medical malpractice punitive damages Archives

Missouri Appellate Court Overturns Punitive Damages Award In Opioid-Prescribing Medical Malpractice Case

September 26, 2024

Gregory Frost (“Frost”) claimed he became addicted to opioids due to the negligence of PCRMC Medical Group, Inc., d/b/a Phelps Health Medical Group (“Medical Group”). A jury found that Frost incurred compensatory damages in the amount of $200,000, that comparative fault for said damages was [...]

Florida Appellate Court Allows Punitive Damages Claim In Medical Malpractice Case

July 31, 2024

Plaintiff Mark R. Mohan alleged in his Florida medical malpractice case that Karl M. Hagen, M.D. performed an appendectomy procedure on him to remove his inflamed appendix on May 8, 2011. When the hospital pathologist performed a perfunctory examination on the specimen, he discovered that the surgeo[...]

Alabama Supreme Court Affirms $10M Punitive Damages In Medical Malpractice Wrongful Death Case

October 19, 2023

The Supreme Court of Alabama, in its opinion released on August 4, 2023 in a medical malpractice wrongful death case in which the jury awarded punitive damages in the amount of $35 million that was subsequently reduced by the trial court to $10 million, stated: “In sum, given the degree of rep[...]

New Jersey Supreme Court Rules Summary Judgment Should Have Been Granted To Defendants For Punitive Damages Claim Regarding Use Of Power Morcellator

December 1, 2022

Summary Judgment Should Have Been Granted To For Damages Regarding Use Of Power Morcellator: Plaintiffs, the heirs and executor of the estate of Viviana Ruscitto, filed complaints seeking compensatory and punitive damages on numerous counts after Ruscitto’s death from leiomyosarcoma, a rare cancer[...]

Missouri Appellate Court Affirms $9.4M Orthopedic Surgery Malpractice Verdict

March 11, 2019

In its Opinion filed on February 26, 2019, the Missouri Court of Appeals Eastern District Division One (“Missouri Appellate Court”) affirmed a $9.4 million orthopedic surgery medical malpractice verdict. The Missouri medical malpractice jury had awarded the plaintiff $4,451,875 in compen[...]

$68M California Medical Malpractice Verdict Against Cardiac Surgeon Who Left Before Surgery Completed

April 7, 2018

A California medical malpractice jury returned its verdict against a cardiac surgeon in the amount of $12,390,000 in punitive damages on March 19, 2018, in addition to the $55,600,000 in compensatory damages that the California medical malpractice jury awarded to the plaintiff on March 1, 2018, due [...]

Montana Supreme Court Affirms Medical Malpractice Verdict Against Naturopathic Physician, Denies Punitive Damages

October 26, 2016

The Supreme Court of the State of Montana (“Montana Supreme Court”) published an opinion on October 11, 2016 in which it affirmed the Montana medical malpractice jury’s verdict for compensatory damages in favor of the plaintiff in a Montana medical malpractice case filed against a [...]

$17.6M Missouri Medical Malpractice Verdict For Opioid Abuse

July 22, 2016

After a one-week medical malpractice jury trial in St. Louis, Missouri that ended in a verdict for the plaintiffs on June 28, 2016, the jury awarded the plaintiff husband $1.4 million and the plaintiff wife $1.2 million against a physician and his employer, finding that they were negligent in prescr[...]

West Virginia Supreme Court Upholds Punitive Damages Award In Medical Malpractice Case

July 2, 2015

In its wide-ranging opinion filed on June 16, 2015, the Supreme Court of Appeals of West Virginia (“West Virginia Supreme Court”) upheld and affirmed a West Virginia medical malpractice jury’s verdict in favor of the plaintiff that included an award of punitive damages in the a[...]

Pennsylvania Medical Malpractice Battery Case

June 13, 2014

It is not often that a medical malpractice case alleges that a battery was committed by a medical provider due to the fact that the medical provider usually obtains the prior consent of the patient before performing particular medical procedure(s) on the patient (a “battery” may be defin[...]

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