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Pennsylvania Appellate Court Affirms Nonsuit In Legal Malpractice Case Involving Medical Malpractice Case

May 11, 2017

In its non-precedential written decision filed on March 27, 2017, the Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) affirmed the nonsuit of the plaintiff’s legal malpractice lawsuit filed against her former medical malpractice lawyer that alleged that the defendan[...]

Texas Appellate Court Finds Medical Malpractice Expert’s Report Deficient

May 10, 2017

In its Memorandum Opinion filed on March 21, 2017, the Court of Appeals Fifth District of Texas at Dallas (“Appellate Court”) held that the medical malpractice plaintiff’s expert’s report was deficient because it did not satisfy the statutory element of causation by setting o[...]

$3M Paxil Labeling Verdict For Suicide Death

May 9, 2017

On April 20, 2017, a Chicago jury returned its verdict in the amount of $3 million in favor of a widow whose 57-year-old husband was a corporate attorney who committed suicide while taking a generic version of Paxil, by stepping into the path of a train on July 15, 2010. The defendant was GlaxoSmith[...]

New York Appellate Court Orders Summary Judgment For Defendant Oral Surgeon

May 8, 2017

The New York Supreme Court, Appellate Division, First Department (“New York Appellate Court”) held in a dental malpractice case it decided on April 20, 2017 that a plaintiff cannot defeat a summary judgment motion that made out a prima facie case by merely asserting, without more, a new [...]

Iowa Enacts Hurtful Medical Malpractice Tort Reform Law

May 7, 2017

Iowa’s governor, Terry Branstad, signed into law on May 5, 2017 new legislation that limits noneconomic damages in Iowa medical malpractice cases to $250,000 unless the jury determines that there is a substantial or permanent loss or impairment of a bodily function, substantial disfigurement[...]

$110M Missouri Talc Verdict Against Johnson & Johnson

May 6, 2017

On May 4, 2017, a Missouri talcum powder jury returned its verdict in favor of the plaintiff in the amount of $110 million against Johnson & Johnson (“J & J”), finding that J & J failed to adequately warn the woman about the risk of cancer associated with use of talc-based pr[...]

Virginia Supreme Court Reverses Medical Malpractice Defense Verdict Due To Unsupported Expert Opinion

May 5, 2017

In its opinion filed on April 13, 2017, the Supreme Court of Virginia (“Virginia Supreme Court”) reversed a Virginia medical malpractice jury’s verdict in favor of the defendant otolaryngologist involving the unexpected death of a child during the afternoon following outpatient[...]

Tennessee Appellate Court Determines Claim Against EMT Did Not Require Expert’s Report

May 4, 2017

The Court of Appeals of Tennessee at Knoxville (“Tennessee Appellate Court”) held in its opinion filed on May 2, 2017, that “it would be within the common knowledge of a layperson whether an EMT’s alleged negligent, reckless, or intentional striking of a patient’s face while th[...]

Washington Appellate Court Affirms Physician’s Disruptive Behavior Affected His Ability To Safely Practice Medicine

May 3, 2017

In its April 11, 2017 decision, the Court of Appeals of the State of Washington Division II (“Appellate Court”) affirmed the Department of Health, Medical Quality Assurance Commission’s (“MQAC”) final order requiring a medical doctor to undergo a psychological evaluation i[...]

Colorado Orthopedic Surgeon Faces Five Medical Malpractice Claims, Serious Criminal Charges

May 2, 2017

A 63-year-old Colorado orthopedic surgeon who had been named as a defendant in three pending Colorado medical malpractice cases has now been named as a medical malpractice defendant in two more recently filed medical malpractice cases. He also has pending against him numerous felony charges that all[...]

$20M Philadelphia Pelvic Mesh Verdict

May 1, 2017

A Philadelphia product liability jury returned its verdict on April 28, 2017 in the amount of $20 million in favor of the 56-year-old New Jersey plaintiff after a three-week trial of her pelvic mesh lawsuit against Johnson & Johnson and its subsidiary, Ethicon. The jury’s verdict included [...]

Arkansas Appellate Court Affirms Medical Malpractice Defense Verdict

April 30, 2017

In its opinion delivered on March 29, 2017, the Arkansas Court of Appeals “(Appellate Court”) ruled that there was no error committed by the trial judge during a medical malpractice jury trial, and therefore affirmed the jury’s defense verdict. The Arkansas medical malpractice [...]

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