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Medical Malpractice Law
 
Dora Mae Jablonski v. Ford Motor Company

The plaintiffs, Dora Mae Jablonski (Dora) and John L. Jablonski, Jr., as the special administrator and personal representative of the estate of Dora's deceased husband, John L. Jablonski, Sr. (John), brought this action against Ford Motor Company (Ford), alleging strict product liability and negligence in the design of their 1993 Lincoln Town Car automobile as a result of a collision in which John... More...   $0 (02-04-2010 - IL)

Alicia Fowler v. Donald R. Samuel and The Jasper and Newton Family Clinic, P.A.

Alicia Fowler appeals the take-nothing judgment entered on the jury's verdict in a medical malpractice suit against Donald R. Samuel and The Jasper and Newton Family Clinic, P.A. In four issues, Fowler contends: (1) the jury's failure to find Samuel negligent is against the great weight and preponderance of the evidence; (2) the trial court erred in refusing to admit into evidence the report prepa... More...   $0 (02-04-2010 - TX)

Perry L. Elam v. Dhananjai Menzies, M.D.

Plaintiff, Perry Elam, sued Defendant, Dr. Dhananjai Menzies, on June 22, 2007, alleging negligence in a heart operation that Dr. Menzies performed on Elam on July 21, 2005. After removing this action to federal court under diversity jurisdiction, Dr. Menzies sought summary judgment, arguing that Kentucky’s one year statute of limitations for medical malpractice suits had run. The District Court... More...   $0 (02-04-2010 - KY)

Linda Smith v. Laureate Psychiatric Clinic and Hospital, Inc.

Linda Smith sued Laureate Psychiatric Clinic and Hospital, Inc. on a medical negligence theory (medical malpractice) claiming that Defendant failed to exercise due care in the care and treatment of her Father and, as a direct result, he was able to commit suicide while a patient at Defendant's facilities. Plaintiff claimed that Defendant's staff failed to adequately monitor her father and as a res... More...   $0 (01-27-2010 - OK)

Estate of Eva June Crowell v. Board of County Commissioners of Cleveland County, State of Oklahoma

¶1 Eva June Crowell died following an acute asthma attack that she suffered while incarcerated in the Cleveland County Jail. At the time of the attack, jail personnel had possession of Ms. Crowell's inhaler. The personal representative of her estate has alleged that the jail personnel unnecessarily delayed furnishing Ms. Crowell the inhaler after being notified of her emergency need for it. The p... More...   $0 (01-26-2010 - OK)

Erik M. Pin v. David L. Kramer

The plaintiffs, Erik M. Pin, a minor, and his mother, Carrie L. Pin,1 appeal from the judgment in favor of the defendants, David L. Kramer, an orthopedic surgeon, and Danbury Orthopedic Associates, P.C., following a jury trial on their medical malpractice claim.

On appeal, the plaintiffs claim that the court improperly (1) restricted their questioning of potential jurors during voir dire,... More...
   $0 (01-26-2010 - CT)

Alice J. Banks v. Elks Club Pride of Tennessee 1102, et al

Alice J. Banks attended a social event at an Elks Lodge in Nashville on March 24, 2006. While she was there, the chair on which she was seated collapsed, causing serious injuries to Ms. Banks’s back. Ms. Banks consulted with Dr. Robert 1 H. Boyce, a physician affiliated with Premier Orthopaedics and Sports Medicine, P.C. (“Premier Orthopaedics”), who recommended lumbar surgery at the L3-L4 a... More...   $0 (01-18-2010 - )

Brigheta Webster v. Mercy Health Center, Inc.; Phoenix Physician Services, Inc.; Mark Gl Lipe, M.D.; and Trudi Freeland, A.R.N.P.

Brigheta Webster sued Mercy Health Center, Inc.; Phoenix Physician Services, Inc.; Mark Gl Lipe, M.D.; and Trudi Freeland, A.R.N.P. on medical negligence (medical malpractice) theories. The claims made and defenses asserted are not available.... More...   $0 (01-15-2010 - OK)

Life Forms, Inc. v. The Woodlands Operating Company, L.P. and The Woodlands Land Development Company, L.P.

In this appeal, we must determine whether the defendants conclusively established their limitations defense. The appellant contends the trial court erred: (1) in entering summary judgment in the face of unrefuted evidence of fraudulent concealment; (2) in determining that the appellant's fraud claims accrued more than four years before the suit was filed; and (3) in failing to grant a continuance ... More...   $0 (01-14-2010 - TX)

Norman A. Lockshin, M.D., P.A. v. Barbara S. Semsker

The Circuit Court for Montgomery County held in this litigation, among other things, that the plain meaning of Md. Code, Courts & Judicial Proceedings Article1 § 3-2A-09(a) (1974, 2006 Repl. Vol.), which states that the monetary cap on non-economic damages for health care malpractice claims appearing in § 3-2A-09(b) applies “to an award under § 3-2A- 05 of this subtitle or a verdict under § ... More...   $0 (01-13-2010 - MD)

Clinton Dean Lovell v. Sarah Bush Lincoln Health Center

In June 2005, plaintiff, Clinton Dean Lovell, sued defendant, Sarah Bush Lincoln Health Center (Health Center), for medical malpractice, claiming that the Health Center's negligence following his August 2003 surgery caused him severe and permanent injury. Following a September 2008 trial, a jury returned a verdict in Lovell's favor and awarded him $2,378,258. The Health Center appeals, arguing tha... More...   $0 (01-12-2010 - IL)

Eric Canonico v. Jackie Callaway

Eric Canonico appeals an order dismissing, with prejudice, his defamation lawsuit against various media defendants. The trial court dismissed the lawsuit because Mr. Canonico filed his claim prematurely, before satisfying a presuit notice requirement. See § 770.02, Fla. Stat. (2005). His lawsuit was thereafter barred by the applicable statute of limitations. See § 95.11(4)(g), Fla. Stat. (2003).... More...   $0 (01-06-2010 - FL)

Thomas Martinez v. Sarmed Elisa, M.D. and Bone and Joint Center

The plaintiff, Thomas Martinez, filed a medical malpractice case against the defendants, Samuel Elias, M.D. and the Bone & Joint Center, alleging that Dr. Elias performed unnecessary procedures on the plaintiff's lower spine. Following trial, the jury returned a verdict in favor of the plaintiff and against the defendants in the amount of $500,000. The trial court granted the defendants' posttrial... More...   $400000 (01-06-2010 - IL)

Tanya Nicole Kach v. Thomas Hose

This case arises from a highly unusual and extremely disturbing set of circumstances. In September 1995, Tanya Nicole Kach was a fourteen-year-old student when she befriended, and later became intimate with, Thomas Hose, a security guard at her middle school. Several months later, Kach ran away from home and spent the next approximately ten years living clandestinely with Hose. In March 2006, when... More...   $0 (01-01-2010 - pa)

Lisa Burke v. Gregorio Lauz, M.D.

Durelle Burke died as a result of complications from a ventricular peritoneal shunt malfunction that prevented the drainage of excess fluid from his brain. Lisa Burke, Durelle‟s mother, brought this medical malpractice action individually, and as administrator of Durelle‟s estate (collectively “Burke”), against Dr. Gregorio Lauz and Medical Associates of Clinton, Iowa, where Dr. Lauz pract... More...   $2500000 (12-30-2009 - IA)

E.D.B. v. Gearald Clair and Centre Community Hospital

The issue presented in this case is whether the Pennsylvania Department of Public Welfare (hereinafter “DPW”) can obtain reimbursement from a tortfeasor for Medicaid expenditures made on behalf of a disabled minor when a claim therefor by the minor’s parents is barred by the statute of limitations. We conclude that DPW can obtain such reimbursement, and accordingly reverse the decision of th... More...   $0 (12-29-2009 - PA)

Floree Hooper v. Ebenezer Senior Services and Rehabilitation Center

Floree Hooper (“Hooper”), acting as Personal Representative of the Estate of Albert L. Clinton, brought this action alleging claims for wrongful death and survival against Ebenezer Senior Services and Rehabilitation Center (“Ebenezer”). The trial court granted summary judgment in favor of Ebenezer, finding the claims were untimely asserted. The South Carolina Court of Appeals affirmed. ... More...   $0 (12-24-2009 - SC)

Lisa Yarick v. Pacificare of California

This is an appeal from judgment entered after the court sustained without leave to amend a demurrer to the fourth amended complaint filed by plaintiff and appellant Lisa Yarick, administrator of the estate of Joseph Yarick. The court ruled that claims against defendant and respondent PacifiCare of California (hereafter respondent), one of several defendants below, were “preempted in [their] enti... More...   $0 (12-12-2009 - CA)

Buddy Hackney v. Mark Swofford, M.D.

Buddy and Geneva Hackney sued Mark Swofford, M.D. on a medical negligence (medical malpractice) theory claiming that he acted below the standard of care when he performed surgery on Mr. Hackney in defendant's office and the follow up care provided. Mr. Hackney claimed that he suffered permanent personal injuries from the procedure.... More...   $4617612 (12-10-2009 - KY)

Ruben Lopez v. Daimler Chrysler Corporation

At age seven, plaintiff Ruben Lopez suffered permanent brain damage in a rear-end freeway accident. Lopez filed suit against several car manufacturers that produced the car Lopez rode in at the time of the accident. Lopez settled his suit for $2 million.

Between the accident and the subsequent settlement, defendant California Department of Health Care Services (Department) paid for Lopez‟... More...
   $0 (12-09-2009 - CA)

Ruben Lopez v. Daimler Chrysler Corporation and Department of Health Care Services

At age seven, plaintiff Ruben Lopez suffered permanent brain damage in a rear-end freeway accident. Lopez filed suit against several car manufacturers that produced the car Lopez rode in at the time of the accident. Lopez settled his suit for $2 million.

Between the accident and the subsequent settlement, defendant California Department of Health Care Services (Department) paid for Lopez‟... More...
   $0 (12-04-2009 - CA)

Joan P. Whitaker v. The Frankford Hospital of the City of Philadelphia d/b/a Frankford Hospital

¶ 1 Appellants, Diagnostic Imaging, Inc. and its agent Dr. Robert T. Smith, appeal from the judgment entered on a jury verdict in this medical malpractice action. The verdict was entered in favor of the plaintiffs, Appellees Joan P. Whitaker and Barbara V. Leezer, in their capacity as guardians ad litem for Caroline Monaghan. The jury determined that Dr. Smith and Dr. Harold J. Gauthier, who had ... More...   $5200000 (11-27-2009 - PA)

Antonio Salinas, Jr. v. John W. Kristensen, M.D.

This is an appeal from a take-nothing judgment entered in favor of appellee, John W. Kristensen, M.D. By five issues, appellants, Antonio Salinas, Jr. and San Juana Salinas, individually and as personal representatives of the estate of their daughter, Tiffany Salinas, contend (1) the trial court erred in granting judgment for Dr. Kristensen because the doctrine of parental immunity applied, and (2... More...   $0 (11-25-2009 - TX)

Max C. Maloney v. Valley Medical Facilities, Inc.

Appellee commenced the present medical malpractice action grounded on an asserted failure to timely diagnose and treat osteosarcoma in his wife, Linda Maloney. He alleged, among other things, medical negligence on the part of Appellant Maurice Prendergast, M.D. (an internist) and Richard E. Brennan, M.D. (a radiologist), as well as vicarious liability on the part of institutional defendants associ... More...   $0 (11-25-2009 - PA)

Michael Wachocki v. Bernalillo County Sheriff's Department

{1} The Bernalillo County Sheriff’s Department (BCSD) appeals the judgment of the district court holding it thirty percent liable for the wrongful death of Jason Wachocki. BCSD argues (1) that several of the district court’s factual findings were not supported by substantial evidence; (2) that the district court erred in finding that Jason Wachocki had no comparative fault in causing his death... More...   $0 (11-24-2009 - NM)

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