SETTLEMENT: $475,000, jail suicide… settlement by County’s insurer over County’s objection. [Read more…]
Med-mal damage cap constitutionality, $6 million verdict
MED-MAL DAMAGE CAP constitutional challenge rejected based on Meech, $6 million verdict for failure to timely prescribe “clot-buster” for stroke patient reduced to “nowhere close enough” $250,000… Kutzman. [Read more…]
$6 million verdict, med-mal, stroke
VERDICT: $6 million, med-mal, failure to timely prescribe tPA “clot-buster” for stroke patient. [Read more…]
Hospital negligence, testicle torsion following surgery
HOSPITAL NEGLIGENCE: Claim against hospital that testicle torsion following surgery and loss of testicle resulted from failure to make ultrasound available to non-employee surgeon properly found time-barred… Dayton affirmed. [Read more…]
Medical malpractice, non-surgical spine expert
MEDICAL MALPRACTICE: Non-surgical spine physician not qualified to opine about standard for spinal fusions. . . Souza affirmed. [Read more…]
Podiatrist malpractice, defense verdict
PODIATRIST MALPRACTICE: Any error in not instructing on loss of chance was harmless as jury found no negligence, did not consider causation. . . no abuse of discretion in prohibiting Plaintiffs from asking treating physician if Defendant breached standard or by limiting impeachment on redirect (offer of proof following verdict is too late). . . new trial properly denied based on Defense counsel’s alleged misconduct including inappropriate sarcasm. . . defense verdict affirmed. . . Krueger affirmed. [Read more…]
Defense verdict, med-mal, screw into hip joint
VERDICT: Defense, med-mal, claim that timely lateral view x-rays in post-operative period following hip pinning would have revealed a screw penetrating into hip joint sooner, obviating need for hip replacement. [Read more…]
Defense verdict, podiatrist, foot cancer death
VERDICT: Defense, podiatrist malpractice, cancer death, delayed diagnosis of foot cyst. [Read more…]
Defense verdict, med-mal, ER evaluation, death
VERDICT: Defense, med-mal, claim that Defendant improperly evaluated & treated Plaintiff in ER, causing heart attack death 7 weeks later. [Read more…]
Medical malpractice, admitted liability medicals
MEDICAL MALPRACTICE: Summary judgment in amount of $752,723.62 medical bills incurred for admitted liability bile duct severance, consistent with Rule 56 and Ridley, over contention that Plaintiffs can recover only $233,736.30 paid by Medicare and Medicaid… summary judgment for $76,723 undisputed home care, disputed amounts may be resolved at trial… pre-judgment interest on summary judgment amounts… Manley. [Read more…]