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Tennessee Appellate Court Affirms Hospital Responsible For Medical Malpractice Verdict Based On Apparent Agency

December 13, 2017

In its opinion filed on November 8, 2017, the Court of Appeals of Tennessee at Nashville (“Tennessee Appellate Court”) affirmed that the defendant hospital was responsible for a share of the $750,000 verdict the Tennessee medical malpractice jury returned in favor of the plaintiff, holdi[...]

Illinois Supreme Court Holds Relation Back Statute Applied To Plaintiff’s Medical Malpractice Wrongful Death Claim And Was Not Barred By Statute Of Repose

December 12, 2017

The Supreme Court of the State of Illinois (“Illinois Supreme Court”) stated in its opinion filed on November 30, 2017 that the plaintiff’s medical malpractice wrongful death cause of action accrued upon the decedent’s death, which occurred several months after the four-year repo[...]

Missouri Court Affirms Ovarian Cancer Talc Verdict For Non-Residents

December 11, 2017

By Order filed on November 29, 2017, the Missouri Circuit Court Twenty-Second Judicial Circuit (City of St. Louis) (“Missouri Circuit Court”) affirmed a Missouri jury’s verdict in favor of 61 talc plaintiffs, two of whom were Missouri residents and the remaining 59 were non-residen[...]

Pennsylvania Supreme Court Applies Two-Year Statute Of Limitations From Date Of Death In Nursing Home Death Case

December 10, 2017

In a case decided on November 22, 2017, the Supreme Court of Pennsylvania Eastern District (“Pennsylvania Supreme Court”) held that Section 513(d) of MCARE establishes a two-year statute of limitations for medical professional liability cases in the form of wrongful death or survival act[...]

Indiana Appellate Court Affirms Summary Judgment For Medical Malpractice Plaintiff

December 9, 2017

In its Memorandum Decision filed on November 21, 2017, the Court of Appeals of Indiana (“Indiana Appellate Court”) affirmed the trial court granting summary judgment to the Indiana medical malpractice plaintiff, finding that the affidavit of the defendant’s medical expert filed in [...]

New Mexico Supreme Court Establishes Rule For Application Of Statute Of Repose In Medical Malpractice Cases

December 8, 2017

The Supreme Court of the State of New Mexico (“New Mexico Supreme Court”) held in its November 20, 2017 opinion that while the New Mexico Medical Malpractice Act (“MMA”), NMSA 1978, §§ 41-5-1 to -29 (1976, 4 as amended through 2015) forecloses any cause of action that does [...]

$27.8M Xarelto Verdict

December 7, 2017

On December 5, 2017, a Philadelphia pharmaceutical liability jury returned its verdict in the amount of $27.8 million in favor of a husband and wife regarding the wife’s internal bleeding allegedly caused by her use of the prescription blood-thinning medication Xarelto (rivaroxaban). The jury [...]

New Study Finds Increased Risk Of Complications Following Overlapping Surgeries

December 6, 2017

A new study published online on December 4, 2017 in JAMA Internal Medicine investigated the association between overlapping surgeries (i.e., double-booked surgeries, where a single attending surgeon supervises two or more surgeries occurring in different operating rooms at the same time) for hip fra[...]

VA Settles Overdose Medical Malpractice Death Claim For $2.3M

December 5, 2017

A federal judge has approved the $2.3 million medical malpractice wrongful death settlement involving the Tomah VA Medical Center in Tomah, Wisconsin. The victim, a Marine Corps veteran, died on August 30, 2014 after he was administered sixteen different opiates in addition to other sedating medicat[...]

Texas Freestanding ER Sued For Medical Malpractice For Death Of 4-Year-Old

December 4, 2017

On November 8, 2017, the distraught parents of a four-year-old child who died shortly after being seen in a Texas freestanding emergency room filed a Texas medical malpractice wrongful death lawsuit against the for-profit corporate owner of the facility, alleging that the medical misdiagnosis of the[...]

West Virginia Supreme Court Affirms Medical Malpractice Lawsuit Was Filed After Statute Of Limitations Expired

December 3, 2017

The State of West Virginia Supreme Court of Appeals (“West Virginia Supreme Court”) filed an opinion on November 17, 2017 in which it affirmed summary judgment in favor of the West Virginia medical malpractice defendants, finding that the West Virginia medical malpractice plaintiff had f[...]

Indiana Appellate Court Reverses Directed Verdict For Doctor On Informed Consent Claim

December 2, 2017

On November 17, 2017, the Court of Appeals of Indiana (“Indiana Appellate Court”) reversed the trial court’s directed verdict in favor of the defendant obstetrician in an Indiana medical malpractice case that also alleged that the defendant had failed to obtain the plaintiff’[...]

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