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Medical Malpractice Law
Anne Schmiedt v. Nathan H. Loewen, M.D.

[¶1.] Anne and Darin Schmiedt sued Dr. Nathan Loewen for medical malpractice arising out of complications following the placement of an intrauterine device (IUD). Dr. Loewen moved for summary judgment, arguing that the statute of limitations had expired. Schmiedts argued that their action was timely because: the IUD was a “foreign object”; their claim fell within the continuing tort doctrine;... More...   $0 (09-22-2010 - SD)

Annie Mack-Evans v. Hilltop Healthcare Center, Inc.

This appeal was brought by Annie Mack-Evans, as personal representative of the estate of Mamie Mack, appellant/plaintiff below (hereinafter referred to as “Ms. Evans”), from an order of the Circuit Court of Fayette County granting summary judgment in favor of Oak Hill Hospital Corporation, appellee/defendant below (hereinafter “the Hospital”). The sole issue presented in this appeal is wh... More...   $0 (09-16-2010 - WB)

Chad Nordgren v. IHC Health Services, Inc. dba Sevier Valley Family Clinic

¶1 Chad Nordgren appeals from the district court's memorandum decision and order dismissing his loss of consortium action against IHC Health Services, Inc.; Jeffrey Brown, DO; and Roger D. Bloomquist, MD (collectively, IHC). In light of events that have occurred in a related arbitration proceeding since the entry of the district court's order, we dismiss Mr. Nordgren's appeal as moot.

BACK... More...
   $0 (09-10-2010 - UT)

Jonette Anson v. Star Brite Inn Motel

[¶1.] Jonette Anson (Anson) failed to file a personal injury claim within the three-year statute of limitations. The circuit court denied her motion to extend the statute of limitations under the doctrine of equitable tolling. We affirm.


[¶2.] On December 23, 2004, Eleshia Zahrbock, Peyton Gerry, Justin Zahrbock, and Anson were guests at the Star Brite Inn (Star Brite), a... More...
   $0 (09-08-2010 - SD)

Judith Thomas v. Eugene N. Clayton, III, M.D.

Judith and John Thomas appeal the trial court’s grant of Dr. Eugene Clayton’s no-evidence summary judgment motion in a health care liability suit. We affirm.

Factual and Procedural Background

Judith and John Thomas (collectively “Thomas”) filed a medical malpractice lawsuit against Dr. Eugene Clayton in May 2008, and served Dr. Clayton with a 120-day expert repor... More...
   $0 (09-08-2010 - TX)

Laurie DeNeui v. Dr. Bryan Wellman

Laurie DeNeui, age 43, sued Dr. Bryan Wellman on a medical negligence theory (medical malpractice) claiming that the neurological neck surgical care that he provided to her left her permanently disabled. Plaintiff sought $120,000 in medical expenses and $1.5 million in actual and anticipated loss of income from Plaintiff's loss of her job as a sixth-grade schoolteacher. Plaintiff fell down a fligh... More...   $0 (09-04-2010 - SD)

Sandra Corrales Favila v. Katten Muchin Rosenman, L.L.P.

The assets of Motion Graphix, Inc. were sold to Get Flipped, Inc. after the death of Motion Graphix‟s founder and shareholder, Richard Corrales. The Estate of Richard Corrales (Estate) through its executor Sandra Corrales Favila, Corrales‟s sister, sued Get Flipped and its founder, Raleigh Souther, who was Motion Graphix‟s only other shareholder, for claims including conversion, breach of fi... More...   $0 (09-03-2010 - CA)

Terry L. Smith v. Patrick L. Radecki, M.D.

Terry Smith injured his back while working for CSK Auto, Inc. (CSK) and brought a workers’ compensation claim. CSK arranged for Dr. Patrick Radecki to perform an independent medical examination to assess Smith’s condition. Dr. Radecki examined Smith and reported that he had no physical injury resulting from the incident. But Smith later underwent an MRI which revealed several spinal problems, ... More...   $0 (08-27-2010 - AK)

Gina M. Arnold v. David Grigsby, M.D.

¶1 Plaintiffs Gina M. and Charlie S. Arnold appeal the trial court's summary judgment order in favor of defendant David Grigsby, M.D., which determined that, pursuant to the generally applicable tolling statute, see Utah Code Ann. § 78-12-35 (2002),1 the statute of limitations was not tolled by Dr. Grigsby's departure from the state of Utah and that the Arnolds' claims were time-barred by the tw... More...   $0 (08-26-2010 - UT)

Jennifer Ottens v. Dan McNeill and Nickolas Coleman

¶1 Plaintiff Jennifer Ottens appeals from various procedural and evidentiary rulings and from the trial court's entry of a directed verdict in favor of Defendant Dan McNeil (Dan). We reverse and remand in part, and affirm in part.


¶2 Ottens's lawsuit stems from injuries she sustained in a March 29, 2002 automobile accident. The accident occurred on Interstate Highway 15 ... More...
   $0 (08-26-2010 - UT)

Koral Moore v. Woman To Woman Obstetricas & Gynecology, L.L.C.

Plaintiffs Monica and Kevin Moore are the parents of Koral Moore, who has Down Syndrome. Due to Monica's age, her pregnancy was considered high risk. Her doctor, defendant Lisa Vernon, M.D., practicing with defendant Woman to Woman Obstetrics & Gynecology, L.L.C., referred Monica to defendants Carlos Fernandez, M.D., and Premier Perinatal, L.L.C. (Premier). Plaintiffs filed a complaint alleging me... More...   $0 (08-21-2010 - NJ)

Evelyn Rivera v. First Databank, Inc.

Defendant First DataBank, Inc. appeals from denial of its special motion to strike the negligence and breach of contract causes of action in the complaint filed by plaintiffs Evelyn Rivera, Beau Rivera, Steven Rivera, Jenna Rivera, and Corryn Rivera. (anti-SLAPP motion; Code Civ. Proc., § 425.16; all further references are to this code unless otherwise stated.) It contends the court erred when it... More...   $0 (08-19-2010 - CA)

Dr. Herand Abcarian v. Timothy McDonald

After learning that the settlement of a medical malpractice claim against him had been reported to state and national professional authorities, Dr. Herand Abcarian filed this suit against the University of Illinois and a number of its employees alleging numerous violations of his constitutional rights. The district court dismissed the amended complaint in its entirety and entered a judgment dismis... More...   $0 (08-16-2010 - IL)

Estate of Cory Fine v. Shands Teaching Hospital and Clinics, Inc.

The family and estate of Cory Fine sued the Shands Teaching Hospital and Clinics, Inc. on a medical negligence (medical malpractice)theory for his wrongful death in 2002. Fine died during a CT scan procedure after undergoing gastic bypass surgery from apparent oxygen deprivation. He was survived by his wife, Lisa, and 10-year-old son, Tyler.

The defenses asserted by Defendant are not avail... More...
   $6200000 (08-13-2010 - FL)

Michael King v. Carol Willmet

In this case we primarily consider whether, in a negligence action against a nonpublic defendant, the reduction of a plaintiff‟s award of past medical expense damages to the dollar amount ultimately paid by the plaintiff‟s private health insurance to his health care providers is appropriate under the collateral source rule. In light of the public policy conclusions expressed by our state Supre... More...   $0 (08-10-2010 - CA)

Rozanna Csiszer v. Mary Wren

Rozanna and Charles Csiszer sued the hospital and obstetrician that provided care to Rozanna during the birth of their daughter, Allison Csiszer. The complaint alleged that negligent care during the delivery was the proximate cause of Allison’s cerebral palsy. The jury returned a verdict for the defendants. The Csiszers appeal, arguing that the district court1 committed several errors in its con... More...   $0 (08-06-2010 - AR)


In this action filed pursuant to Puerto Rico's medical malpractice law, Articles 1802 and 1903 of the Puerto Rico Civil Code, P.R. Laws Ann. tit. 31, §§ 5141-42, and the federal Emergency Medical Treatment and Active Labor Act ("EMTALA"), 42 U.S.C. § 1395dd, the district court excluded the testimony of the plaintiffs' lone expert witness at trial. As a result of the court's ruling, the plaintif... More...   $0 (08-01-2010 - PR)

Texas Tech Healthcare Systems v. Emilio Chavez, Jr.

Emilio Chavez, Jr., an inmate in the Texas Department of Criminal Justice – Institutional Division, filed a pro se suit against Dr. Ben Luong, Dr. John P. Lavelle, and Texas Tech Healthcare Systems alleging medical malpractice. The trial court entered an order dismissing all causes of action against Dr. Luong.[1] The trial court granted Texas Tech’s plea to the jurisdiction. Chavez appeals ... More...   $0 (07-30-2010 - TX)

Southwest Regional Specialty Hospital v. Mario Perea

Appellant, THI of Texas at Lubbock I, LLC, (THI), d/b/a Southwest Regional Specialty Hospital (Southwest Hospital) appeals from a judgment entered following a jury trial in a medical malpractice action seeking wrongful death and survival damages in favor of Appellees, Max Perea, Mario Perea, Tony Perea, and George Perea (collectively Perea), and the estate of their deceased father, Jacob Perea (Ja... More...   $0 (07-28-2010 - Tx)

Vonnie Cornett v. Johnson & Johnson and Cordis Corp.

At issue in these consolidated appeals is whether State causes of action in strict product liability, breach of express and implied warranty, and derivative claims for alleged defects in a medical device, the Cypher® Sirolimus-Eluting Coronary Stent (Cypher or device), manufactured by defendant Cordis Corporation (Cordis or defendant) are preempted by the Medical Device Amendments of 1976 (M... More...
   $0 (07-23-2010 - NJ)

Marguerite F. Freeman v. X-Ray Associates, P.A. and Randall W. Ryan, M.D.

In this medical malpractice dispute, Marguerite F. Freeman appeals from a directed verdict granted in favor of Dr. Randall Ryan and X-Ray Associates, P.A. Freeman contends that 18 Del. C. § 6853 creates a presumption of negligence when a surgical procedure is performed on the wrong organ, which may be rebutted but only before a jury. In response, Dr. Ryan asserts that Freeman’s liver biopsy was... More...   $0 (07-22-2010 - DE)

Linda Van Dyke v. Glaxosmithkline

Plaintiff-Appellant Linda Van Dyke, representative of the Estate of Jack Van Dyke, appeals from the grant of summary judgment in favor of the United States on her Federal Tort Claims Act (“FTCA”) claims, 28 U.S.C. §§ 1346(b), 2671-80. Ms. Van Dyke argues that the district court erred in concluding that her husband’s suicide was an intervening cause that precludes government liability for n... More...   $0 (07-21-2010 - WY)

Mauricio Martinez-Partido v. Methodist Specialty and Transplant Hospital

This is an appeal from the trial court’s dismissal of appellant’s medical malpractice claim against appellees. The dismissal is based on appellees’ objections to the qualifications of appellant’s experts. We reverse and remand.


In January 2000, appellant had an AMS 800 Artificial Urinary Sphincter implanted. Appellant underwent another surgery, in Fe... More...
   $0 (07-21-2010 - TX)

Wisconsin Medical Society, Inc. v. Michael L. Morgan

This case is before the court on certification from the court of appeals pursuant to Wis. Stat. § (Rule) 809.61 (2007-08).[1] As part of the 2007-2009 state budget, 2007 Wis. Act 20 (the Act), the legislature transferred $200 million from the Injured Patients and Families Compensation Fund (the Fund) to the Medical Assistance Trust Fund (MATF). 2007 Wis. Act 20, § 9225. To implement the Act, ... More...   $0 (07-20-2010 - WI)

Joanne Law v. Daniel Griffith

General Laws c. 233, § 79G (§ 79G), concerns, in part, the admissibility of medical bills "as evidence of the fair and reasonable charge" for medical services provided. [FN1] In this negligence action in which the plaintiff sought to recover damages for personal injuries, a Superior Court judge determined that the plaintiff's medical bills could be excluded from evidence under § 79G because the... More...   $0 (07-20-2010 - MA)

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