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Oregon Supreme Court Recognizes Wrongful Birth Claim, Rejects Wrongful Life Claim

February 10, 2018

In its opinion dated February 8, 2018, the Supreme Court of the State of Oregon (“Oregon Supreme Court”) recognized wrongful birth claims but rejected wrongful life claims in Oregon, thereby affirming the lower appellate court’s decision. In the case the Oregon Supreme Court was de[...]

$3M Alabama Medical Malpractice Verdict Against Pulmonologist For Failure To Diagnose Lung Cancer

February 9, 2018

On January 22, 2018, an Alabama medical malpractice jury returned its verdict against the defendant pulmonologist in an Alabama medical malpractice case that alleged that the defendant negligently failed to diagnose a man’s lung cancer, which killed him after it was diagnosed too late. The Ala[...]

Florida Assisted Living Negligence Lawsuit Alleges Wrongful Death Of 97-Year-Old Resident

February 8, 2018

The son and daughter of a 97-year-old resident of a Florida assisted living facility has filed a wrongful death negligence lawsuit against the assisted living facility, alleging that the resident was left outside in the excessive heat for about six hours on July 5, 2017 after she fell from her scoot[...]

$109M Florida Medical Malpractice Verdict Subject To $100K Cap On Damages

February 7, 2018

On January 26, 2018, a Tampa medical malpractice jury returned its verdict in excess of $109 million in favor of the plaintiff who lost her hands and feet following minor surgery for a benign ovarian cyst. The now 52-year-old woman was a civilian intelligence analyst in late 2010 when she was not al[...]

New York Appellate Court Allows Punitive Damages for Destroying Medical Records In Medical Malpractice Case

February 6, 2018

In its opinion filed on January 17, 2018, the Appellate Division of the Supreme Court of New York, Second Department (“New York Appellate Court”) held: “we now hold that where, as here, a plaintiff recovers compensatory damages for a medical professional’s malpractice, a plai[...]

West Virginia Federal Judge Finds Doctor Responsible For Newborn’s Hypoxic-Ischemic Encephalopathy

February 5, 2018

The January 17, 2018 Order of a federal judge in the United States District Court for the Northern District of West Virginia Martinsburg, which was issued following a bench trial regarding a medical malpractice claim arising out of the alleged negligent medical care of a newborn, stated that the new[...]

$7.6M Georgia Nursing Home Negligence Verdict

February 4, 2018

On January 25, 2018, a Georgia nursing home negligence jury returned its verdict against the defendant nursing home in the amount of $7,621,000, finding the nursing home guilty of both ordinary negligence and medical malpractice. The Georgia nursing home negligence jury determined that the defendant[...]

$40M Pennsylvania Birth Injury Medical Malpractice Jury Verdict

February 3, 2018

On January 23, 2018, after more than two weeks of trial, a Pennsylvania medical malpractice jury returned its verdict in favor of a now 6-year-old girl who suffered catastrophic injuries during birth that left her paralyzed below her chest due to a spinal injury. The Pennsylvania medical malpractice[...]

New York’s “Lavern’s Law” Signed Into Law

February 2, 2018

On January 31, 2018, New York Governor Andrew Cuomo signed into law “Lavern’s Law,” which changes the medical malpractice law in New York so that the two-and-a-half year statute of limitations in New York medical malpractice cancer cases begins to run on the date of discovery of th[...]

Defense Verdict For Abortion Doctor Who Left Part Of Baby’s Skull In Woman’s Uterus

February 1, 2018

On January 22, 2018, a Colorado medical malpractice jury found in favor of an abortion doctor who performed a late-term abortion on the plaintiff and left more than a half of the baby’s skull imbedded in her uterus. The 79-year-old late-term abortion doctor was accused of negligently performin[...]

Utah Appellate Court Imputes Nurse’s Concealment Of Medication Error To The Nursing Home Where She Was Employed

January 31, 2018

The Utah Court of Appeals (“Utah Appellate Court”) held in its opinion filed on January 19, 2018 that the defendant nursing home’s efforts to avoid full liability for its nurse’s medication error and her subsequent concealment of that error are unavailing, largely because kno[...]

Large For-Profit Medical Records Copying Company Files Federal Lawsuit Seeking To Protect Its Profits

January 30, 2018

On January 8, 2018, CIOX Health, LLC (CIOX) filed a federal lawsuit in the United States District Court for the District of Columbia seeking to protect its profits obtained from charging for patients’ medical records requested from hospitals, physicians offices, and other health care providers[...]

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