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Judge Amanda Mercier ruled that a trial court has broad discretion to sanction lawyers who surprised opponents with a new expert witness the day before the trial…law.com, Surprise Defense Expert Frowned Upon in Ruling Affirming $6.4M Birth Injury Judgment, Katheryn Hayes Tucker, Mar, 2022
In a suit filed by lung-cancer patient Geraldine Ford against her former radiologist, the Appellate Division, First Department tossed out her malpractice and lack-of-informed-consent action., which has medical facts underlying it that in certain respects are similar to those in Lavern Wilkinson’s matter. The law was named after Wilkinson, who died in 2013…law.com, 1st Department: ‘Lavern’s Law’ Does Not Expand Limitations Period for Lung Cancer Patient, Jason Grant, Mar, 2022
Presiding Judge Stephen Dillard ruled that Emory Healthcare cannot force arbitration of a medical-malpractice case over an infant’s death. He explained why and spelled out how the hospital could have succeeded…law.com, Judges Rule Emory Healthcare Cannot Compel Arbitration for a Baby’s Med-Mal Case, Katheryn Hayes Tucker, Feb, 2022
The defendant argued that the district court should abstain because the three conditions under the ‘Pullman’ abstention are met. Judge Nancy Torresen granted the defendant’s motion to dismiss without prejudice, finding that ‘Pullman’ abstention is appropriate….law.com, Federal Judge Tosses Personal Injury Firm’s Challenge to Law Sealing MedMal Decisions, Allison Dunn, Feb 2022
The decision rejected arguments from the defense seeking to exclude from the delay damages several months when the courts in Pennsylvania were closed under emergency shutdown orders due to the COVID-19 pandemic…law.com, $1.8M in Delay Damages Added to $9.7M Med Mal Verdict, Rejecting Arguments Over Pandemic Court Closures, Max Mitchell, Feb 2022
More PCPs were part of lawsuits that named multiple parties (34%) than suits that named a individual practitioners (11%). Failure to make a proper diagnosis (41%) was the most common claim in malpractice suits against PCPs, followed by poor outcome/disease progression (26%), complications from treatment/surgery (17%), wrongful death (16%), and failure to treat/delayed treatment (16%)…mdedge.com, Marcus A. Banks, Feb 2022
A’rionne Cheves went to an ER, complaining of fever and chills, and was discharged with a diagnosis of viral syndrome. After 18 hours, she passed away and the autopsy revealed a rare and untreatable pulmonary condition….law.com, Jury Finds for Defense in Med-Mal Trial Over Teen’s Death Shortly After ER Visit, Greg Land, 2021
Plaintiff Michael Brassloff was awarded a $9.7 million verdict in the Philadelphia Court of Common Pleas in lieu of the long-term neurological injuries he suffered due to medical negligence in his brain surgery…law.com, Jury Awards $9.7M Verdict in Case Over Botched Brain Surgery, Aleeza Furman, 2021
A Florida jury has ruled that a cardiologist must pay more than $6 million to the family of a patient who died a few days after being discharged from the hospital…law.com, Florida Jury Awards $6M to Family Claiming Doctor Didn’t Treat Patient’s Failing Heart, ALM Staff, 2021
