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Medical Malpractice Law
Jay Michael Raley v. Dr. Charles Wagner

On December 8, 1997, appellant, Jay Michael Raley, filed a medical malpractice action against appellee, Dr. Charles Wagner. Appellant, who was born January 16, 1979, was eighteen years old at the time the complaint was filed. Appellant suffers from Hirschsprung Disease, a disease of the colon. In his complaint, appellant alleged that appellee, a pediatric surgeon, had negligently performed a "Soav... More...   $0 (10-11-2001 - AR)

Cindy L. Au and Kerwin M. T. Au vs. Glenn M. L. Pang, M.D. and Glenn M. L. Pang, M.D., Inc.

Medical Malpractice --- "Pure Informed Consent"

Following eight days of trial and one day of deliberations, a 12-person Hawai‘i First Circuit Court jury returned a unanimous verdict awarding a total of almost $975,000 to a Honolulu woman and her husband in a medical tort case against a gastroenterologist alleging failure to obtain informed consent to an endoscopic retrograde cholangio... More...   $975000 (10-09-2001 - HI)

Anderson v. Assimos

Margaret Wrenn Anderson (Plaintiff) appeals an order filed 14 December 1999 granting the motion of Dr. Dean George Assimos (Dr. Assimos), Dr. R. Lawrence Kroovard, Dr. Mark R. Hess, Wake Forest University Physicians, Wake Forest University Baptist Medical Center, The Medical Center of Bowman Gray School of Medicine, NorthCarolina Baptist Hospital, and The North Carolina Baptist Hospitals, Inc. (co... More...   $0 (10-02-2001 - NC)

Tullo v. Tartack

Medical Malpractice - Improper treatment of posterior tibial tendon dysfunction with resulting tendon rupture as a result of steroid injections. Fifty-two year old dog trainer went to defendant with complaints of heel and along the inside of her arch. The ruptured tendon was repaired by a orthopedic surgeon.... More...   $917000 (10-01-2001 - NY)

Paglia v. Menche

Medical Malpractice - negligent damage to the anterior cruciate ligament of 39-year-old woman during procedure to remove synovial fluid from plaintiff's knee after surgery to remain a torn meniscus.

Defendant claimed that the damage to the ligament was caused by a post operative infection.... More...   $300000 (10-01-2001 - NY)

Greenberg v. City of New York, et al.

Governmental Tort Claim and Medical Malpractice - Plaintiff, a 57-year-old garment executive tripped on an uneven sidewalk, fell and sustained a trimalleolar fracture of his leg. He was treated by open reduction and fixation but developed an infection, which ultimately resulted in amputation of the leg below the knee. Plaintiff claimed that the sidewalk was defective and that the surgeon was neg... More...   $3000000 (09-30-2001 - NY)

Labanca v. Hamden Internal Medical Associates

Medical Malpractice - Failure to properly and fully advise of need for follow-up treatment indicated by an electrocardiogram performed during a checkup. John Labanca, age 53, died of a massive heart attack. Kitty Labanca claimed that Dr. Charles Rethy failed to inform Mr. Labanca fully of the need to properly follow-up with a cardiologist.... More...   $1600000 (09-30-2001 - CT)

Clara Frazier v. East Tennessee Baptist Hospital, Inc.

On May 8, 1998, plaintiff, in her capacity as estate administrator, brought this medical malpractice claim against defendant East Tennessee Baptist Hospital and Mark W. Jackson, M.D., in Knox County Circuit Court. On August 7, 1998, plaintiff moved for and was granted a voluntary dismissal without prejudice as to East Tennessee Baptist Hospital only. On August 5, 1999, plaintiff, seeking to rejoin... More...   $0 (09-30-2001 - TN)

Audra Nichole Nold v. Kernie W. Binyon, M.D., et al.

This first impression medical malpractice action arises from the pregnancy of Bonnie Nold and the later birth of her daughter Audra Nold. Joseph and Bonnie Nold, Audra's parents, on her behalf, alleged that certain physicians and a hospital were negligent in their care and treatment of Bonnie and Audra. We consider, in a managed care environment, the duty owed by the mother's physicians and the de... More...   $0 (09-29-2001 - KS)

Ashley Irvin v. Lindall E. Smith, M.D., et al.

This is a medical malpractice action arising from an undiagnosed ventriculoperitoneal shunt malfunction which ultimately caused permanent brain damage to Ashley Irvin. Irvin and her parents filed suit against several parties. The district court granted summary judgment in favor of Dr. Richard C. Gilmartin on the basis that there was no physician-patient relationship. All of the other parties have ... More...   $0 (09-28-2001 - KS)

Jane T. Blackburn v. Columbia Medical Center of Arlington Subsidiary, L.P.

In this medical malpractice case, Appellant Jane T. Blackburn, plaintiff in the trial court, advances three issues and appeals from two summary judgments granted in favor of Appellee Columbia Medical Center of Arlington Subsidiary, L.P. d/b/a Columbia Medical Center of Arlington (“Columbia”).1 In her first and third issue, Blackburn contends that Columbia was not entitled to judgmen... More...   $0 (09-27-2001 - TX)


In this medical malpractice suit the Trial Court granted a summary judgment in favor of Mountain States Health Alliance, d/b/a/ Johnson City Medical Center Hospital and five Doctors. The Trial Court overruled the Plaintiffs' motion to alter or amend his determination that all Defendants were entitled to summary judgment. As to the Doctors, the determination was predicated upon the motion to alter ... More...   $0 (09-27-2001 - TN)

Lisa Cooper, et al. v. Eagle River Memorila Hospital, Inc., et al.

Lisa Cooper sued Eagle River Memorial Hospital ("Eagle River") for medical malpractice on behalf of her deceased son. A jury returned a verdict in favor of Eagle River, and Cooper appeals several alleged errors at trial. For the reasons stated herein, we affirm.

On June 6, 1998, Cooper, who was approximately 30 weeks pregnant, was vacationing in Eagle River, Wisconsin. Cooper exp... More...   $0 (09-26-2001 - WI)

Kaila Marshall v. Hartford Hospital, et al.

The primary issues in this medical malpractice action brought by a mother on behalf of her minor child are whether there was a unity of interest between the two defendants, Victor C. Herson, a physician (defendant physician), and Hartford Hospital (defendant hospital), for purposes of determining the number of peremptory challenges in the selection of a jury, and whether the trial court pro... More...   $0 (09-25-2001 - CT)

Mercedes Rodriquez v. R. Todd Maxson, M.D.

Medical Malpractice - Plaintiffs claimed that defendant negligently removed a 2-year-old girl's thyroid cartilage causing her airway to collapse with resulting brain damage. Dr. Maxson was performing a thyroglossal-duct cyst removal when the error occurred.

Dr. Maxson claimed that the procedure was not negligently performed.... More...   $1288768 (09-14-2001 - TX)

Karen Pacheco v. Lawrence S. Allen, M.D.; Michael K. Miller, M.D.; Timothy R. Collins, M.D. and Colorado Permanente Medical Group, P.C.

In this wrongful death action, plaintiff, Karen Pacheco, appeals the judgment confirming the arbitration award entered in favor of defendants, Lawrence S. Allen, M.D., Michael K. Miller, M.D., and Timothy R. Collins, M.D. (defendant physicians), and Colorado Permanente Medical Group, P.C. (CPMG), their employer. We reverse and remand for further proceedings.

Plaintiff's husband died following... More...   $0 (09-13-2001 - CO)

Barbara Barke v. Edgar Maeyens, Jr., M.D.

Plaintiff, Barbara Barke, the personal representative of the estate of her deceased husband, Randall Barke, appeals from a judgment dismissing her wrongful death action on the ground that it was barred by the ultimate repose provision of ORS 12.110(4). She argues that that provision violates Article I, section 10, and Article I, section 20, of the Oregon Constitution. For the reasons set forth bel... More...   $0 (09-12-2001 - OR)

Douglas Solomon and Karla Solomon v. Desert Valley Hospital, Inc., et al.

Medical Malpractice - Douglas Solomon went to Desert Valley Hospital suffering from an asthma attack. He was seen by Dr. Beverly Nester, M.D., who prescribed an aerosol treatment with a nebulizer, to be followed by an i.v. "push" of Solumedrol, a steroid. Treatment commenced more than an hour after Mr. Solomon arrived at the hospital. Plaintiffs claimed that the nursing staff failed to assess h... More...   $5453311 (09-10-2001 - CA)

Cheryl Hagland, et al. v. John Hanni, M.D. and Charles Lynn, M.D.

Medical Malpractice - Plaintiff claimed that her physician failed to monitor her lithium levles with the result that she lost her kidneys. Mrs. Hagland's husband donated one of his kidneys to his wife but the transplant failed and she was forced to rely upon dialysis.... More...   $3215000 (09-10-2001 - IL)

Steffan v. Wisconsin Patient Compensation Fund

Medical Malpractice - Child born with severe brain damage. Danny Steffan sustained intracranial hemorhaging prior to birth due to a rare platelet incompatibility condition. Deborah Steffan had the same condition when she had a baby in 1985. She consulted with Dr. Jurgen Herrmann in an effort to avoid any complications relating to the condition. She claimed that Dr. Herrmann failed to properly ... More...   $7000000 (08-31-2001 - WI)

Coregis Insurance Company v. Baratta & Fenerty, Ltd., et al.

Appellants Anthony P. Baratta ("Baratta") and Baratta & Fenerty, Ltd. ("B&F ") appeal from judgments of the United States District Court for the Eastern District of Pennsylvania (the "District Court") (1) granting summary judgment in favor of appellee Coregis Insurance Company ("Coregis") and (2) denying Baratta's and B&F 's motion for relief from judgment based on newly discovered evidence.... More...   $0 (08-29-2001 - PA)

Imani Pitman v. Galen Hospital, et al.

Medical Malpractice - Imani Pitman was born on October 11, 1995 at Galen Hospital. During the course of the delivery, Imani sustained a brachial plexus injury to the right arm when the delivering physicians, Dr. Stambaugh, a resident and employee of Michael Reese Hospital and Dr. Marlene Green, the attending physician and an employee of Humana, failed to utilize the health care appropriate maneuv... More...   $1050000 (08-28-2001 - IL)

Robertson v. Besser

Medical Malpractice - negligent repair of an inguinal hernia in a 4-year-old girl. During the surgery, Dr. Arthur Besser inadvertantly cut the femoral artery. The damage was repaired but the growth of the leg was adversely affected with the result that it will be shorter than the other leg.... More...   $2000000 (08-24-2001 - IL)

Louis Knight v. Jean Loubeau, M.D.

Medical Malpractice - Plaintiff claimed that Defendant negligently placed surgical clamps during an abdominal aorta/iliac bypass surgery with the result that a shower of microscopic emboli passed to her lower extremities trashing her feet requiring partial amputation.... More...   $1125000 (08-24-2001 - NY)

Ribachonek v. New York University

Medical Malpractice - plaintiff fell at home when transferring from a wheelchair to a raised toilet seat. She was discharged form Rusk Institute early that day after receiving rehabilitative therapy for bilateral total hip replacement surgery. She claimed that the staff did not properly evaluate her ability to carry out activities of daily living, did not train her on appropriate home care device... More...   $0 (08-24-2001 - NY)

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