Lawsuit Information Center

June 2, 2023

Washington Birth Injury Malpractice Lawsuits

This page will look at medical malpractice cases involving birth injuries in Washington state. We will review the key points of Washington tort law and examine the settlement value of Washington birth injury lawsuits based on reported settlements and trial verdicts.

What is a Birth Injury?

A birth injury is defined as a physical injury, damage or harm inflicted on a baby because of something that occurs during the process of childbirth (or pregnancy). Birth injuries differ from birth defects in that they are not genetically inherited. Instead, birth injuries are a product of events going wrong during delivery, usually as the result of medical negligence.

June 1, 2023

Washington DC Birth Injury Lawsuits

by Ronald V. Miller, Jr.

This page will explore medical malpractice cases involving birth injuries in Washington D.C. Our lawyers examine key aspects of Washington D.C. malpractice law and evaluate the settlement amounts and jury payouts of District of Columbia birth injury lawsuits based on reported settlements and trial verdicts.

What Is a Birth Injury?

A birth injury refers to physical harm, damage, or injury inflicted on a baby due to events during pregnancy or childbirth. Birth injuries differ from birth defects as they are not genetically inherited. They can happen without medical malpractice. But, too often, they result from complications during delivery, often due to medical negligence.

June 1, 2023

The Pivotal First AFFF Bellwether Trial

by Ronald V. Miller, Jr.

Next week, the pivotal first bellwether test trial is set to begin in the massive class action MDL over the personal and environmental harm caused by PFAS “forever chemicals” in AFFF firefighting foam. The firefighting foam MDL now has over 4,000 plaintiffs with pending cases. Now, after years of consolidated discovery and buildup, the test case is finally ready to be presented to a jury in a federal courtroom in South Carolina.

The case selected for this initial bellwether trial is the City of Stuart v. 3M Co. et al. (2:18-cv-03487). The outcome of the trial in the City of Stuart case will have a massive impact on the future course of the litigation. It will be the first time a jury will decide the scientific evidentiary battle that has been waged between the plaintiffs and defendants such as DuPont and 3M.

If the jury resolves this debate in favor of the plaintiff and awards a significant verdict, it could prompt a multi-billion-dollar settlement involving dozens of major companies. It could also set the stage for future cases involving similar tort claims by local municipalities based on environmental contamination.

May 30, 2023

Massachusetts Appellate Decision on Malpractice Rules

by Ronald V. Miller, Jr.

Last week, the intermediate-level appeals court of Massachusetts reestablished a lawsuit accusing a hospital’s staff of causing a post-surgery patient to fall and break her hip. In Owens v. Erazo (22-P-1204), the appeals court disagreed with a medical malpractice tribunal that had categorized the incident as simply an “unfortunate medical result.”

A panel of three Appeals Court judges reversed a Suffolk County judge’s decision to dismiss a lawsuit. The suit alleges that a nurse and physical therapist, employed by Brigham & Women’s Faulkner Hospital, failed in their duty to accurately assess the fall risks for a patient. This alleged failure led to the patient falling and fracturing her hip after undergoing hip surgery.

Ms. Owens, the plaintiff, had been hospitalized after undergoing hip surgery, during which she experienced an injury. As a result, she instigated a medical malpractice lawsuit against Erazo (R.N.), Agustin (P.C.A.), O’Hara (P.T.), and Brigham & Women’s Faulkner Hospital. The defendants, Erazo and O’Hara, subsequently put forth requests for a medical malpractice tribunal, as described in G. L. c. 231, § 60B.

May 25, 2023

Shaq Ducking Service in FTX Lawsuit

by Ronald V. Miller, Jr.

When the cryptocurrency company FTX dissolved, many innocent investors lost millions. The FTX collapse prompted a class-action lawsuit by aggrieved investors. A number of high-profile celebrities and athletes, including Larry David, Tom Brady, and Steph Curry, have been named in the class-action lawsuit because they were paid spokespersons for FTX. Let’s point out from the beginning: it seems like a crazy stretch to sue these people.

One of the famous people named in the lawsuit is former basketball icon Shaquille O’Neal. Over the last several months, however, Shaq has allegedly been actively avoiding service of process attempts by attorneys representing the plaintiffs in the lawsuit. Brady, Curry, and the rest of the big-name defendants have all voluntarily accepted service in the case, but Shaq remained a deliberately elusive target for process servers, prompting some to call for a foul.

Update: The process server attended Game 4 by purchasing a ticket – which had to cost a fortune – and approached O’Neal while he was on the Inside the NBA set. Two lawsuits were served to him, with the second one relating to his Astrals NFT Project. It is alleged that O’Neal was not amused by the situation and had the process server removed from the arena, which is crazy.

May 24, 2023

New Jersey Lab Error Dismissal Reversed

by Ronald V. Miller, Jr.

In Cenni v. Laboratory Corp., a New Jersey appellate decision that came down yesterday takes an interesting look at a lab error lawsuit against Quest and Lab Corp and how the discovery rule and the fictitious party rule work in New Jersey.

Facts of Cenni v. Lab Corp

The plaintiff filed a misdiagnosis against LabCorp, alleging it inaccurately interpreted the plaintiff’s annual Pap smear slides, a critical component of cervical cytology exams. The plaintiff argued that due to this error, her cervical cancer diagnosis for years, by which time the cancer had already progressed to stage four.

May 17, 2023

Delaware Malpractice: Vicarious Liability Against Staffing Agency

by Ronald V. Miller, Jr.

In a recent malpractice opinion in Acree v. Bayhealth Med. Ctr., a Delaware Superior Court provides a ruling of interest to any Delaware medical malpractice lawyer looking to find more deep pockets that are vicariously liable for a health care provider’s care. In this case, the focus is on a staffing agency that provided an orthopedic surgeon to a hospital.

Facts of Acree v. Bayhealth Med. Ctr.

An orthopedic surgeon performed an arthroscopic procedure on a patient’s right knee at a medical center owned by Bayhealth. Complications and a post-operative infection arose after the surgery, which, the patient alleges, will necessitate a total knee replacement.

May 14, 2023

Asbestos Companies and the Corporate Cover-Up

by Ronald V. Miller, Jr.

Today, asbestos is universally recognized as a highly toxic substance. But just a few decades ago, asbestos was one of the most widely used materials in the U.S. It was used as a building material and the base ingredient for thousands of products. Sadly, this proliferation of asbestos resulted in the biggest man-made epidemic in history which claimed countless lives.

The scale of the human tragedy caused by asbestos could have been significantly reduced if the companies that mined and sold asbestos and asbestos-based products had not denied and concealed the true danger of asbestos from the American public.

If you or someone in your family has been impacted by asbestos-related diseases such as mesothelioma, you can get financial compensation from these companies by filing an asbestos lawsuit. Contact our asbestos lawyers today.

May 4, 2023

SSRI Malpractice Lawsuit Appellate Opinion in Idaho

by Ronald V. Miller, Jr.

In a new Idaho Supreme Court case, the court issued an important ruling in a medical malpractice case as to whether a section of the Idaho Tort Claims Act (ITCA) shields the state and its employees from liability. The case also gives us a good look into SSRI malpractice lawsuits in 2024.

- Example Idaho settlement amounts and jury payouts

Facts of Mattison v. Idaho Department of Health and Welfare

May 2, 2023

Vermont Clergy Sex Abuse Lawsuit

by Ronald V. Miller, Jr.

Vermont has been an epicenter of clergy sex abuse, most notably with Roman Catholic Church. The Church has made great progress since the days of ignore and coverup but does not heal the scars.

Clergy sex abuse lawsuits against the Catholic Church began earnest in the early 2000s, following similar revelations in other parts of the United States. Survivors of abuse, many of whom had carried their burdens in silence for years, were inspired to heroically speak out. The Church was accused not only of harboring abusive clergy but also of systematically covering up their misconduct.

Sex abuse lawsuits in Vermont