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$1M Maryland Medical Malpractice Verdict For Misplaced Feeding Tube

October 20, 2014

On October 10, 2014, a Baltimore medical malpractice jury returned its verdict in favor of the plaintiffs in the amount of $958,000, which included $500,000 for pain and suffering, $250,000 for loss of consortium, and $208,000 for the amount of the plaintiffs’ stipulated medical bills. The Mar[...]

Pennsylvania Trial Court Finds Nursing Home Arbitration Agreement Unconscionable

October 19, 2014

In his October 3, 2014 written opinion, a Pennsylvania trial judge held that a nursing home’s arbitration agreement was unconscionable because the agreement was so one-sided, violated public policy, was misleading, was confusing, and that some of the provisions were overreaching. The arbitra[...]

Was The FDA Too Slow To React To New Jersey Pharmaceutical Company Distributing Allegedly Contaminated Products?

October 18, 2014

The FDA announced that on October 2, 2014, a complaint was filed in the U.S. District Court for the District of New Jersey, seeking a permanent injunction to stop Pharmaceutical Innovations Inc., a New Jersey pharmaceutical that manufactures and distributes ultrasound, mammography, and electro[...]

Idaho Supreme Court Case Highlights Hurdles In The Path Of Justice For Medical Malpractice Victims

October 17, 2014

A decision by the Supreme Court of the State of Idaho (“Idaho Supreme Court”) on September 19, 2014 is a prime example of the hurdles placed in the path of medical malpractice victims seeking to obtain fair compensation for their serious injuries due to alleged medical negligence. At i[...]

$38M Settlement Reached With Large Nursing Home Chain Under False Claims Act

October 16, 2014

On October 10, 2014, the U.S. Department of Justice announced that the large, national nursing home chain, Extendicare Health Services Inc. (“Extendicare”) and its subsidiary Progressive Step Corporation (“ProStep”), have agreed to pay $38 million to the United States and eig[...]

Official Review Finds Military Health Care Only “Average”

October 15, 2014

It was announced on October 1, 2014 that U.S. Defense Secretary Chuck Hagel’s 90-day review of the military health system found that it was comparable in access, quality and safety to care offered on average in the private sector. However, Secretary Hagel said “average” was not g[...]

Marvin Hamlisch’s Death The Subject Of New York Medical Malpractice Claim

October 14, 2014

Marvin Hamlisch, the internationally famed composer and conductor, died at the age of 68 on August 6, 2012, after collapsing and slipping into a coma following a flight from New York to Los Angeles. Mr. Hamlisch never woke up from his coma and he died five days later. The defendant doctor was respo[...]

Federal Appellate Court Upholds Presuit Requirement Of Florida’s Medical Malpractice Law

October 13, 2014

On October 10, 2014, a three-member panel of the U.S. Court of Appeals for the Eleventh Circuit (“Appeals Court”) overturned a lower federal court’s decision that the written authorization form required to be provided by Florida medical malpractice plaintiffs as set forth in Fl[...]

Louisiana Medical Malpractice Lawsuit Alleges Misplaced Feeding Tube Caused Serious Injuries

October 12, 2014

A woman in Louisiana filed a medical malpractice lawsuit in August 2014, alleging that a physician improperly inserted a feeding tube in her, causing serious injuries. The medical malpractice defendants are the physician who inserted the feeding tube, two nurses, and the hospital where the alleg[...]

Recent Study Finds Nursing Home Infection Rates Rising In U.S.

October 11, 2014

A study conducted by the Columbia University School of Nursing that investigated infection rates in nursing homes in the United States over a five-year period (2006 to 2010) found increased rates of infections involving urinary tract infections (UTIs), septicemia, viral hepatitis, wound infections[...]

Washington State Medical Malpractice Defense Verdict Upheld

October 10, 2014

On October 6, 2014, the Court of Appeals of the State of Washington (“Appeals Court”) issued its unpublished opinion in a Washington State medical malpractice case where the jury had found in favor of the Defendants. The losing plaintiffs had challenged some of the trial judge’s r[...]

Maryland Appellate Court Addresses Federal Preemption Of “Off-Label” Promotion Of Medical Devices

October 9, 2014

On October 6, 2014, the Court of Special Appeals of Maryland, which is Maryland’s intermediate appellate court (“the Court”), addressed the extent to which federal law expressly or impliedly preempts state common-law and statutory claims for personal injuries that result from �[...]

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