Lawsuit Information Center

May 24, 2023

New Jersey Lab Error Dismissal Reversed

In Cenni v. Laboratory Corp., a New Jersey appellate decision that came down yesterday takes an interesting look at a lab error lawsuit against Quest and Lab Corp and how the discovery rule and the fictitious party rule work in New Jersey.

Facts of Cenni v. Lab Corp

The plaintiff filed a misdiagnosis against LabCorp, alleging it inaccurately interpreted the plaintiff’s annual Pap smear slides, a critical component of cervical cytology exams. The plaintiff argued that due to this error, her cervical cancer diagnosis for years, by which time the cancer had already progressed to stage four.

May 17, 2023

Delaware Malpractice: Vicarious Liability Against Staffing Agency

by Ronald V. Miller, Jr.

In a recent malpractice opinion in Acree v. Bayhealth Med. Ctr., a Delaware Superior Court provides a ruling of interest to any Delaware medical malpractice lawyer looking to find more deep pockets that are vicariously liable for a health care provider’s care. In this case, the focus is on a staffing agency that provided an orthopedic surgeon to a hospital.

Facts of Acree v. Bayhealth Med. Ctr.

An orthopedic surgeon performed an arthroscopic procedure on a patient’s right knee at a medical center owned by Bayhealth. Complications and a post-operative infection arose after the surgery, which, the patient alleges, will necessitate a total knee replacement.

May 14, 2023

Asbestos Companies and the Corporate Cover-Up

by Ronald V. Miller, Jr.

Today, asbestos is universally recognized as a highly toxic substance. But just a few decades ago, asbestos was one of the most widely used materials in the U.S. It was used as a building material and the base ingredient for thousands of products. Sadly, this proliferation of asbestos resulted in the biggest man-made epidemic in history which claimed countless lives.

The scale of the human tragedy caused by asbestos could have been significantly reduced if the companies that mined and sold asbestos and asbestos-based products had not denied and concealed the true danger of asbestos from the American public.

If you or someone in your family has been impacted by asbestos-related diseases such as mesothelioma, you can get financial compensation from these companies by filing an asbestos lawsuit. Contact our asbestos lawyers today.

May 4, 2023

SSRI Malpractice Lawsuit Appellate Opinion in Idaho

by Ronald V. Miller, Jr.

In a new Idaho Supreme Court case, the court issued an important ruling in a medical malpractice case as to whether a section of the Idaho Tort Claims Act (ITCA) shields the state and its employees from liability. The case also gives us a good look into SSRI malpractice lawsuits in 2024.

- Example Idaho settlement amounts and jury payouts

Facts of Mattison v. Idaho Department of Health and Welfare

May 2, 2023

Vermont Clergy Sex Abuse Lawsuit

by Ronald V. Miller, Jr.

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

Nursing Home Arbitration Agreements in Kentucky

by Ronald V. Miller, Jr.

Are wrongful death beneficiaries bound by an arbitration agreement when bringing a wrongful death claim? This issue has been batted around now in so many jurisdictions. Today, it was Kentucky’s turn.

Facts of Greenville Nursing and Rehabilitation, LLC et al v. Majors

The facts of Greenville Nursing and Rehabilitation, LLC et al v. Majors are simple. A son takes his mother to a nursing home in Greenville, Kentucky, owned and operated by the plaintiffs, both out-of-state companies. Before admission, the district court appointed the son as the woman’s guardian, granting him limited power to agree to contracts and execute instruments on her behalf.

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

New Georgia Supreme Court Opinion on Wrongful Death Statute

by Ronald V. Miller, Jr.

In Hamon v. Connell, the Georgia Supreme Court was presented with an interesting question: can an adult child bring a wrongful death lawsuit if the widow refuses to bring a claim?

Facts of Hamon v. Connell

The petitioner is the only surviving child of the decedent. She brought a medical malpractice lawsuit alleging she is entitled to compensation for the wrongful death of her father under O.C.G.A 51-4-2, the Georgia wrongful death statute. Her father was married at the time of his death but had been separated and estranged from his spouse. The estranged spouse did not file a wrongful death claim on behalf of her husband due to their separation, which prevented the petitioner from accessing the court to file her claim. Therefore, the petitioner had to bring the claim herself to prevent it from being time-barred by the two-year statute of limitations.

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