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Texas Appellate Court Rules Nurse’s Claim He Was Subjected To Offensive Conduct While Under Anesthesia Is Medical Malpractice Claim

The Court of Appeals Sixth Appellate District of Texas at Texarkana ("Texas Appellate Court") held in its Memorandum Opinion filed on September 3, 2021 that the plaintiff nurse employee of the defendant hospital, who sued ...
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$8.2M Verdict Against 3M Company For Defective Combat Earplugs

On October 1, 2021, a federal jury in Pensacola, Florida found 3M Company and its subsidiary Aearo Technologies LLC liable for a former service member's hearing loss and tinnitus, and awarded the plaintiff $8.2 million in ...
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Ohio Supreme Court Overturns Medical Malpractice Defense Verdict Because Its Expert Wasn’t Qualified

In its slip opinion dated September 22, 2021, the Ohio Supreme Court overturned a defense verdict in a medical malpractice case because the defense medical expert was not qualified to provide testimony in the case ...
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Mississippi Pharmacist And Louisiana Marketer Plead Guilty In $180M Health Care Fraud Scheme

The U.S. Department of Justice announced that a Mississippi pharmacist and a Louisiana marketer pleaded guilty in August 2021 in the Southern District of Mississippi for their roles in a multi-million-dollar scheme to defraud TRICARE ...
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Pennsylvania Medical Malpractice Lawsuit Alleges Cancer Misdiagnosis Led To Unnecessary Prostate Removal Surgery

A Pennsylvania man has filed a medical malpractice lawsuit alleging that a mix-up in the preparation and reading of slides from his prostate biopsy caused him to be misdiagnosed as having cancer. He alleges that ...
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138 Defendants Charged With Over $1.4B In Health Care Fraud

The U.S. Department of Justice announced on September 17, 2021 criminal charges against 138 defendants, including 42 doctors, nurses, and other licensed medical professionals, in 31 federal districts across the United States for their alleged ...
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D.C. Appellate Court Affirms Dismissal Of Medical Malpractice Case Not Disclosed In Bankruptcy Proceeding

The District of Columbia Court of Appeals ("D.C. Appellate Court") held in its opinion dated September 16, 2021: "the invocation of the doctrine of judicial estoppel arose from appellants’ failure to disclose their malpractice claim ...
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Vermont Supreme Court Affirms Dismissal Of Inmate’s Suicide Claim

The Vermont Supreme Court affirmed the dismissal of a Vermont lawsuit arising out of the suicide of an inmate in the custody of the Vermont Department of Corrections, holding: "It is undisputed that plaintiff failed ...
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Florida Appellate Court Refuses To Apply Prohibitive Cost Defense In Ordering Nursing Home Arbitration

In its opinion filed on August 23, 2021, the First District Court of Appeal State of Florida ("Florida Appellate Court") stated, "we affirm the trial court’s order compelling the parties to proceed with arbitration. Further, ...
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Indiana Appellate Court Affirms Hospital Not Entitled To Summary Judgment For Surgeon’s Botched Gallbladder Surgery

The Court of Appeals of Indiana ("Indiana Appellate Court") held in its Memorandum Decision dated September 15, 2021: "The record in this case, unlike that in Hiland, contains evidence that the patient believed the surgeon ...
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