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The Legal Intelligencer

Pa. Judge Cites Plaintiffs' Counsel in Halving $19M Nursing Home Verdict

The case was filed on behalf of the estate of 70-year-old Patricia O'Donnell who allegedly died as a result of improper care at the nursing facility in which she lived.
4 minute read

Daily Report Online

Medical-Malpractice Plaintiff Seeking $9M Moves for New Trial After Gwinnett County Defeat

"We were truly shocked with the defense verdict. The trial went about as well as we could have hoped. We have a wonderful client, an excellent expert witness, and I thought we scored the points we needed to make in cross-examination of the defendant," plaintiff's attorney Robert Lamar said.
5 minute read

Daily Report Online

Atlanta Law Firm Missed Lawsuit Deadline and Settled Without Consent, Doctor's Suit Alleges

Ringgold physician Dr. Charles Adams is seeking what his lawyer said is "millions" in actual damages and $5 million in punitive damages.
4 minute read

Law.com

Tennessee Court Reinstates Some of Plaintiff's Med Mal Claims Due to Ongoing Treatment

"From our reading of Mr. Vandergriff's complaint, several of the alleged actions and inactions that constituted the purported medical malpractice in the present case occurred after [April 14]," the appeals judge wrote. "The statute of limitations does not serve as bar to his lawsuit as to those incidents because Mr. Vandergriff filed his lawsuit within a year of their occurrence."
4 minute read

The Legal Intelligencer

Jury Awards $14M Verdict in Plaintiffs' Second Bid to Try Wrongful Death Claims Against CHOP

CHOP had previously evaded liability in the case, over the death of a 4-year-old boy, when a 2020 trial ended in a nonsuit in its favor.
3 minute read

New Jersey Law Journal

Single AOM for Multiple Entities Results in Dismissal of Vicarious Liability Claim Before Appellate Division

"Here, it is not possible to identify any Alaris Health nurses who Kotz asserts were negligent because the AOM refers generally to the entire Alaris Health nursing staff over an extended period and indiscriminately combines the nursing staffs of two separate facilities," Judge Robert M. Vinci said.
4 minute read

Law.com

Washington High Court Says Law Limiting Medical Malpractice Claims to 8 Years Is Unconstitutional

"This decision is a win for the people of Washington, and hopefully will help inform the court's Article1, [Section] 12 analysis in other cases involving fundamental rights," Bailey told Law.com.
4 minute read

Daily Report Online

Georgia Doctor Claims COVID-19-Related Immunity in Appeal of Med-Mal Lawsuit

"[The defendant] is speciously trying to apply immunity for truly frontline workers to himself and trying to speciously apply Emory [Johns Creek Hospital]'s arbitration agreement for his conduct," plaintiff attorney Adam Malone said. "The trial court and appeals court rejected both of those arguments, [saying] they're not applicable to him."
7 minute read

New York Law Journal

$120M Medical Malpractice Verdict Said To Be Westchester's Largest

Rubinowitz represented a client who suffered irreversible brain damage as a result of what he said was a hospital's delay in diagnosing a basilar artery stroke.
3 minute read

New York Law Journal

Equitable Estoppel and Public Hospitals

When notice of a medical malpractice claim is not filed timely and the statute of limitations to bring a motion for permission to serve a late notice of claim expires, a court is not required to grant relief. The only avenue for a claimant who failed to file timely may be to argue the municipal defendant should be equitably estopped from seeking dismissal. The application of this doctrine to notices of claim and municipal hospitals is the subject of this article.
16 minute read

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