VERDICT: Defense, hospital negligence, claimed PTSD, increased pseudo seizures, and other associated symptoms following anxiety attack in MRI machine. [Read more…]
Med-mal, ACDF surgery, hoarseness, swallowing, expert
MEDICAL MALPRACTICE: JML on informed consent properly granted for lack of expert testimony on standard for advising of possible long-term hoarseness and swallowing difficulty from ACDF surgery… Harada affirmed (memorandum). [Read more…]
Nursing home malpractice, COVID-based death claims
NURSING HOME MALPRACTICE: Nursing home not immune from COVID-based claims of estates of deceased patients under Public Readiness & Emergency Preparedness Act, motion to dismiss denied… Cavan/Watters. [Read more…]
Defense verdict, urinary incontinence surgery
VERDICT: Defense, embolic stroke following surgery for urinary incontinence, informed consent as to use of daVinci robot. [Read more…]
Directed verdict, med-mal, lasting hoarseness
DIRECTED VERDICT for med-mal Defendant, lasting vocal hoarseness & difficulty swallowing following cervical surgery… Harada. [Read more…]
Work comp, psychiatric IME, anxiety/insomnia
WORK COMP: §605 psychiatric exam properly denied because nothing suggests that anxiety/insomnia complaints are causally related to accepted leg claim (although Rule 35 “good cause” incorrectly imputed to §605 “relevant”/”appropriate”)… insurer not obligated to pay for exam/treatment of anxiety/insomnia before obtaining a §605 exam… Sandler affirmed (other grounds), reversed. [Read more…]
Defense verdict, med-mal, pulmonary embolism
VERDICT: Defense, medical malpractice, pulmonary embolism from failure to prescribe anti-coagulant after spine surgery. [Read more…]
Forum non conveniens, WDA, Ohio corporation
FORUM NON CONVENIENS: Ohio properly found more convenient for termination claims of controller of Ohio corporation… amendment to replace wrongful discharge and NIED with new claims on remand from Supreme Court ruling properly denied… Kutzman affirmed. [Read more…]
Fact issues as to injury occurrence
Fact issues preclude summary judgment of no work-related injury… Sandler. [Read more…]
Last injurious asbestos exposure
Interrogatory statement that Petitioner had “significant asbestos exposure” while working for 3rd employer (Libby) insufficient to support summary judgment for 2nd employer (Lincoln Co.)… Sandler. [Read more…]
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