Lawsuit Information Center

April 25, 2023

Montana Birth Injury Supreme Court Opinion

In Kipfinger v. Great Falls Obstetrical & Gynecological Associates, the Montana Supreme Court reinstated a medical malpractice birth injury lawsuit against the remaining defendant, who had not yet settled the claim.

Facts

A pregnant woman arrived at Benefis Hospital in Great Falls, Montana, past her expected due date. An independent OB/GYN on call examined the patient’s prenatal records and found nothing significantly noteworthy. An attending nurse placed an electronic fetal heart rate monitor (EFM) on the woman’s abdomen, producing a fetal heart rate (FHR) record in relation to her contractions. This data can indicate whether the fetus is sufficiently oxygenated or at risk of hypoxic brain injury due to low oxygen supply.

April 23, 2023

Average Medical Malpractice Award in Oklahoma

by Ronald V. Miller, Jr.

Oklahoma’s average malpractice award payment is $230,787. The national average is $285,218. Other personal injury cases in Oklahoma are more reasonable. So what is the problem with malpractice cases?

There is no problem. There WAS a problem. Oklahoma Statutes Section 23-61.2 limits non-economic damages to an extremely harsh cap of $350,000. The Oklahoma Supreme Court wisely overturned this law. But cap – the expectation of it passing – and the uncertainty surrounding it has a chilling impact.

Malpractice Settlements and Verdicts in Oklahoma

April 22, 2023

Montana Personal Injury Law and Settlements

by Ronald V. Miller, Jr.

In this post, we will provide an overview of the law of personal injury in Montana. We will also provide summaries of recent jury verdicts and publicly reported settlements in Montana injury cases.

Montana 3-Year Statute of Limitations in Injury Cases

Like all states, Montana has a strict deadline for how long a plaintiff can wait before filing a civil lawsuit. This law is known as a statute of limitations. If the plaintiff does not file their case before the statute of limitations expires, they will lose their right to sue.

April 20, 2023

Montana Informed Consent Law

by Ronald V. Miller, Jr.

In an unreported opinion last month, the Supreme Court of Montana decided an appeal of an order granting a motion for judgment as a matter of law in favor of a doctor in Yellowstone County. The court found that the patient failed to present expert testimony that the doctor breached the standard of care in obtaining informed consent before performing surgery.

Montana Supreme Court’s ruling in a birth injury case in 2023

Facts of Greene v. McDowell

April 17, 2023

New Second Circuit Sex Abuse Opinion

by Ronald V. Miller, Jr.

The Second Circuit ruled today in Edwardo v. The Roman Catholic Bishop of Providence that sexual misconduct committed by a Catholic priest from another state during a work-related trip does not establish the jurisdiction of Rhode Island parish under New York law.

The case is about a man who was tragically sexually abused and exploited between 1978 and 1984, when they were 12 to 17 years old, by a now-deceased priest from Rhode Island. The plaintiff sued the Roman Catholic Bishop of Providence, a church corporation in North Providence, and a retired bishop for various torts based on the defendants’ alleged role in enabling the abuse. The U.S. District Court for the Southern District of New York dismissed the lawsuit for lack of personal jurisdiction, finding that New York’s long-arm statute did not permit the court to exercise personal jurisdiction over the defendants. The plaintiff appealed to the Second Circuit.

Why sue in New York in the first place? New York had a window that allowed sexual abuse claims that Rhode Island did not. Rhode Island extended its civil statute of limitations in 2019 for child sexual abuse cases. Under the new law, victims generally have until they reach the age of 53 to file a lawsuit against their abuser or the institution that enabled the abuse. This is a significant extension from the previous limit, which allowed victims only up to 7 years after turning 18 to file a lawsuit. It is unclear how the timing of this played out for this case but the case was originally filed in Rhode Island and dismissed as time-barred. So New York was the only option plaintiffs had and that mean hoping New York would assert jurisdiction.

April 15, 2023

Kansas Personal Injury Verdicts and Settlements

by Ronald V. Miller, Jr.

This page looks at settlement compensation and jury payouts in personal injury lawsuits in Kansas. Our lawyers also review personal injury law in Kansas

If you are a personal injury victim bringing a compensation claim in Kansas, you want to know the law governing your claim. But the first thing you want to know is how much money you will get in a settlement or from a jury. We cannot tell you how much your personal injury case is worth. But we can help you better understand the possible range of settlement payouts for your claim. Why is this important? Because money compensation is what wrongful death or personal injury is really about. The civil justice system cannot make the accident go away. It can only compensate you monetarily for your loss.

Kansas Personal Injury Verdicts and Settlements

April 11, 2023

Juul & E-Cigarette Lawsuits || What Is Next?

by Ronald V. Miller, Jr.

The biggest and latest trend that teenagers are turning to today is the new activity known as “juuling”. Teenagers are beginning to “juul” just about anywhere, whether it be at school, at work, on the street, or in their own home.

Juul is a company that manufactures a highly potent and discrete e-cigarette device, often advertised as a “safer alternative” to smoking. This trend, however, is turning out to be anything but safe and doctors worried about public health are about to lose their minds. And the number of Juul lawsuits are growing by the day.

JUUL Lawsuit Update April 2023

April 10, 2023

Bone Fracture Birth Injury Lawsuit

by Ronald V. Miller, Jr.

Childbirth can be a complicated and delicate process. While many births occur without any complications, some can result in injuries to the baby. One such injury that does not get a lot of attention from birth injury lawyers are bone fracture, which can happen during the delivery process as the result of the negligence of a doctor or other healthcare provider. When a baby suffers a bone fracture during birth, it can be a traumatic experience for both the baby and the parents.

When these fractures are the result of medical negligence, parents may seek compensation for the injury through a birth injury lawsuit to compensate both the parent and the child. This article will explore bone fracture birth injuries, the legal process for pursuing compensation, and the factors that can impact the outcome of a lawsuit.

Types of Bone Fracture Birth Injuries

April 7, 2023

Sample Minnesota Birth Injury Lawsuit

by Ronald V. Miller, Jr.

Below is an example of a Minnesota birth injury lawsuit, which outlines the facts of the case, the allegations of negligence, and the causes of action against the defendant in a shoulder dystocia birth injury claim.

Birth Injury Lawsuit

IN THE DISTRICT COURT COUNTY OF HENNEPIN, STATE OF MINNESOTA

April 7, 2023

Massachusetts Hospital Malpractice Verdicts and Settlements

by Ronald V. Miller, Jr.

Let’s take a look at hospital malpractice verdicts and settlements in Massachusetts in recent years. I’m writing this on March 31, 2021 so we do not have a ton in recent years.

Why? Hospitals in Massachusetts — or anywhere — are usually not racing to the courthouse steps to try cases. They have too much in PR and goodwill to risk a loss so they settle the good cases they could lose.

$2,750,000 Verdict (Massachusetts 2019): A man underwent a coccygectomy at Massachusetts General Hospital. Following the procedure, he suffered a wound infection. The man subsequently developed osteomyelitis, recurring anal fistulas, pudendal neuralgia, sexual dysfunction, and rectal and urological problems. He alleged that the surgeon’s negligence caused these permanent injuries. The man claimed he failed to recognize infection signs, order additional testing, and provide follow-up monitoring. He also made a vicarious liability claim against MGH. The defense denied liability. A Boston jury awarded $2,750,000.