the pharmaceutical company Gilead Sciences, Inc. (“Gilead”), which is based in Foster City, California, has agreed to pay $97 million to resolve claims that it violated the False Claims Act by illegally using a foundatio[...]

New York Appellate Court Affirms $46M Birth Injury Medical Malpractice Verdict

November 29, 2020

The New York Appellate Division, Second Department (“New York Appellate Court”), in its opinion dated November 4, 2020, affirmed a New York birth injury medical malpractice verdict in the amount of $46 million, finding that the jury’s verdict was supported by the evidence introduce[...]

New York Appellate Court Holds Chiropractor Not Qualified To Testify Regarding SOC For Spinal Fusion Surgery

November 28, 2020

The New York Appellate Division, Third Department (“New York Appellate Court”) held in its opinion dated November 5, 2020 that a chiropractor was not qualified to testify as to the standard of care for a neurosurgeon performing spinal fusion surgery in a New York medical malpractice case[...]

Massachusetts Appellate Court Reverses Medical Malpractice Tribunal’s Finding Of Insufficient Proof

November 27, 2020

The Commonwealth of Massachusetts Appeals Court (“Massachusetts Appellate Court”) held in its Memorandum and Opinion entered on November 3, 2020: “A medical malpractice tribunal concluded that the plaintiff’s offer of proof was insufficient to present a triable claim of mal[...]

New York Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement

November 26, 2020

The New York Appellate Division, Second Department (“New York Appellate Court”), in its decision dated November 4, 2020, refused to enforce a nursing home arbitration agreement, stating that the nursing home “failed to demonstrate that the resident, or William as her representative[...]

Medical Malpractice Claims Involving Intraoperative Neuromonitoring For Spinal Surgery

November 25, 2020

A research article entitled “Damned if you monitor, damned if you don’t: medical malpractice and intraoperative neuromonitoring for spinal surgery” published online in the Journal of Neurosurgery in November 2020 concluded: “The use and interpretation of intraoperative neurom[...]

Maryland Appellate Court Discusses Loss Of Chance Doctrine, Which Maryland Rejects, And Proximate Cause In Reinstating Medical Malpractice Verdict For Plaintiffs

November 24, 2020

The Court of Special Appeals of Maryland (“Maryland Appellate Court”), Maryland’s intermediate appellate court, reinstated a Maryland medical malpractice jury’s verdict in favor of the plaintiffs in its published opinion filed on November 23, 2020. The Underlying Facts In Nov[...]

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