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Missouri Appellate Court Says Frozen Pre-Embryos Are Property, Not Children

November 24, 2016

In its opinion filed on November 15, 2016, the Missouri Court of Appeals Eastern District (“Appellate Court”) held that the parties’ pre-embryos that had been frozen as part of an in vitro fertilization process when they were married were marital property of a special character, an[...]

Second Florida Appellate Court Holds Caps On Noneconomic Damages In Medical Malpractice Cases Unconstitutional

November 23, 2016

In its opinion filed on October 26, 2016, the District Court of Appeal of Florida Second District (“Appellate Court”) agreed with the 2015 opinion of the District Court of Appeal of Florida Fourth District that held that the section 766.118 caps on noneconomic damages are unconstitutiona[...]

Illinois Appellate Court Discusses Forum Non Conveniens Doctrine In Medical Malpractice Case

November 22, 2016

In its opinion filed on November 10, 2016, the Appellate Court of Illinois Fifth District (“Appellate Court”) discussed the application of the forum non conveniens doctrine in a medical malpractice case, affirming the trial court’s denial of the Illinois medical malpractice defenda[...]

Deaf Wife Of Patient Files Lawsuit Against Maryland Hospital For Its Failure To Provide Her With Interpreter

November 21, 2016

On November 13, 2016, the deaf wife of a patient who was treated for cancer in a Maryland hospital filed a lawsuit against the hospital for its failure to provide her with a qualified sign language interpreter during her husband’s hospital treatments. The patient, who had no hearing impairment[...]

Illinois Appellate Court Affirms Medical Malpractice Defense Verdict In Kidney Biopsy Case

November 20, 2016

In it decision filed on November 10, 2016, the Appellate Court of Illinois First Judicial District Sixth Division (“Illinois Appellate Court”) affirmed an Illinois medical practice defense verdict, stating that in reviewing a medical malpractice jury’s verdict in favor of the defen[...]

Maryland Nursing Home Wrongful Death Case Filed in Baltimore

November 19, 2016

The estate of a former nursing home resident and his three adult children have filed a Maryland nursing home negligence wrongful death case against the Maryland nursing home where the plaintiffs allege the resident failed to receive the care he needed that resulted in his untimely and painful death.[...]

$30.5M Georgia Birth Injury Medical Malpractice Verdict

November 18, 2016

On November 9, 2016, a Georgia medical malpractice jury in a conservative jurisdiction returned its verdict in the amount of $30,545,655 in favor of a now 4-year-old child who suffered a severe, permanent brain injury leading to cerebral palsy as a result of medical negligence during her mother̵[...]

$240M Metal-On-Metal Hip Implant Settlement Announced

November 17, 2016

On November 2, 2016, Wright Medical Group N.V. (“Wright”) announced that on November 1, 2016, its wholly owned subsidiary, Wright Medical Technology, Inc., entered into a Master Settlement Agreement (“MSA”) with Court-appointed attorneys representing plaintiffs in metal-on[...]

What Is President-Elect Donald Trump’s Position On Medical Malpractice Tort Reform?

November 16, 2016

Now that Donald Trump is the President-Elect of the United States, the innocent victims of medical negligence whose lives have been disrupted and whose hopes and aspirations for the future have been destroyed, and the medical malpractice attorneys who represent them, are wearily wondering the effect[...]

Indiana Appellate Court Says Contaminated Steroid Injection Claim Is A Medical Malpractice Claim

November 15, 2016

The Court of Appeals of Indiana (“Indiana Appellate Court”) ruled on November 7, 2016 that the plaintiffs’ claims regarding alleged contaminated steroid injections were medical malpractice claims and therefore subject to the provision of the Indiana Medical Malpractice Act (“[...]

Tennessee Circuit Court Affirms $28M Punitive Damages Award Against Nursing Home

November 14, 2016

In its October 28, 2016 Findings Of Fact And Conclusions Of Law Affirming Punitive Damages regarding various nursing home companies and individuals who operated a Tennessee nursing home that a Tennessee jury determined were responsible for a resident’s death, the court affirmed the jury[...]

Study: Post-Acute Nursing Home Care More Important Than Hospital Care For Elderly Hip Fracture Patients

November 13, 2016

A new study published by Penn Medicine found that for elderly care patients in the United States who suffered hip fractures, the care provided in nursing homes, rehabilitation facilities, and at-home care had a three to eight times greater impact on outcomes such as mobility and mortality than the h[...]

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