In the world of drug litigation, a jury in Texas ruled that Centocor Inc. negligently and fraudulently failed to warn doctors and consumers about potential side effects of Remicade and must pay almost 20 million dollars to a woman who claims she developed lupus as a result of using Remicade. Hamilton, et al. v. Centocor Inc., et al., No. 03-60526-4 (Texas Ct. at Law No. 4, Nueces Cty.).In a 5-1...
Can you sue for what might have happened?
In an unfortunate case of medical malpractice, a nurse suspected of theft of painkillers during surgical procedures is believed to have infected at least 15 members of military service or their relatives with hepatitis.The nurse, retired Army captain Jon Dale Jones, was placed under arrest in Miami, Florida earlier in March and charged with assault of three of those patients and possession of a...
A Superior Court jury in Worcester County, Massachusetts has awarded a New Jersey man over $809,000 in damages and interest after he lost a testicle due to an emergency room doctor's failure to correctly diagnose his testicular torsion, according to court records.Dr. Mohsen Noreldin was ordered to make a payment of $500,000 in damages, to which over $309,000 in interest was added, said court...
On Tuesday, February 5, the Minnesota Court of Appeals ruled that a mother who was unhappy with how her baby's circumcision looked cannot sue a hospital in Fridley, Minnesota for medical malpractice.Unity Hospital and Dr. Steven Berestka were sued by Dawn Nelson who claimed that Berestka removed "the most erogenous tissue" after the boy's birth on January 1, 2000 without consulting either...
Virginia medical malpractice law requires that before serving a medical malpractice lawsuit on a Virginia doctor the plaintiff or his attorney must have in his file a signed "Certification of Merit" from an expert witness that says, in effect, that the case is valid. The Oklahoma Supreme Court has recently thrown out a similar requirement in that state on the basis that the requirement,...
As the debate ramps up regarding health care reform/insurance reform, one of the subjects that is brought up more and more often is the notion that we need to change the medical malpractice laws, on...
The West Virginia Record is reporting an interesting medical malpractice case where West Virginia's requirement of a pre suit certificate of merit in malpractice cases is under challenge. As the District of Columbia moves towards requiring pre-suit notification to defendants and mandatory early mediation of claims, we'll all be following this W. Virginia case.The specific challenge raised is:...
A big difference to hospitals and patients could be made by a slight change in the wording of the malpractice reform law of the state of Georgia.Georgia Watch, a consumer advocacy group, is making a push for an amendment which would make it easier for patients who believe they have been harmed in the emergency room to file suit against hospitals.During the 2007 Georgia General Assembly, Senate...
We are thankful and pleased to report a verdict for one of our medical malpractice clients in Fairfax, Virginia, yesterday.The case involved a 3 year delay in diagnosing rectal cancer. During this time the defendant ignored signs of rectal bleeding, attributing repeated findings and complaints of bleeding to 'hemorrhoids.' As a result of the delay the plaintiff, a 45 year old male, was deprived...
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