United States of America

Medical device manufacturer Boston Scientific has issued an emergency safety recall of its Vici Venous stent devices because a defect in the stents causes them to migrate once inside the body.

If you had a Vici Venous stent surgically implanted and it subsequently migrated inside your body, you may be entitled to financial compensation. Our medical device lawyers are currently new Vici Venous stent cases against Boston Scientific.

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. Okun.

New Mexico’s Medical Malpractice Act

The New Mexico legislature passed the Medical Malpractice Act in 1976. The law caps damages in medical malpractice cases at $600,000. It applies to lost wages and pain and suffering. The cap excludes punitive damages and compensation for medical and rehabilitative treatments.

hernia mesh lawsuitsTo date, thousands of lawsuits related to defective hernia mesh implants have been filed in courts across the country. These suits claim that defective surgical implant devices were the cause of chronic pain, serious infections, obstructed bowels, perforated abdomen lining, and the development of adhesions. Some plaintiffs’ injuries were severe enough that they needed further surgeries to correct these issues.

Years, ago, I wrote a blog about a frivolous Little League baseball lawsuit.  Going through that old post in 2020, I realized no one really cared seven years later.  (in fact, I started to post the old post at the end of the piece but decided it was truly worthless.

But settlement and verdicts in baseball-related personal injury lawsuits does seem of interest to many of us who spend our winters indoors playing baseball and out spring, summer, and fall out on the baseball field.  

Baseball-Related Verdicts and Settlements

A number of cancers arise in the liver or biliary system.  Unlike many cancers, liver cancer (and liver disease) appear to be on the rise.  From 1999 to 2016, annual deaths from liver cancer doubled to 11,073.  Liver cancer is now the fastest increasing cause of cancer death in the United States. 

Why?  it is a good question.   The tragedy is that liver cancer is often preventable.  Approximately 71 percent of liver cancer diagnoses in the U.S. can be attributable to preventable risk factors.  Some of these deaths are also caused by malpractice.  You need to diagnose and treat liver cancer quickly to have the best chance of curing it. 

Liver Cancer Examples

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.

The U.S. District Court of Utah dismissed the case, without leave to amend, for failing to state a claim under the FCA. Specifically, the court believed that the qui tam plaintiff’s complaint failed to state a cause of action under the FCA because the allegations as a matter of law were “subjective medical opinions” that demonstrated a mere “difference of opinion” as to the medical necessity of inpatient hospital admissions.

Facts of Winter v. Gardens Regional Hospital

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.

The plaintiffs’ birth injury lawyer filed their original complaint alleging that the defendants committed malpractice during the mother’s pregnancy, labor, and delivery of her child.  The plaintiffs claimed this malpractice caused the child to suffer severe and permanent injuries.  The lawsuit claims that as a result of the defendants’ medical malpractice in managing shoulder dystocia, a young girl sustained a severe, permanent injury to her right brachial plexus.

We buy car insurance hoping we never need to go through the process of submitting a claim. When accidents happen, we hope the claims process is smooth and simple.  Seems like a reasonable expectation because you or the at-fault driver paid your premium every month in a way that made it smooth and simple for the insurance company.  But it does not work that way, right?

There are several reasons that your claim may be denied. This denial can often cause a significant financial strain on you and your family. . If you’ve recently been in a car accident, you may be counting on the money from the insurance claim to pay medical and other bills.

If your claim has been denied, you need to figure out quickly why and what you can do to get the money you deserve.

An opioid settlement is coming. How much money is in it for you? If you have suffered, it is a fair question. But this is a different kind of opioid settlement.

Thousands of counties, townships, and local jurisdictions across the country are currently suing pharmaceutical companies that manufacture and sell prescription opioid painkillers. The local jurisdictions are seeking money to reimburse them for the billions of dollars they have been forced to spend in response to the opioid abuse epidemic. After months of little or no movement in this matter, reports suggested that a global settlement proposal may finally be in the works.

Opioid manufacturers, distributors, and pharmacies have collectively paid more than $50 billion in settlements. These funds are earmarked for a range of programs and initiatives designed to tackle the opioid crisis, such as:

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 awards.

Our lawyers handle fetal macrosomia lawsuits throughout the country.  If you want to bring a claim or have a question about your claim, call our birth injury attorneys at 800-553-8082.

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