Last week, in Siebert v. Okun, the New Mexico Supreme Court ruled that the state’s damages cap in medical malpractice cases was constitutional, concluding the law did not violate the right to a trial by jury. This ruling struck down the Bernalillo County District Court’s 2018 ruling on Siebert v.…
Earlier this year in Winter v. Gardens Regional Hospital, the 9th Circuit Court of Appeals revived a False Claims Act case filed by the Director of Care Management in a California hospital that claimed nearly $1.3 in Medicare claims that sought reimbursement for inpatient hospitalizations that were not medically necessary.…
In Georges v. Ob-Gyn Servs., P.C. the defendants, a midwife, and a medical practice, unsuccessfully attempted to overturn and $1.6 million in interest that accumulated as the result of the defendants’ refusal to accept an offer of compromise after a $4.2 million jury award. Facts of Georges v. Ob-Gyn Servs.…
In October, an $8.9 million birth injury malpractice payout was awarded against a Minnesota midwife. This case underscores the danger of failing to accurately estimate the fetal size and weight before delivery. This post looks at this Minnesota birth injury lawsuit and provides sample fetal macrosomia settlement amounts and jury…
In February 2019, New York Governor Andrew Cuomo signed Child Victims Act into law. It extends the statute of limitations for victims of child abuse. Child sex abuse victims are now allowed to file criminal charges against their abuser before they turn 28. Victims are allowed to file civil charges…
In Oakland County, Michigan, a jury awarded a $130 million settlement on behalf of a boy suffering from cerebral palsy. The jury found two medical technicians liable for causing the child’s severe and permanent brain damage that resulted in cerebral palsy. The $130 million incident was one of the largest…
This post is about a significant verdict in Georgia after an awful circumcision mishap caused a boy severe and permanent injuries. In this post, I talk about this tragic case and take a deep dive into the statute of limitations in Georgia in birth injury cases. The Big Verdict A…
The average verdict in a personal injury case in Minnesota is $271,577. The national average is $885,600. Does this mean Minnesota juries are not sympathetic to personal injury victims? I think it might, actually. In fact, I think the statistics might actually underestimate how stingy Minnesota juries can be. Why?…
Statutes of limitations can be very unfair. But as harsh as the SOL can be, a statute of repose can far more Draconian, closing the courthouse steps on cases where the victims did everything they could to bring a timely action. What is a statute of repose? It is amazing…
Here’s an interesting case that I saw looking at settlements and verdicts last night. A woman is in a nail salon in Baltimore to have her acrylic fingernails removed.nShe goes back to a table. Basically, to get acrylic nails off, you use acetone. You place a bowl in a larger…