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$9.9M Washington Medical Malpractice Settlement For Woman Who Developed Terminal Cervical Cancer While In Prison

April 10, 2024

The 42-year-old woman alleged in her Washington medical malpractice lawsuit: “Plaintiff Paula Gardner was an inmate. The DOC has ruined any opportunity Paula had to survive cervical cancer. Paula was taken into custody by the DOC in 2019. She had a history of abnormal pap tests that showed she[...]

Virginia Appellate Court Affirms $1.2M Medical Malpractice Verdict

April 9, 2024

The Court of Appeals of Virginia stated in its January 30, 2024 published opinion: “Following a four-day trial in this medical-malpractice case, the jury awarded Loretta Butts-Franklin $1,183,000 in damages against Tina C. Rodrigue, M.D., Chelsea Baker Smith, and Hampton Roads Neurosurgical As[...]

Indiana Appellate Court Reverses Medical Malpractice Defense Verdict, Holding Plaintiff Entitled To Evidentiary Hearing On Juror Misconduct Claim

April 8, 2024

The Court of Appeals of Indiana held in its opinion filed on January 31, 2024: “In this medical malpractice case, Amanda Ping (“Ping”) appeals following a jury verdict in favor of Margaret Inman, M.D. (“Dr. Inman”). Ping challenges the trial court’s denial of her motion to correct er[...]

Federal Appellate Court Rules PREP Act Did Not Provide Immunity In Medical Malpractice Case

April 7, 2024

The United States Court of Appeals for the Sixth Circuit (“Federal Appellate Court”) stated in its unpublished opinion filed on January 22, 2024: “When Dr. Joel Warren performed an endoscopy and biopsy on Lisa Goins, he was looking for an insulinoma—a tumor in her pancreas. He an[...]

$120M Michigan Birth Injury Medical Malpractice Verdict For Delayed C-Section Resulting In Severe Brain Damage

April 6, 2024

A Michigan birth injury medical malpractice jury returned its verdict on March 28, 2024 after a month-long trial in the amount of $120 million for a now 13-year-old who suffered catastrophic injuries as a result of the delay in performing a Cesarean section delivery that the plaintiff argued would h[...]

Indiana Supreme Court Clarifies What Needs To Be Stated In Medical Expert Affidavits In Medical Malpractice Cases

April 5, 2024

Background The issue on appeal was whether Indiana’s summary-judgment standard requires a medical expert to expressly state the applicable standard of care in his affidavit. Two prior appellate court decisions offered two possible answers: Oelling v. Rao, 593 N.E.2d 189 (Ind. 1992), said yes, but [...]

Trial Judge Reduces $261M “Take Care of Maya” Medical Malpractice Verdict By $47.5M

April 4, 2024

A Florida medical malpractice jury had awarded $261 million in November 2023 to the Kowalski family in compensatory and punitive damages against Johns Hopkins All Children’s Hospital following a two-month-long trial and five-and-a-half years of litigation, for battery, false imprisonment, frau[...]

Ohio Appellate Court Holds Medical Malpractice Attorney Should Not Have Been Sanctioned For Failure To File Affidavit Of Merit In Multiple Cases

April 3, 2024

Glenn D. Feagan, Esq., appealed the judgments of the Hamilton County Court of Common Pleas awarding sanctions against him under R.C. 2323.51 and Civ.R. 11 for failing to file a requisite affidavit of merit or a motion for extension with three respective medical-malpractice complaints. Civ.R. 10(D)(2[...]

$9.5M Medical Malpractice Settlement Involving Tripler Army Medical Center For Botched Gastric Bypass Surgery

April 2, 2024

In January 2024, the United States government announced that it has agreed to settle a medical malpractice claim involving an alleged botched gastric bypass surgery that a 31-year-old patient underwent in November 2020 at Tripler Army Medical Center in Honolulu, Hawaii. The surgeons who performed th[...]

Kentucky Supreme Court Rules Plaintiff Needed Expert Testimony To Prove Causation Where Hospital Employee Pushed His Wheelchair Into A Desk

April 1, 2024

The plaintiff had surgery on his left ankle to address issues with Complex Regional Pain Syndrome (CRPS) in that ankle. There were complications with the surgery when the drill bit shattered in his ankle bone. During a subsequent follow up appointment for an x-ray of his left ankle, a hospital staff[...]

Washington Supreme Court Establishes New Test For Legal Causation In Fear Of Disease Transmission Claims

March 31, 2024

Background A nurse employed by MultiCare Health System, Cora Weberg (Nurse Weberg), improperly diverted injectable narcotics for her own use. She infected some emergency department patients with hepatitis C and may have exposed manymore. MultiCare sent a letter to all 2,762 patients who received inj[...]

Minnesota Appellate Court Applies 60-Day Safe Harbor Period To Medical Malpractice Wrongful Death Case

March 30, 2024

In a Minnesota medical malpractice case decided by the Minnesota Court of Appeals on February 16, 2024, the Court held that Minn. Stat. § 573.02, subd. 1 (2022), does not require dismissal of a wrongful-death action based on medical malpractice when the expert-review affidavit is served after the w[...]

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