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Maryland’s Highest Court Abandons Frye-Reed And Adopts Daubert

August 31, 2020

The Court of Appeals of Maryland (“Maryland Appellate Court”), Maryland’s highest appellate court, in its opinion filed on August 28, 2020, adopted the Daubert standard of evaluating whether expert testimony will be admitted, thereby abandoning the Frye and Reed standard that Mar[...]

$10.8M Pennsylvania Medical Malpractice Verdict For Brain Injury From MRI Contrast Dye

August 30, 2020

A Pennsylvania medical malpractice jury awarded the total amount of $10.8 million to a man who suffered a catastrophic brain injury from an allergic reaction to the contrast dye used during an MRI. The complaint alleged that the MRI technician negligently failed to timely notify the doctor who could[...]

North Carolina Appellate Court Revives Medical Malpractice Case Dismissed Under Rule 9(j)

August 29, 2020

The Court of Appeals of North Carolina (“North Carolina Appellate Court”), in its opinion dated April 21, 2020, stated, “we hold that the trial court erred in dismissing Plaintiffs’ claims against the Doctors based on a failure to comply with Rule 9(j) at this stage of the litiga[...]

For Patient Safety Sake, Get Rid Of Doctors With Multiple Paid Medical Malpractice Claims!

August 28, 2020

“Physicians with poor malpractice liability records may pose a risk to patient safety … [a] small group of physicians accounts for a disproportionately large share of all malpractice claims and patient complaints. This maldistribution has long been evident, but studies in the past severa[...]

Pennsylvania Supreme Court Affirms Mental Health Provider’s Liability For Psychiatric Patient’s Harm To Others

August 27, 2020

The Supreme Court of Pennsylvania Western District (“Pennsylvania Supreme Court”), in its Opinion filed on July 21, 2020, stated: “We consider the duty of mental health treatment providers to warn individuals who may be the subject of their patient’s threats. In the present appea[...]

Federal Appellate Court Reverses $6.3M Medical Malpractice Verdict That Allowed Plaintiff To Recover Twice For Same Harm

August 26, 2020

In a case decided by the United States Court of Appeals for the Tenth Circuit (“Federal Appellate Court”) on July 17, 2020, the plaintiff had settled a medical malpractice lawsuit with the defendant orthopedic surgeons and physician assistants (“PAs”) but not against the defendant ho[...]

Maryland Appellate Court Holds That Expert Testimony Necessary To Establish Non-Party’s Medical Negligence In Medical Malpractice Case

August 25, 2020

In its opinion filed on August 24, 2020, the Court of Appeals of Maryland (“Maryland Appellate Court”), Maryland’s highest appellate court, stated in a Maryland medical malpractice case: “we are asked to determine whether expert testimony is required to establish the medical [...]

Maryland Hospital Sued By Transgender Man For Constitutional Violations By Not Permitting Hysterectomy

August 24, 2020

A federal lawsuit filed on July 16, 2020 in the United States District Court for the District on Maryland by a transgender man (Jesse Hammons) alleges, “As part of Mr. Hammons’s medically necessary treatment relating to his diagnosis of gender dysphoria, Mr. Hammons’s surgeon scheduled a h[...]

Bayer Agrees To Pay $1.6 Billion To Resolve Approximately 35,000 Essure Claims

August 23, 2020

On August 20, 2020, Bayer announced that it has reached agreements with plaintiff law firms to resolve approximately 90% of the nearly 39,000 total filed and unfiled U.S. Essure™ claims involving women who allege device-related injuries. The settlements include all of the jurisdictions with s[...]

Pennsylvania Appellate Court Overturns $40M Birth Injury Medical Malpractice Verdict

August 22, 2020

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”), in its opinion filed on July 16, 2020, overturned a Pennsylvania birth injury medical malpractice verdict in the amount of $40,258,000 because the trial court erroneously permitted the Plaintiffs’ lawyer to cross-[...]

Federal Appellate Court Affirms Medical Malpractice Defense Verdict Involving VA

August 21, 2020

The United States Court of Appeals for the Ninth Circuit (“Federal Appellate Court”), in its unreported Memorandum opinion dated June 9, 2020, affirmed a federal medical malpractice verdict in favor of the United States involving alleged negligent medical care provided by the VA. The fed[...]

Nevada Supreme Court Holds Nurse’s Negligence In Administering Drug To Wrong Patient Is Ordinary Negligence

August 20, 2020

The Supreme Court of the State of Nevada (“Nevada Supreme Court”) stated in its opinion filed on July 9, 2020: “we consider whether a nurse’s mistake in administering a drug to one patient, when the drug was prescribed to a different patient, as well as the alleged failure to[...]

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