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Appellants' 'Intermixed Concepts' of Contributory Negligence, Failure to Mitigate Don't Succeed in $1.18M Med-Mal Appeal Attempt

"Defendants acknowledged at oral argument that the record does not tell us whether the alleged hand-soaking occurred before or after the sutures were removed. But if Butts-Franklin had soaked her hand after the sutures were removed, it 'c[ould not] be the basis for a mitigation of damages instruction' because she 'did not act contrary to the advice given,'" Justice Stuart A. Raphael wrote on behalf of the unanimous appellate panel.
6 minute read

The Legal Intelligencer

Pa. Appeals Court: $7M Settlement With Out-of-State Defendant Bars Plaintiff's Med Mal Suit

"The law is not very fleshed out or very clear, particularly in this unique case," the Killino Firm's Jeffrey Killino said.
4 minute read

Daily Report Online

VACATED: $13.7M Attorney Fees Award Nixed After 'Clerical Error'

"The court entered the order by mistake after the defendants had filed a notice of appeal of a prior order," said Michael Flint of McClure & Kornheiser in Atlanta.
3 minute read

The Legal Intelligencer

Judge Rejects Penn Hospital's Challenge to $182.7M Birth Injury Verdict, Tacks on $24.9M

"The defense is quick to point the accusatory finger of error to other trial participants, while failing to point inward to its own litigation strategy, strategic trial decisions, serious credibility issues, and waiver," Judge Bright wrote.
3 minute read

The Legal Intelligencer

Here's Why a Podiatrist Tendered His $1M Med Mal Policy After Day One of His Pa. Trial

"In this one, even with the conservative jurisdiction there was just no coming back from the loss of credibility in terms of lying about his credentials," Stampone O'Brien Dilsheimer Holloway partner Kevin O'Brien said.
3 minute read

Daily Report Online

AWARDED: $13.7M in Attorney Fees for Georgia Litigators

"The case has had a long and tortured journey through the appellate courts, but we have won at every turn," said lead plaintiff counsel William S. Stone of Stone Law Group in Atlanta and Blakely.
5 minute read

Daily Report Online

How Failure to Object Factored Into Ga. Appellate Decision to Uphold $10.1M Verdict

The defense asked the court to declare a mistrial because the plaintiff's counsel told the jury "to award a nuclear verdict." The Court of Appeals disagreed.
5 minute read

New York Law Journal

Res Ipsa Loquitur and Medical Malpractice Defense

When an unexplained injury occurs in an area remote from the operative field while a patient is anesthetized, the doctrine of res ipsa loquitur may support an inference and will be considered in whether a prima facie case has been established.
8 minute read

The Legal Intelligencer

Philadelphia's Med Mal Filings Hit 15-Year High in 2023

According to court data, Philadelphia saw a 33% surge in medical malpractice filings in 2023 compared to the 2017-19 average.
3 minute read

The Legal Intelligencer

There's a Break in Sight for Phila. Lawyers Grappling With Jam-Packed Med Mal Trial Schedules

The Philadelphia Court of Common Pleas' densely packed medical malpractice trial scheduling that took off last year is on track to calm down by the second half of 2024, according to Administrative Judge Daniel Anders.
5 minute read

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