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Connecticut Medical Malpractice Lawsuit Alleges Patient Restrained Over 165 Hours During Eight Days Before His Death

December 20, 2024

A 50-year-old man with a history of adult-onset bipolar disorder, often with paranoia, had a psychotic episode on August 4, 2022 at which time he was reportedly found to be smashing windows, likely triggered by a plumbing failure that caused flooding in his home. When police arrived, the man was fou[...]

$7.25M Maryland Medical Malpractice Verdict For Death After Patient Taken Off Blood Thinner

December 19, 2024

In early December 2024, a Maryland medical malpractice jury returned its verdict in the amount of $7.25 million for the death of a 23-year-old man due to being taken off his blood thinner by his hematologist, who advised him to take a baby aspirin instead. The man died in December 2021 in his bedroo[...]

Georgia Appellate Court Revives EMTALA Screening Claim But Not EMTALA Stabilization Claim

December 18, 2024

The Estate of Minnie Lee Tomlinson, by and through its executrix, Cynthia Gouge Morrison, (the“Estate”) sued Houston Healthcare (the “Hospital”), alleging that when Tomlinson arrived at the Hospital’s emergency department in an unstable emergency medical condition resulting from her chroni[...]

Teva Pharmaceuticals Will Pay $450M In False Claims Act Settlement To Resolve Kickback Allegations Relating To Copayments And Price Fixing

December 17, 2024

The United States Department of Justice announced on October 10, 2024 that Teva Pharmaceuticals USA Inc. (Teva USA) and Teva Neuroscience Inc. have agreed to pay $450 million to resolve two matters that allege Teva violated the Anti-Kickback Statute (AKS) and the False Claims Act (FCA). Teva, headqu[...]

New York Appellate Court Reinstates Medical Malpractice Defense Verdict

December 16, 2024

Background Facts After Gretchen Revere (plaintiff) presented to her primary care physician (PCP) with numerous symptoms including the loss of taste and smell, the PCP referred plaintiff to allergist Stella M. Castro, M.D. of Asthma & Allergy Associates, P.C. (defendants). Following an initial ev[...]

When Is A Medical Complication Medical Malpractice?

December 16, 2024

When we use the the term medical complication, we typically are referring to an unplanned or unexpected outcome from medical treatment. All medical care and treatment involve risks, such as developing an infection after surgery. While most risks of medical treatment are known and can be avoided with[...]

Why Do Doctors Make Errors?

December 15, 2024

We recently did an AI internet search on the question “Why Do Doctors Make Errors?” and the following was the result of that search: Doctors can make errors due to a variety of factors including: burnout from stress and workload, inadequate training or experience, communication brea[...]

Florida Appellate Court Reinstates Resident-On-Resident Assault Case Against Assisted Living Facility

December 15, 2024

Background Facts In May of 2018, Maria M. Mosher was admitted into the defendant assisted living facility, Sumter Place in the Villages, located in Sumter County, Florida. During her stay, Mosher was placed in the facility’s memory care unit. On April 2, 2019, while still in the memory care unit, [...]

Massachusetts Medical Malpractice Lawsuit Alleging Failed Knee Replacement Dismissed Due To Lack Of Expert

December 14, 2024

In Roman v. Lahey, et al. (Lawyers Weekly No. 02-469-24), the Massachusetts medical malpractice plaintiff alleged that his knee replacement surgery was negligently performed. However, the plaintiff failed to disclose an expert who supported his medical malpractice allegations. The court stated: R[...]

Baltimore City Settles Opioid Epidemic Claims Against Walgreens For $80 Million

December 13, 2024

On October 3, 2024, Baltimore City Mayor Brandon M. Scott and the City of Baltimore announced the terms of the settlement reached in September 2024 with Walgreens to resolve the City’s claims against the company for its role in fueling the opioid epidemic in Baltimore. Per the agreement, Walgr[...]

$1.5M Virginia Medical Malpractice Verdict For New Mother Who Bled To Death Due To Untreated Rare Blood Disorder

December 12, 2024

On March 28, 2024, after nine hours of jury deliberations, a Virginia medical malpractice jury returned its verdict in the amount of $1.5 million in favor of the family of a 41-year-old woman who died from a brain bleed due to a rare blood disorder, shortly after giving birth to her third child on A[...]

$14 Million Pennsylvania Medical Malpractice Verdict For Failed Intubation Leading To Death Of 4-Year-Old

December 11, 2024

On December 11, 2023, a Pennsylvania medical malpractice jury returned its verdict in the amount of $14 million for the death of a 4-year-old due to a botched intubation at the now closed Einstein Medical Center in Elkins Park. The jury reportedly held Children’s Hospital of Philadelphia (CHOP), t[...]

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