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Medical Malpractice Law
Harry Keith v. Bart Borsky, M.D.

Harry Keith, Surviving spouse and next of Kin of Teresa K. Keith sued Bart Borsky, M.D., Michael Kutner, M.D., R. Kent Dyer, M.D. and Ravi Pruthi, M.D. on medical negligence (medical malpractice) theories.

Deceased, Teresa K. Keith, was admitted to Integris Baptist Medical Center on September 19, 2006, as a candidate for pancreas transplant surgery. Shortly after midnight on September 20... More...
   $0 (06-25-2010 - OK)

Bernstein and Grazian, P.C. v. Grazian and Volpe, P.C.

Plaintiffs-appellants and cross-appellees Bernstein & Grazian, P.C. (B&G), and the Estate of Isadore M. Bernstein, deceased (Bernstein),1 brought suit against B&G's former law partners defendants-appellees and cross-appellants Grazian & Volpe, P.C. (G&V), John Leonard Grazian (Grazian), and Richard S. Volpe (Volpe)2 for breach of contract and fiduciary duty, seeking an accounting, an injunction an... More...   $0 (06-25-2010 - IL)

Wesley Simmons v. Navajo County, State of Arizona

We must decide, among other issues, whether local jail personnel, their supervisors, and their county employer violated the Fourteenth Amendment due process rights of a pretrial detainee who committed suicide while in their custody.



After allegedly molesting a ten-year-old girl at an elementary school playground, Jasper Simmons (“Jasper”) was arrested by the Pinetop-La... More...
   $0 (06-23-2010 - AZ)

Michelle Dilieto,e t al. v. County Obstetrics and Gynecology Group, P.C., et al.

In this medical malpractice case, which returns to us for a second time,1 we consider two separate appeals. In the first appeal (Docket No. SC 17744), the defendant Scott Casper, a gynecologist, his employer, the named defendant, County Obstetrics and Gynecology Group, P.C. (County Obstetrics), and the defendant Yale University School of Medicine,2 appeal from the judgment of the trial court, rend... More...   $5200000 (06-22-2010 - CT)

Eridania Martinez v. Hongyi Cui

Eridiana Martínez brought federal and state claims alleging that Dr. Hongyi Cui, a first-year medical resident, sexually assaulted her by digital rape during an examination when she was an emergency-room patient at the UMass Memorial Medical Center. A jury, after trial, rejected her claims.

On appeal, Martínez alleges there was error in the district court's evidentiary rulings a... More...
   $0 (06-17-2010 - MA)

Muriel D. Walton v. Arun-Angelo Patil, M.D.

Muriel D. Walton sued Arun-Angelo Patil, M.D., alleging that he breached the applicable standard of care during and after a surgical procedure Patil performed on Walton’s lower back. Before trial, Walton notified the court that she intended to enter into evidence the deposition testimony of her expert witness, Leon J. R Ravvin, M.D. This deposition was taken by Patil’s counsel. Patil objected... More...   $0 (06-11-2010 - NE)

Angela Walton v. Mid-Atlantic Spine Specialists, P.C., et al.

In this medical malpractice case, we consider whether the defendant doctor waived the attorney-client privilege for a letter he wrote to his attorney regarding potential negligence in his examination of key x-rays when that letter was produced to the plaintiff during discovery. We hold the doctor’s disclosure of the letter was inadvertent, but that the doctor waived his attorney-client privilege... More...   $0 (06-10-2010 - VA)

Tina Shupe v. Dr. Zev Elias, et al.

Tina Shupe, age 38, sued Carilion Clinic and Dr. Zev Elias on medical malpractice (medical negligence) and respondeat superior theories claiming that Dr. Elias performed the wrong type of surgery on a herniated disc in her back. Plaintiff claimed that as a direct result she has experienced continuing back pain. Shupe ruptured a disc in her back in 2007 when she lifted a bariatic bedside commode w... More...   $1930000 (06-05-2010 - VA)

Laron Birmingham, et al. v. St. Joseph Regional Medical Center, Inc., et al.

Kishia Lee, individually and on behalf of Laron Birmingha, age 5, sued Donald Baccus, the Wisconsin Injury Patients and Families Compensation Fund and St. Joseph Regional Medical Center on medical malpractice theories claiming that substandard care by Baccus and St. Joseph's staff directly caused Laron to suffer permanent severe brain damage in 2005. Ms. Lee went into prolonged labor in May 2005 ... More...   $23300000 (05-29-2010 - WI)

Family and Estate of Vincent Liew v. New York University - Langone Medical Center and Dr. Thomas Diflo

The family and estate of Vincent Liew sued NYU Langone Medical Center on a medical malpractice theory claiming that hospital doctors and personnel acted below the standard to care when they surgically implanted a kidney from a donor who had uterine cancer. As a result of the cancerous kidney being implanted into his body, Mr. Liew developed and died from cancer.

Defendants' denied wrongd... More...
   $0 (05-28-2010 - )

Bobbie Thomas v. Wayne Hardwick, M.D., et al.

Bobbie Thomas appeals from a judgment entered on a defense verdict in her wrongful death suit against Dr. Wayne Hardwick, his practice group, and Washoe Medical Center. Her suit alleges that medical malpractice led to her husband’s preventable heart attack and death two weeks after Dr. Hardwick saw him for chest pain complaints in WMC’s emergency room. On appeal, Thomas asserts that errors b... More...   $0 (05-27-2010 - NV)

Aubert A. Godbout, et al. v. WLB Holding, Inc.

[¶1] Aubert A. and Christiane Godbout1 appeal from a judgment entered in the Superior Court (Cumberland County, Nivison, J.) dismissing as time-barred their products liability complaint against WLB Holding, Inc., f/k/a W.L. Blake & Co. The Godbouts contend that the court’s application of the Maine Business Corporation Act’s statute of repose to their complaint violates the purposes of the Act... More...   $0 (05-27-2010 - ME)

Tracey Wallace and Eric Wallace v. Jonathan S. McGlothan

Dr. Jonathan S. McGlothan attempted to correct Tracey Wallace’s vision problems through eye surgery, but the procedure ended up causing more harm than good. Tracey and Eric Wallace brought a diversity suit against Dr. McGlothan for medical malpractice under Indiana law. After a trial on causation and damages, the jury returned a verdict for the Wallaces and awarded nearly $700,000 in damages. On... More...   $700000 (05-27-2010 - IN)

Corey Frey v. AT&T Mobility, L.L.C f/k/a Cingular Wireless; AT&T Corporation

Corey Frey appeals the district court’s dismissal of his diversity action. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.


Ernest Frey was the guardian of his eighty-two-year-old mother, Geraldine Frey.1 Responding to Cingular Wireless2 advertisements stating that “cell phones provide[] additional safety and security to users since they could call from almost any lo... More...
   $0 (05-21-2010 - OK)

Stephen Harris v. Bradley Memorial Hospital and Health Center, Inc.

This appeal arises from the summary suspension of the medical privileges of the plaintiff, Stephen Harris, a physician, by the defendant, Bradley Memorial Hospital and Health Center, Inc. The plaintiff appeals from the judgment of the trial court in favor of the defendant, rendered following the court’s grant of the defendant’s motion for judgment notwithstanding the verdict and for remittitur... More...   $0 (05-18-2010 - CT)

Victoria Little v. Dr. Roger E. Schneider, Dr. Mark D. Gonze and Vascular Surgery Associates

Victoria Little sued Dr. Roger E. Schneider, Dr. Mark D. Gonze and Vascular Surgery Associates on medical malpractice theories claiming that the surgical care provided to her during a surgery on blocked arteries in 2007 fell below the standard of care and harmed her. Specifically, she claimed Defendants used an improper grafting technique that led to blood loss and various injuries, including dama... More...   $3500000 (05-15-2010 - MD)

Bruce Hills v. United Parcel Service, Inc., et al.

¶1 In this appeal we consider for the first time whether Utah should recognize a cause of action for third-party spoliation of evidence. Bruce and Judith Hills sued United Parcel Service, Inc. (“UPS”) and Liberty Mutual Fire Insurance Co. for destroying evidence related to the death of their son, Mark Hills. Mark Hills’ death is the subject of a wrongful-death suit against Skyline Electric ... More...   $0 (05-14-2010 - UT)

David Hayes, M.D., et al. v. Janet Carroll

This appeal presents issues arising from the expert report requirements of civil practice and remedies code section 74.351. See Tex. Civ. Prac. & Rem. Code Ann. § 74.351 (West Supp. 2009). Appellants--all of them physicians or nurses--appealed the trial court's order denying their motions to dismiss appellee Janet Carroll's health care liability claims for failure to timely serve an expert repor... More...   $0 (05-14-2010 - TX)

Daniel Stroud, M.D. v. Jerry Grubb, individually and as representative of The Estate of Lonnie Grubb, Deceased

In this interlocutory appeal, we decide the proper deadline for filing an expert report corresponding to a defendant who is added to an existing lawsuit. Jerry Grubb, individually and as representative of the estate of Lonnie Grubb, sued Dr. Amilcar Avendano for wrongful death, negligence, and gross negligence. A year after filing the initial petition, Grubb filed an amended petition, naming Dr... More...   $0 (05-13-2010 - TX)

Janet Bridges v. St. John Medical Center, OMNI Medical Group and Trudy J. Milner, D.O.

Janet Bridges sued St. John Medical Center, OMNI Medical Group and Trudy J. Milner, D.O. on medical negligence (medical malpractice) theories.

The claims made and defenses asserted are not available.... More...
   $0 (05-11-2010 - OK)

Otis J. McDuffie v. Dr. John W. Uribe

Former Dolphins wide receiver O.J. McDuffie sued John Uribe on a medical malpractice theory claiming that Dr. Uribe acted below the standard of care when he treated him in 1999 for an injured toe and, as a direct result, McDuffie's football career ended prematurely. McDuffie claims Uribe told him he could continue to play despite tendon damage shown on MRIs. McDuffie suited up for nine games in 20... More...   $11500000 (05-08-2010 - FL)

David Hutcherson v. John W. Anderson, M.D. and Orthopedic Associates, Inc.

David Hutcherson sued John W. Anderson, M.D. and Orthopedic Associates, Inc. on medical negligence (medical malpractice) and respondeat superior theories claiming that on June 12, 2006 Anderson acted below the standard of care in providing orthopedic care to Plaintiff. Specifically, Plaintiff claimed that Dr. Anderson treated him for an on-the-job injury to his knee. He claimed that the care that... More...   $0 (05-06-2010 - OK)

Ingenix v. Susan Ham

Gerald Ham's health insurer, UnitedHealthcare, paid almost all of Ham's medical bills relating to a medical procedure that ultimately resulted in his death. After settling with the medical providers in a medical malpractice lawsuit, Ham's estate (the Estate) contended that it was only required to reimburse UnitedHealthcare a reduced amount according to the formula set out in section 768.76(4), Flo... More...   $0 (05-05-2010 - FL)

Gerald Seems v. Michael O'Brien, D.O.

Gerald Seems sued Michael O'Brien, D.O. on a medical negligence (medical malpractice) theory. Plaintiff claimed that Dr. O'Brien's care in December of 2006 when he performed surgery on him for carpal tunnel release and reapir of the median nerve on his dominate hand fell below the standard of care when he severed the nerve. Plaintiff claimed that the medical negligence of Defendant directly cause... More...   $1 (05-04-2010 - OK)

Heidi Happel v. Walmart Stores, Inc.

Heidi Happel was diagnosed with Multiple Sclerosis in 1990. After the diagnosis, she did not experience any symptoms of the disease until August 1993, when a Walmart pharmacy negligently filled—and Heidi ingested—a prescription with Toradol, a medication to which Heidi was allergic. Heidi believed that the medication, which triggered a severe reaction, was the impetus for a rapid decline in he... More...   $0 (04-28-2010 - IL)

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