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Tag: wrongful death damages

Michigan Appellate Court Holds Loss Of Services Claim Viable Under Wrongful Death Act

October 28, 2026

On May 9, 2016, Kathleen Machelski visited Dr. Subbarao Chavali to help manage her atrial fibrillation, and Dr. Chavali prescribed her Coumadin therapy. Machelski had a high level of Coumadin in her system after several months of treatment, and plaintiff alleged that the high level of Coumadin resul[...]

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Michigan Appellate Court Rules Loss-Of-Services Claim Allowed Under Wrongful Death Act

September 27, 2025

Plaintiff, the personal representative of the Estate of Kenneth Pionk, III, brought a medical-malpractice action alleging that defendants’ negligence caused Kenneth Pionk, III, to die a few days after he was born. Plaintiff claimed, in relevant part, that Pionk’s death caused her to suffer l[...]

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Georgia Supreme Court Dodges Deciding Constitutionality Of Caps On Wrongful Death Damages

August 22, 2025

After Allen Turner died from surgical complications, his daughter, Norkesia Turner (“Turner”), sued Drs. William Thompson and Heather Nolan, as well as their employer, the Medical Center of Central Georgia, Inc.(collectively, “MCCG”), for medical malpractice and wrongful death. The action pr[...]

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Illinois Supreme Court Holds Wrongful Death Beneficiary May Recover Loss Of Material Services Damages After Remarriage

November 16, 2024

The Supreme Court of the State of Illinois held in its September 19, 2024 Opinion: “in a claim under the [Wrongful Death] Act, a plaintiff’s remarriage does not affect the damages recoverable for the loss of a decedent’s material services. We therefore affirm judgment of the appellate cour[...]

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Florida Appellate Court Overturns Portion Of Medical Malpractice Wrongful Death Verdict For Period After Decedent’s Life Expectancy

June 10, 2022

A Florida medical malpractice wrongful death lawsuit alleged that the defendant physician performed an unnecessary medical procedure that led to the patient’s death. The Florida medical malpractice wrongful death jury awarded $4,086,004.46, which included $1,000,000 in non-economic damages for[...]

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Pennsylvania Appellate Court Overturns $10M Jury Award For Loss Of Society And Comfort

May 29, 2020

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) held in its Memorandum Opinion dated April 9, 2020 in a medical malpractice wrongful death lawsuit brought by the husband of the decedent, “Based on the trial court’s failure to examine the evidence in this case [...]

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Missouri Supreme Court Upholds Cap On Noneconomic Damages In Wrongful Death Claims

April 23, 2016

In its opinion filed on April 19, 2016, the Supreme Court of Missouri (“Missouri Supreme Court”) upheld a constitutional challenge to Missouri’s cap on noneconomic damages in wrongful death claims, holding that the statutory limit does not violate the state constitutional right to [...]

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