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Medical Malpractice Law
 
United States of America v. Arthur Rathburn Eastern District of Michigan Federal Courthouse - Detroit, Michigan

Detroit, MI - Grosse Pointe Park Man Sentenced on Fraud Scheme Involving Distribution of Infectious Human Remains

A Grosse Pointe Park resident was sentenced on May 22, 2018 to 108 months in federal prison after having been convicted earlier this year by a jury on charges of wire fraud, transportation of hazardous material, and false statements in a scheme involving the distribution of bo... More...
   $0 (05-26-2018 - MI)

United States of America v. Charles Turner and Donald Kevin Collins Eastern District of Tennessee Courthouse - Greeneville, TN

Greenville, TN - Charles Turner and Donald Kevin Collins Sentenced for Mail Fraud Conspiracy to Defraud Mountain Empire Surgery Center

On May 23, 2018, two individuals were sentenced by the Honorable J. Ronnie Greer, U.S. District Judge, for their roles in a conspiracy to commit mail fraud. Donald Kevin Collins, 41, of Elizabethton, Tennessee, was sentenced to serve 51 months in federal ... More...
   $0 (05-26-2018 - TN)

Ivan Arnold v. Homeaway, Inc. Western District of Texas Federal Courthouse - San Antonio, Texas

Plaintiffs Ivan Arnold and Deirdre Seim filed separate lawsuits against
Defendant HomeAway, Inc.
1 In each case, HomeAway sought to compel arbitration. Concluding that both Seim and Arnold are bound to arbitrate threshold arbitrability questions, we REVERSE the judgment of the district court in Arnold’s case and AFFIRM the judgment in Seim’s. We REMAND both cases with instructions to compe... More...
   $0 (05-25-2018 - TX)

Gloria Bustillos v. El Paso County Hospital District, et al. Western District of Texas Federal Courthouse - El Paso, Texas

This case stems from a series of increasingly intrusive body searches performed by state medical staff during a border stop in El Paso, Texas. The district court dismissed Appellant’s claims based on qualified immunity, failure to allege a valid claim for county liability under § 1983, and failure to meet Texas state tort standards. We affirm.
BACKGROUND
I. The Search and Seizure
Appel... More...
   $0 (05-25-2018 - TX)

Veronica Bennett v. Hartford Insurance Company of the Midwest Middle District of Louisiana Federal Courthouse - Baton Rouge, Louisiana

Defendant-Appellant Hartford Insurance Company of the Midwest (“Hartford”) appeals the district court’s order denying its motion for summary judgment and granting that of Defendant-Appellee Axis Surplus Insurance Company (“Axis”). Hartford also challenges the district court’s grant of Axis’s motion to strike an affidavit submitted in support of its motion for summary judgment as untimely. For the ... More...   $0 (05-25-2018 - LA)

Damian Stinnie v. Richard D. Holcomb Western District of Virginia Federal Courthouse - Roanoke, Virginia

This case arises out of a constitutional challenge to Virginia Code § 46.2-395, pursuant to which anyone who fails to pay court costs or fines imposed after a conviction is subject to suspension of his or her driver’s license. Plaintiffs Damian Stinnie, Demetrice Moore, Robert Taylor, and Neil Russo owe court debts and, because of their inability to pay, have had their licenses suspended. They all... More...   $0 (05-24-2018 - VA)

Diane Rodriguez and David Rodriguez, etc. vs Ernst Nicolitz, M.D. and Lenka Champion, M.D.

On April 23, 2013, Mrs. Rodriguez underwent a blepharoplasty on her upper and lower eyelids, a procedure to repair droopy eyelids and to remove excess tissue around the eyes. The surgery was performed by Ernst Nicolitz, M.D., an ophthalmologist. Following the surgery, Mrs. Rodriguez developed an infection in her left eye. Three post-operative examinations of Mrs. Rodriguez were performed by Dr.... More...   $0 (05-23-2018 - FL)

United States of America v. Johnnie Gresham Middle District of Pennsylvania Federal Courthouse - Scranton, Pennsylvania

Scranton, PA - West Virginia Man Guilty Of Producing Child Pornography

Johnnie Gresham, age 39, of Charleston, West Virginia, pleaded guilty on May 17, 2018, before U.S. District Court Judge Robert D. Mariani, to producing and attempting to produce child pornography.

According to United States Attorney David J. Freed, Gresham admitted that he persuaded a minor to take and forward... More...
   $0 (05-23-2018 - PA)

United States of America v. Derek Pelker Middle District of Pennsylvania Federal Courthouse - Harrisburg, Pennsylvania

Harrisburg, PA - Wernersville Man Convicted Of Bank Robberies In York, Lebanon, And Berks Counties

Derek Pelker, age 28, of Wernersville, Pennsylvania, was convicted on May 18, 2018, by a jury on four counts of armed bank robbery, four counts of conspiracy to commit armed bank robbery, two counts of brandishing a firearm in relation to a crime of violence; and, two counts of possession of... More...
   $0 (05-23-2018 - PA)

Kevin C. Rotkiske v. Paul KLemm, Esq., d/b/a Nudleman, Klemm & Golub, P.C. Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

This appeal requires us to determine when the statute of limitations begins to run under the Fair Debt Collection Practices Act (FDCPA or Act), 91 Stat. 874, 15 U.S.C. § 1692 et seq. The Act states that “[a]n action to enforce any liability created by this subchapter may be brought in any appropriate United States district court . . . within one year from the date on which the violation occurs.” 1... More...   $0 (05-23-2018 - PA)

State of Tennessee v. Curtis Morris

On January 8, 2013, a Shelby County grand jury returned indictment No. 1300001, charging the defendant with first-degree murder during the perpetration of aggravated child abuse, first-degree murder during the perpetration of aggravated child neglect, aggravated child abuse of a child eight years of age or less, and aggravated child neglect of a child eight years of age or less. The victim in the... More...   $0 (05-22-2018 - TN)

Dustin Lucio v. State of Tennessee Dustin Matthew Lucio - Registered Sex Offender

Prior to Petitioner’s trial, the State filed a motion seeking to exclude medical records showing that the victim had been treated for substance abuse after the offense. At
the hearingon the State’s motion, the victim testified that she was raped by Petitioner on February 20, 2009. She testified that she developed a “drug problem” immediately after the incident. The victim acknowledged on c... More...
   $0 (05-22-2018 - TN)

William Boatwright v. State of Tennessee COURT OF CRIMINAL APPEALS OF TENNESSEE

This case arises from the Petitioner’s participation in a home invasion of an apartment in which numerous people were present. See State v. William Ray Boatwright, No. E2012-00688-CCA-R3-CD, 2013 WL 775787 (Tenn. Crim. App. Feb. 28, 2013), perm. app. denied (Tenn. June 12, 2013). After the trial, the trial court merged the aggravated assault convictions with the especially aggravated robbery co... More...   $0 (05-22-2018 - TN)

Center> John Doe v. Good Samaritan Hospital

Appellant alleges that he was sodomized by his roommate, K.W., while a patient
in the adolescent psychiatric unit of respondent Good Samaritan Hospital Southwest
(Hospital). He brought this action alleging that Hospital was negligent in placing K.W.
in a room together with appellant, and limiting its efforts to supervise these patients to
observation of each of them at 15-minute in... More...
   $0 (05-22-2018 - CA)

United States of America v. Marina Burman Southern District of New York - New York, New York

New York, NY - David Raymond Lewis, Stephen J. Ritchin, and Won S. Shin

Marina Burman was sentenced on May 17, 2018 to 36 months in prison. BURMAN, the former president of a medical supply company, submitted approximately $3.4 million in fraudulent bills to the New York State Medicaid Program, falsely claiming to have dispensed adult diapers and other medical supplies that were not med... More...
   $0 (05-21-2018 - NY)

STATE OF OHIO - vs - DONNIE E. WRIGHT

Defendant-appellant, Donnie Wright, appeals his conviction and sentence in
the Fayette County Court of Common Pleas for unlawful sexual conduct with a minor.
{¶ 2} In early December 2016, appellant began dating a woman ("Mother"). Within
days, appellant moved into Mother's house. Mother has a daughter ("the victim") who also
resided with her. Later that month, appellant bega... More...
   $0 (05-21-2018 - )

United States of America v. Isabel Kesari Gervais Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Birmingham, AL - Claimed Naturopathic Doctor Sentenced to 75 months

A federal judge on May 15, 2018 sentenced a woman who falsely claimed to be a naturopathic doctor to 75 months for defrauding patients at a Hoover clinic in 2015.

U.S. District Judge Madeline Hughes Haikala sentenced ISABEL KESARI GERVAIS, 61, on one count of wire fraud affecting a financial institution, one coun... More...
   $0 (05-21-2018 - AL)

State of Ohio v. Jesse Perez

During visitation hours at an Ohio correctional facility, appellant and
another inmate (the victim) got into an altercation. Appellant’s two children and their
mother were visiting appellant; and the victim’s mother was visiting the victim. Both
inmates were behind a barrier, which separates visitors from inmates.
{¶ 4} Appellant’s children, both toddlers at that time, got r... More...
   $0 (05-21-2018 - OH)

STATE OF OHIO v. Ronald Roberson

In our prior decision, we summarized the facts that supported Roberson’s
five criminal convictions. Roberson I, ¶ 4-34. The only facts that are relevant to the
assignment of error before us now are those relating to the August 27, 2015 incident,
which supported two of Roberson’s convictions: aggravated burglary and rape. The
relevant facts are these:
Roberson met C.G... More...
   $0 (05-21-2018 - OH)

STATE OF OHIO v. ANDREW MELMS

This matter is before the Court on the August 8, 2017 Notice of Appeal of
Andrew Melms. Melms appeals from the trial court’s July 28, 2017 Judgment Entry of
Conviction, following a no contest plea to one count of aggravated possession of drugs,
namely fentanyl, in violation of R.C. 2925.11(A), a felony of the fifth degree. His appeal
is specifically addressed to the trial co... More...
   $0 (05-20-2018 - OH)

Susanna Conlin v. State of Indiana Indiana Court Of Appeals

Susanna Conlin appeals from her conviction of operating a vehicle while intoxicated endangering a person,1 a Class A misdemeanor. She argues the trial
court erred by misapplying a statutory presumption in favor of the State and by
abusing its discretion in the admission of evidence.
[2] The following issues are presented for our review:
1. Did the trial court misapply a stat... More...
   $0 (05-20-2018 - IN)

ANTHONY R. BORKOVEC vs. DISH NETWORK CORPORATION and GALLAGHER BASSETT SERVICES, INC

On July 26, 2009, a drunk driver crossed the centerline and hit Borkovec’s
vehicle head-on. The crash resulted in significant work-related injuries to Borkovec
and killed the other driver’s son. Borkovec’s right femur, patella of his right knee,
and right heel bone were fractured; he suffered contusions to his chest, broken
ribs, and nerve damage in his right knee and foot. ... More...
   $0 (05-19-2018 - IA)

Tommy Dowdy and Sharon Morris-Dowdy v. Metropolitan Life Insurance Company Northern District of California Federal Courthouse - San Francisco

In 2014, Appellant Tommy Dowdy suffered a serious
injury to his left leg as the result of an automobile accident.
His leg was eventually amputated below the knee. Mr.
Dowdy and his wife, Sharon Morris-Dowdy, sought
accidental dismemberment benefits under an employee
welfare benefit plan governed by the Employee Retirement
Income Security Act of 1974 (“ERISA”). Appellee
... More...
   $0 (05-19-2018 - CA)

United States ex rel. John Simons and Lewis Cook v. Health and Palliative Services of the Treasure Coast, Inc. United States District Court for the Southern District of Florida - Miami, Florida

Miami, FL - Health and Palliative Services of the Treasure Coast, Inc., The Hospice of Martin and St. Lucie, Inc., and Hospice of the Treasure Coast, Inc. Paid $2.5 Million to Settle False Claims Allegations

Health and Palliative Services of the Treasure Coast, Inc., The Hospice of Martin and St. Lucie, Inc., and Hospice of the Treasure Coast, Inc. have paid $2.5 million to settle allega... More...
   $2500000 (05-19-2018 - FL)

Jerri Woodring-Thueson v. Harborview Medical Center, Maxwell Ma and David Tirschwell King County Courthouse - Seattle, Washington

Seattle, WA - Jerri Woodring-Thueson, age 54, and Erik Thueson sued Harborview Medical Center, Maxwell Ma and David Tirschwell on medical malpractice (negligence) theories claiming that she was damaged and injured as a direct result of receiving substandard care while a patient in the hospital's stroke center. The Plaintiffs claimed that Jerri's condition worsened during her stay and that she wa... More...   $25000000 (05-19-2018 - WA)

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