States

May 2, 2023

Vermont Clergy Sex Abuse Lawsuit

Vermont has been an epicenter of clergy sex abuse, most notably with Roman Catholic Church. The Church has made great progress since the days of ignore and coverup but does not heal the scars.

Clergy sex abuse lawsuits against the Catholic Church began earnest in the early 2000s, following similar revelations in other parts of the United States. Survivors of abuse, many of whom had carried their burdens in silence for years, were inspired to heroically speak out. The Church was accused not only of harboring abusive clergy but also of systematically covering up their misconduct.

Sex abuse lawsuits in Vermont

May 1, 2023

New Iowa Certificate of Merit Appellate Opinion

by Ronald V. Miller, Jr.

The Iowa Supreme Court issued an interesting opinion Estate of Butterfield v. Chautauqua Guest Home, Inc. addresses Iowa’s five-year-old certificate of merit requirement in medical malpractice lawsuits.

April 25, 2023

Montana Birth Injury Supreme Court Opinion

by Ronald V. Miller, Jr.

In Kipfinger v. Great Falls Obstetrical & Gynecological Associates, the Montana Supreme Court reinstated a medical malpractice birth injury lawsuit against the remaining defendant, who had not yet settled the claim.

Facts

A pregnant woman arrived at Benefis Hospital in Great Falls, Montana, past her expected due date. An independent OB/GYN on call examined the patient’s prenatal records and found nothing significantly noteworthy. An attending nurse placed an electronic fetal heart rate monitor (EFM) on the woman’s abdomen, producing a fetal heart rate (FHR) record in relation to her contractions. This data can indicate whether the fetus is sufficiently oxygenated or at risk of hypoxic brain injury due to low oxygen supply.

April 23, 2023

Average Medical Malpractice Award in Oklahoma

by Ronald V. Miller, Jr.

Oklahoma’s average malpractice award payment is $230,787. The national average is $285,218. Other personal injury cases in Oklahoma are more reasonable. So what is the problem with malpractice cases?

There is no problem. There WAS a problem. Oklahoma Statutes Section 23-61.2 limits non-economic damages to an extremely harsh cap of $350,000. The Oklahoma Supreme Court wisely overturned this law. But cap – the expectation of it passing – and the uncertainty surrounding it has a chilling impact.

Malpractice Settlements and Verdicts in Oklahoma

April 22, 2023

Montana Personal Injury Law and Settlements

by Ronald V. Miller, Jr.

In this post, we will provide an overview of the law of personal injury in Montana. We will also provide summaries of recent jury verdicts and publicly reported settlements in Montana injury cases.

Montana 3-Year Statute of Limitations in Injury Cases

Like all states, Montana has a strict deadline for how long a plaintiff can wait before filing a civil lawsuit. This law is known as a statute of limitations. If the plaintiff does not file their case before the statute of limitations expires, they will lose their right to sue.

April 17, 2023

New Second Circuit Sex Abuse Opinion

by Ronald V. Miller, Jr.

The Second Circuit ruled today in Edwardo v. The Roman Catholic Bishop of Providence that sexual misconduct committed by a Catholic priest from another state during a work-related trip does not establish the jurisdiction of Rhode Island parish under New York law.

The case is about a man who was tragically sexually abused and exploited between 1978 and 1984, when they were 12 to 17 years old, by a now-deceased priest from Rhode Island. The plaintiff sued the Roman Catholic Bishop of Providence, a church corporation in North Providence, and a retired bishop for various torts based on the defendants’ alleged role in enabling the abuse. The U.S. District Court for the Southern District of New York dismissed the lawsuit for lack of personal jurisdiction, finding that New York’s long-arm statute did not permit the court to exercise personal jurisdiction over the defendants. The plaintiff appealed to the Second Circuit.

Why sue in New York in the first place? New York had a window that allowed sexual abuse claims that Rhode Island did not. Rhode Island extended its civil statute of limitations in 2019 for child sexual abuse cases. Under the new law, victims generally have until they reach the age of 53 to file a lawsuit against their abuser or the institution that enabled the abuse. This is a significant extension from the previous limit, which allowed victims only up to 7 years after turning 18 to file a lawsuit. It is unclear how the timing of this played out for this case but the case was originally filed in Rhode Island and dismissed as time-barred. So New York was the only option plaintiffs had and that mean hoping New York would assert jurisdiction.

April 7, 2023

Sample Minnesota Birth Injury Lawsuit

by Ronald V. Miller, Jr.

Below is an example of a Minnesota birth injury lawsuit, which outlines the facts of the case, the allegations of negligence, and the causes of action against the defendant in a shoulder dystocia birth injury claim.

Birth Injury Lawsuit

IN THE DISTRICT COURT COUNTY OF HENNEPIN, STATE OF MINNESOTA

April 7, 2023

Massachusetts Hospital Malpractice Verdicts and Settlements

by Ronald V. Miller, Jr.

Let’s take a look at hospital malpractice verdicts and settlements in Massachusetts in recent years. I’m writing this on March 31, 2021 so we do not have a ton in recent years.

Why? Hospitals in Massachusetts — or anywhere — are usually not racing to the courthouse steps to try cases. They have too much in PR and goodwill to risk a loss so they settle the good cases they could lose.

$2,750,000 Verdict (Massachusetts 2019): A man underwent a coccygectomy at Massachusetts General Hospital. Following the procedure, he suffered a wound infection. The man subsequently developed osteomyelitis, recurring anal fistulas, pudendal neuralgia, sexual dysfunction, and rectal and urological problems. He alleged that the surgeon’s negligence caused these permanent injuries. The man claimed he failed to recognize infection signs, order additional testing, and provide follow-up monitoring. He also made a vicarious liability claim against MGH. The defense denied liability. A Boston jury awarded $2,750,000.

April 5, 2023

Minnesota Birth Injury Medical Malpractice Lawsuits

by Ronald V. Miller, Jr.

Our law firm handles birth injury cases all over the country. We recently picked up a new case in Minnesota. I think we can really help this child and this family.

In every state, we research the law and talk to local counsel. When our lawyers take a Minnesota birth injury case, we hire local lawyers in Minnesota to help. Does that cost the client more? It does not. It comes out of our fee when the case settles. So families get two lawyers for the price of one.

I thought it would be a good idea to publish our research. If others had put their research online, it would have made our job a lot easier.

April 5, 2023

Jet Ski Settlements and Verdicts

by Ronald V. Miller, Jr.

Here are some results in jet ski cases around the country.

Boat accident settlement amounts

Jet Ski Verdicts and Settlements