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The Connecticut Supreme Court upheld the denial of dismissal of a medical malpractice lawsuit against UCONN Health
Center/John Dempsey Hospital after the plaintiff reached a $2 million settlement with CVS Pharmacy in connection with a
man’s death…law.com, Med-Mal Claims Against UCONN Hospital Not Barred by $2 Million CVS Settlement, State Supreme Court Says, Allison Dunn, Mar 2022
Judge Amanda Mercier ruled that a trial court has broad discretion to sanction lawyers who surprised opponents with a new expert witness the day before the trial…law.com, Surprise Defense Expert Frowned Upon in Ruling Affirming $6.4M Birth Injury Judgment, Katheryn Hayes Tucker, Mar, 2022
In a suit filed by lung-cancer patient Geraldine Ford against her former radiologist, the Appellate Division, First Department tossed out her malpractice and lack-of-informed-consent action., which has medical facts underlying it that in certain respects are similar to those in Lavern Wilkinson’s matter. The law was named after Wilkinson, who died in 2013…law.com, 1st Department: ‘Lavern’s Law’ Does Not Expand Limitations Period for Lung Cancer Patient, Jason Grant, Mar, 2022
Presiding Judge Stephen Dillard ruled that Emory Healthcare cannot force arbitration of a medical-malpractice case over an infant’s death. He explained why and spelled out how the hospital could have succeeded…law.com, Judges Rule Emory Healthcare Cannot Compel Arbitration for a Baby’s Med-Mal Case, Katheryn Hayes Tucker, Feb, 2022
The defendant argued that the district court should abstain because the three conditions under the ‘Pullman’ abstention are met. Judge Nancy Torresen granted the defendant’s motion to dismiss without prejudice, finding that ‘Pullman’ abstention is appropriate….law.com, Federal Judge Tosses Personal Injury Firm’s Challenge to Law Sealing MedMal Decisions, Allison Dunn, Feb 2022
The decision rejected arguments from the defense seeking to exclude from the delay damages several months when the courts in Pennsylvania were closed under emergency shutdown orders due to the COVID-19 pandemic…law.com, $1.8M in Delay Damages Added to $9.7M Med Mal Verdict, Rejecting Arguments Over Pandemic Court Closures, Max Mitchell, Feb 2022
Lonnie Kersey was a 67-year-old amputee with a history of blood transfusions and abnormal liver function at the time of his death in 2018…..law.com, Jury Awards $3M Med Mal Verdict to Widow of Phila. Man Who Died From Cancer, P.J. D’Annunzio, 2021
A variety of factors create a cloud of uncertainty around when, if ever, we will see the claims we expected from care provided just before the pandemic, much less claims deriving from care during the pandemic of both COVID-19 and non–COVID-19 patients….medscape.com, Malpractice Claims During COVID-19: More Questions Than Answers, Robert E. White Jr, 2021