Lawsuit Information Center

June 1, 2023

The Pivotal First AFFF Bellwether Trial

Next week, the pivotal first bellwether test trial is set to begin in the massive class action MDL over the personal and environmental harm caused by PFAS “forever chemicals” in AFFF firefighting foam. The firefighting foam MDL now has over 4,000 plaintiffs with pending cases. Now, after years of consolidated discovery and buildup, the test case is finally ready to be presented to a jury in a federal courtroom in South Carolina.

The case selected for this initial bellwether trial is the City of Stuart v. 3M Co. et al. (2:18-cv-03487). The outcome of the trial in the City of Stuart case will have a massive impact on the future course of the litigation. It will be the first time a jury will decide the scientific evidentiary battle that has been waged between the plaintiffs and defendants such as DuPont and 3M.

If the jury resolves this debate in favor of the plaintiff and awards a significant verdict, it could prompt a multi-billion-dollar settlement involving dozens of major companies. It could also set the stage for future cases involving similar tort claims by local municipalities based on environmental contamination.

May 30, 2023

Massachusetts Appellate Decision on Malpractice Rules

by Ronald V. Miller, Jr.

Last week, the intermediate-level appeals court of Massachusetts reestablished a lawsuit accusing a hospital’s staff of causing a post-surgery patient to fall and break her hip. In Owens v. Erazo (22-P-1204), the appeals court disagreed with a medical malpractice tribunal that had categorized the incident as simply an “unfortunate medical result.”

A panel of three Appeals Court judges reversed a Suffolk County judge’s decision to dismiss a lawsuit. The suit alleges that a nurse and physical therapist, employed by Brigham & Women’s Faulkner Hospital, failed in their duty to accurately assess the fall risks for a patient. This alleged failure led to the patient falling and fracturing her hip after undergoing hip surgery.

Ms. Owens, the plaintiff, had been hospitalized after undergoing hip surgery, during which she experienced an injury. As a result, she instigated a medical malpractice lawsuit against Erazo (R.N.), Agustin (P.C.A.), O’Hara (P.T.), and Brigham & Women’s Faulkner Hospital. The defendants, Erazo and O’Hara, subsequently put forth requests for a medical malpractice tribunal, as described in G. L. c. 231, § 60B.

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

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.