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Federal Appellate Court Affirms EMTs Entitled To Qualified Immunity From Lawsuit Alleging Failure To Stabilize Patient’s Spine

November 18, 2023

Gary Schauer suffered a neck injury during an altercation outside a tavern in Ponca City, Oklahoma. When emergency medical technicians (“EMTs”) employed by Ponca City arrived on the scene, Schauer told them he could not move his left arm or his legs. The EMTs loaded Schauer into an ambulance wit[...]

$6.5 Million Lyme Disease Medical Malpractice Verdict

November 17, 2023

Earlier this year, a Maine medical malpractice jury returned its verdict against a local hospital and in favor of a 25-year-old man whose Lyme disease was not timely diagnosed or treated, leading to Lyme carditis and to his death eight days after his Lyme disease was finally diagnosed. The man had g[...]

New Jersey Appellate Court Affirms Dermatologist Not Qualified To Testify To Standard Of Care Of Internal Medicine Physician In Medical Malpractice Case

November 16, 2023

The New Jersey Medical Care Access and Responsibility and Patients First Act (PFA), N.J.S.A. 2A:53A-37 to -42, provides that for New Jersey medical malpractice cases involving a defendant doctor who practiced and rendered treatment within a recognized specialty: “If the party against whom or o[...]

Ohio Appellate Court Affirms Defense Verdict In Liposuction Medical Malpractice Case

November 15, 2023

In March 2019, James Calloway met with Dr. Brarens, a podiatrist, to discuss pain that he was having in his foot and ankle. In April 2019, James decided to have foot surgery, which was scheduled for May 30, 2019. On May 29, 2019, James met with Dr. Peter McKenna, a plastic surgeon at CIPS, to [&hell[...]

Massachusetts Appellate Court Enforces Medical Malpractice Arbitration Agreement Despite Language Barrier

November 14, 2023

Carlos E. Lopez Rivera (“Lopez”) underwent eye surgery performed by the defendant eye surgeon, Steven W. Stetson (“Stetson”). Prior to surgery, Lopez signed a form agreeing to submit any disputes regarding the surgery to arbitration. Dissatisfied with the surgery, Lopez filed[...]

$981,000 Massachusetts Verdict For Botched Breast Reduction Surgery

November 13, 2023

On June 5, 2023, a Massachusetts medical malpractice jury returned its verdict in the amount of $981,000 (including $21,000 in special damages) for botched breast reduction surgery, and subsequent revision surgery, that left the plaintiff with nipples that were too high and therefore were exposed wh[...]

Wisconsin Lawsuit Alleges Part Of Drain Knowingly Left In Surgical Patient

November 12, 2023

On August 31, 2023, a Wisconsin medical malpractice lawsuit was filed in which the plaintiff alleges: Nestor Vega (“VEGA”) was involved in a motor vehicle collision on July 24, 2020. On that same day, VEGA presented to Froedtert Memorial Lutheran Hospital, Inc. (“FROEDTERT”) and the evaluati[...]

$261 Million Total Verdict Against Johns Hopkins All Children’s Hospital In “Take Care Of Maya” Lawsuit

November 11, 2023

A St. Petersburg, Florida jury deliberated for sixteen hours over a period of three days after an eight-week trial before returning a verdict on November 9, 2023 for compensatory damages in the amount of $211,451,174, followed by an additional jury verdict in the amount of $50 million in punitive da[...]

New Jersey Appellate Court Rules No Affidavit Of Merit Necessary For Failure To Report Suspected Child Abuse By Physician Claim

November 10, 2023

The issue decided by the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) in its August 31, 2023 Per Curium opinion was whether an affidavit of merit must be served on a defendant, who as a physician is a “licensed person” within the meaning of t[...]

Illinois Appellate Court Rules Expert Testimony May Not Be Required To Establish Pain And Suffering In Medical Malpractice Claims

November 9, 2023

Dr. LaSpisa, an oral surgeon, extracted several of Nicole Thompson’s teeth. She subsequently developed an infection that was not diagnosed or treated for two days. She developed painful cellulitis and was hospitalized for IV antibiotic treatment. She was discharged from the hospital after five[...]

$29M Settlement For Overbilling Medicare For Oxygen Equipment

November 8, 2023

The United States Attorney for the Eastern District of Washington announced on August 29, 2023 that Lincare Holdings, Inc., a Florida-based, wholly-owned subsidiary of German multinational chemical corporation Linde plc, has agreed to pay $29 million and perform extensive corrective actions to resol[...]

New York Sues Owners/Operators Of Four Nursing Homes For Financial Fraud/Resident Neglect

November 7, 2023

The New York Attorney General announced on June 28, 2023 a lawsuit filed against the owners, operators, and landlords of four nursing homes. The lawsuit alleges years of repeated and persistent fraud and illegally misusing more than $83 million in taxpayer money that resulted in significant resident[...]

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