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Massachusetts Lawsuit Alleges Fertility Doctor Surreptitiously Used His Own Sperm To Inseminate Patient 40 Years Ago

February 22, 2024

A federal lawsuit filed in December 2023 in the United States District Court District of Massachusetts alleges, in part: Ms. Depoian and her husband saw Dr. Berger in 1980 for assistance conceiving a child. Because Ms. Depoian’s husband’s sperm could not be used, Dr. Berger promised to perform a[...]

Alabama Supreme Court Holds Wrongful Death of A Minor Act Applies To Frozen Embryos

February 21, 2024

The Supreme Court of Alabama held in its February 16, 2024 opinion: “This Court has long held that unborn children are “children” for purposes of Alabama’s Wrongful Death of a Minor Act, § 6-5-391, Ala. Code 1975, a statute that allows parents of a deceased child to recover [...]

Indiana Appellate Court Affirms Medical Malpractice Defense Verdict Where Medical Review Panel Members Changed Their Minds

February 20, 2024

An Indiana man brought an Indiana medical malpractice claim against a doctor whom he alleged failed to properly treat his toe infection, ultimately leading to a below the knee amputation. As required in Indiana medical malpractice cases, he filed a proposed complaint for medical malpractice with the[...]

$5.29M Arizona Medical Malpractice Verdict For Woman Who Required Arm Amputation After Shoulder Surgery

February 19, 2024

An Arizona medical malpractice jury awarded Plaintiff Sharon King $5.29 million in early December 2023. after a week-long trial, that her Arizona medical malpractice attorney described as “the largest medical malpractice verdict in Pima County [Arizona] in the last five years.” King[...]

San Francisco Pain Management Doctor And His Mother-In-Law Charged With Multiple Counts Of Medical Provider Fraud

February 18, 2024

On December 7, 2023, the San Francisco District Attorney announced that Dr. Gary Martinovsky (51) of San Francisco, his office assistant and mother-in-law, Raisa Rikoshinsky (68) of San Bruno, and one of the businesses he owns, Integrated Pain Care (IPC), have been criminally charged with [...]

Ex-Baseball Player’s Florida Medical Malpractice Lawsuit Not Subject To Arbitration

February 17, 2024

Christopher Costello was a professional baseball player who played for two Florida-based minor league affiliates of theMinnesota Twins (the “Twins”). In March 2019, the Twins arranged for Costello to undergo a medical evaluation in Ft. Myers to determine if he was medically fit to participate in[...]

$480,000 Settlement For Phishing Attack That Exposed Medical Records Of 34,862 Patients

February 16, 2024

On December 7, 2023, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR), announced a settlement with Lafourche Medical Group, a Louisiana medical group specializing in emergency medicine, occupational medicine, and laboratory testing. The settlement resolves an inv[...]

86% Of New York Mental Health Providers Are “Ghost” Providers

February 15, 2024

The New York Attorney General Office issued a report on December 7, 2023 entitled “Inaccurate and inadequate:Health plans’ mental health provider network directories” that stated: “Of the total 396 [mental health] providers called across all plans, callers were offered appointmen[...]

North Carolina Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement Where No Proof Resident Signed The Agreement

February 14, 2024

On December 28, 2021, the plaintiff was admitted to Autumn Care of Cornelius (“Autumn Care”), a nursing facility operated by the defendants, following a health incident. The plaintiff remained a resident of the defendants’ facility until March 18, 2022. During her time at Autumn Care, the plai[...]

Washington Supreme Court Holds 8-Year Statute Of Repose Unconstitutional In Medical Malpractice Cases

February 13, 2024

The Supreme Court of the State of Washington (“Washington Supreme Court”) stated in its En Banc opinion filed on December 7, 2023: “we reaffirm the legislature’s broad authority to set time limits for commencing an action. We also recognize that when exercising this authority, th[...]

West Virginia Supreme Court Holds Voluntarily Dismissed Healthcare Providers In Medical Malpractice Case Still Considered Parties For Apportionate Purposes

February 12, 2024

The Supreme Court of Appeals of West Virginia (“West Virginia Supreme Court”) stated in its November 8, 2023 opinion: “By certified question, this Court is asked whether parties who are dismissed from an action brought under the Medical Professional Liability Act (MPLA), but who di[...]

North Carolina Medical Malpractice Lawsuit Alleges Hospital Negligence After Patient’s Surgery Led To Her Death

February 11, 2024

A North Carolina medical malpractice lawsuit filed on November 27, 2023 alleges that the medical staff at Defendant MH Mission Hospital in Ashville, North Carolina failed to provide appropriate care for a patient who underwent an anetrior cervical disectomy, fusion, and removal of anterior cervical [...]

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