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Oregon Supreme Court Holds $500,000 Cap On Noneconomic Damages Is Unconstitutional

July 14, 2020

In its opinion filed on July 9, 2020, the Supreme Court of the State of Oregon (“Oregon Supreme Court”) held: “ORS 31.710(1), as a limit on the noneconomic damages that a court can award to a plaintiff, violates Article I, section 10.” The Underlying Facts The plaintiff had t[...]

Florida Appellate Court Says Failure-To-Transfer Claim Is A Medical Malpractice Claim

July 13, 2020

The District Court of Appeal of the State of Florida Fifth District (“Florida Appellate Court”) stated in its opinion dated May 29, 2020, “The issue presented by these consolidated petitions is whether a claim arising out of the alleged failure to complete a medically necessary tra[...]

Tennessee Appellate Court Affirms Reduction Of Medical Malpractice Verdict From $4.5M To $1.25M

July 12, 2020

The Court of Appeals of Tennessee at Nashville (“Tennessee Appellate Court”) held in its opinion dated May 28, 2020: “we conclude that the trial court erred in refusing to consider the plaintiffs’ constitutional issue. But because we also conclude that the statutory cap on noneco[...]

Louisiana Appellate Court Rules Certain Allegations Against Hospital ER Employee For Sexual Assault Of Patient Are Medical Malpractice Claims

July 11, 2020

The State of Louisiana Court of Appeal, Third Circuit (“Louisiana Appellate Court”) ruled in it decision dated May 27, 2020 that certain allegations in the plaintiff’s petition alleging that an emergency room technician employed by the defendant hospital sexually assaulted a patien[...]

Maryland Appellate Court Affirms Medical Malpractice Loss Due To Discovery Violation

July 10, 2020

In its unreported opinion dated July 7, 2020, the Court of Special Appeals of Maryland (“Maryland Appellate Court”) held: “Under the circumstances of this case, the trial court’s decision to preclude the testimony of the expert witness was an appropriate and proportionate sanctio[...]

Massachusetts Ambulance Company Cancels $1.6M In Consumer Debt For Threatening 880 Debtors

July 9, 2020

The Massachusetts Attorney General announced on March 12, 2020 that Trinity EMS Inc. (“Trinity”), an ambulance company located in Lowell, Massachusetts, has agreed to cancel nearly $1.6 million in ambulance debts for nearly 880 consumers who were threatened by a debt collection attorney [...]

Novartis Agrees To Pay Over $642M To Settle Improper Payments To Patients And Physicians Allegations

July 8, 2020

The United States Department of Justice announced on July 1, 2020 that New Jersey-based Novartis Pharmaceuticals Corporation (“Novartis”) has agreed to pay over $642 million in separate settlements resolving claims that it violated the False Claims Act (FCA). The first settlement pertain[...]

Florida Appellate Court Overturns Plaintiff’s Medical Malpractice Verdict Because Defense Not Allowed To Present Causation Argument

July 7, 2020

In its opinion filed on May 22, 2020, the District Court of Appeal of Florida Second District (“Florida Appellate Court”) held: “The trial court’s erroneous conclusion that USF was the sole and the initial tortfeasor in this case prevented USF from presenting its causation de[...]

Texas Medical Malpractice Lawsuit Filed For Infant’s Brain Injury Suffered In Hospital

July 6, 2020

A federal medical malpractice lawsuit was filed in Texas on May 19, 2020 regarding the severe brain injury suffered by an infant in the defendant hospital shortly after undergoing a cardiac procedure. The Texas federal medical malpractice lawsuit alleges that on August 29, 2018, the infant was admit[...]

Florida Appellate Court Holds Negligence Case Should Have Been Dismissed For Failure To Follow Medical Malpractice Presuit Procedures

July 5, 2020

The District Court of Appeal of the State of Florida Fourth District (“Florida Appellate Court”) held in its unpublished opinion dated May 20, 2020, “We agree with Defendants that the complaint sounds in medical negligence and that the trial court departed from the essential requir[...]

Indiana Appellate Court Addresses Employer Liability For HIPAA Violation

July 4, 2020

The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its opinion dated May 15, 2020 in a HIPAA violation case “there is an issue of fact as to whether [the employee’s] conduct was incidental to authorized employment activities. We therefore find that the trial [...]

Federal Civil Fraud Suit Filed Against Anthem, Inc., For Falsely Certifying The Accuracy Of Its Diagnosis Data

July 3, 2020

The Department of Justice U.S. Attorney’s Office Southern District of New York announced on March 27, 2020 that the United States filed a civil fraud lawsuit against ANTHEM, INC. (“ANTHEM”), alleging that ANTHEM falsely certified the accuracy of the diagnosis data it submitted to the Centers f[...]

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