Infant Law
 
Karen Burton-Lister, et al. v. Siegel, Sivitz and Lebed Associates, et al.

1 This is an appeal from a judgment awarding $200,000 to Appellee Karen Burton-Lister, and $1,800,000 to her daughter, minor Appellee Tiffany Burton-Lister, in an action for medical malpractice.

2 On October 18, 1990, Appellee Tiffany Burton-Lister was born by Caesarian section after it became clear that the disproportion between the infant’s head circumference and the size of her mo... More...   $1800000 (05-01-2002 - PA)

Suzanne Bynum v. Cigna Healthcare of North Carolina, Inc.

Suzanne Bynum initiated this ERISA civil action in the District of South Carolina against CIGNA Healthcare of North Carolina, Incor- porated ("CIGNA"), maintaining that CIGNA had improperly denied her infant daughter's claim for health benefits for treatment of a skull deformity. The district court reversed CIGNA's decision and awarded the benefits sought by Ms. Bynum's daughter. CIGNA has ap... More...   $0 (04-22-2002 - SC)

Robert J. Zelnick v. Jonathan Ray Adams

In this appeal, we consider whether a contract for legal services entered into on behalf of a minor is voidable upon a plea of infancy or subject to enforcement as an implied contract for necessaries and, if enforceable, the basis for determining value of services rendered.

I. Facts and Proceedings Below

Jonathan Ray Adams ("Jonathan") was born on April 5, 1980, the natural chil... More...   $60000 (04-19-2002 - VA)

James v. James

This appeal involves issues resulting from the entry of two nonsuit orders and the subsequent imposition of contempt penalties and monetary sanctions, including the dismissal with prejudice of the two motions for judgment ostensibly nonsuited. The motions for judgment were filed May 4, 1999, one on behalf of Emily Katherine James and the other on behalf of Mary Elizabeth James, infants then ag... More...   $0 (04-19-2002 - VA)

Christopher and Kathleen Rice v. Margarita Pagan and Francesco Federico

The family of Joey Rice, a 4-year-old Newton boy, claimed that, as a premature infant, he received a massive overdose of a high-blood-pressure drug after pharmacists at Children's Hospital in Boston failed to dilute an adult medication. They asserted that the overdose triggered brain damage that left their son mentally retarded and suffering from cerebral palsy and seizures.

The defendants den... More...   $7100000 (03-29-2002 - MA)

Michael M. v. Arizona Department of Economic Security and Corianna M.

1 Michael M., father of Corianna M., born April 5, 2001, appeals from the juvenile court’s order of September 20, 2001, denying his request for visitation with Corianna at the Pima County Jail where he was then incarcerated. We agree with Michael that the juvenile court abused its discretion and therefore reverse.

2 The essential facts are undisputed. Corianna was adjudicated dependent ... More...   $0 (03-19-2002 - AZ)

Louis M. Kohus v. Cosco, Inc., Toys "R" US, Inc., R&R Resale, Inc. and The William Carter Company

Louis M. Kohus sued Cosco, Inc., Toys "R" Us, Inc. and R&R Resale, Inc. in the Southern District of Ohio for patent infringement and unjust enrichment. After the district court granted summary judgment of noninfringement and we affirmed without opinion, see Kohus v. Cosco, Inc., 250 F.3d 758 (Fed. Cir. 2000) (per curiam), the defendants sought to recover their costs from Kohus. The district court... More...   $0 (03-13-2002 - OH)

Ryan Dickerson, et al. v. United States

Plaintiffs sued the United States under the Federal Tort Claims Act (" FTCA") for damages to Ryan Dickerson incurred during his childbirth. The government acknowledged liability and the sole issue at trial was damages. The United States Government now appeals a judgment against it for damages of $44,717,681 on the grounds that the damages are limited by the plaintiffs' prior administrative claims... More...   $0 (01-16-2002 - TX)

Brownsville Pediatric Association, et al. v. Jaime Reyes, et al.

This is a medical malpractice case filed against appellants, Dr. Gloria Medina and her employer, Brownsville Pediatric Association, by appellee, Jaime Reyes, as next friend of Juan Pablo Reyes. A jury found Dr. Medina negligent in caring for Juan Pablo when he was a newborn. By seven issues, appellants contend (1) the evidence of medical causation is legally and factually insufficient, (2) the dam... More...   $8000000 (01-03-2002 - TX)

IN RE ADOPTION OF C.D.M.

1 Two issues are presented: 1) whether a father who was denied visitation and who was incarcerated for stalking and assaulting the mother and violating a victim's protective order (VPO) which was entered to protect the child and its mother from the father's acts of violence may rely on court orders to excuse his lack of relationship with the child; and 2) whether sufficient evidence was present... More...   $0 (12-05-2001 - OK)

Susan St. Romain, et al. v. Dr. Glen D. Luker, et al.

This medical malpractice case involves the issue of standing by the Louisiana Patient's Compensation Fund (PCF) to contest the liability of a qualified health care provider that entered into a settlement for less than $100,000, as well as the issue of prescription regarding the plaintiffs' medical malpractice action. For the following reasons, the judgment of the district court is affirmed.

... More...   $0 (11-09-2001 - LA)

Christopher Grecco v. University of Medicine and Dentistry of New Jersey

In Foldi v. Jeffries, 93 N.J. 533, 546-47 (1983), the Supreme Court preserved the doctrine of parental immunity in cases involving the negligent exercise of parental authority or provision of customary child care. However, if the parents' behavior is willful and wanton, the parental immunity doctrine does not apply. Id. at 547. In this case, plaintiffs Richard and Sabrina Grecco (plaintiffs), indi... More...   $0 (11-07-2001 - NJ)

Stacey Morrell, et al. v. Phlip Mock, et al.

Three law enforcement officers, acting on directions from two assistant state's attorneys, took Stacey Morrell's child from her home in Illinois and gave the child to his putative father pursuant to an ex parte order issued by a New Mexico court. In this appeal we must decide if Morrell has stated a claim for deprivation, without due process, of a constitutionally protected liberty inte... More...   $0 (11-01-2001 - IL)

Debra Marie Ramirez, et al. v. Douglas K. McIntyre, M.D.

Appellants, Debra Marie Ramirez and Victor Bocanegra (collectively "appellants"), appeal the trial court's grant of summary judgment in favor of appellee, Dr. Douglas McIntyre, in a medical malpractice action for damages resulting from the labor and delivery of their son, Colby Alan Ramirez. We will reverse the trial court's judgment and remand the cause.

Background

On April 23, 1998, Deb... More...   $0 (10-25-2001 - TX)

Rowena Regala, et al. v. Rush North Shore Medical Center, et al.

Plaintiffs, Rowena and Roberto Regala, brought a medical malpractice action individually and on behalf of their infant son, Ryan Regala, against defendants, Rush North Shore Medical Center (the hospital), Arlene Boyle, R.N., Rose Monahan, R.N., Doctor Bernard Michael Nagel and Women's Health Consultants (WHC). A jury verdict was rendered in favor of all defendants. The circuit court denied plainti... More...   $0 (08-10-2001 - IL)

Rowena Regala, et al. v. Rush North Shore Medical Center, et al.

Plaintiffs, Rowena and Roberto Regala, brought a medical malpractice action individually and on behalf of their infant son, Ryan Regala, against defendants, Rush North Shore Medical Center (the hospital), Arlene Boyle, R.N., Rose Monahan, R.N., Doctor Bernard Michael Nagel and Women's Health Consultants (WHC). A jury verdict was rendered in favor of all defendants. The circuit court denied plainti... More...   $0 (08-10-2001 - IL)

Amy Kohls v. Beverly Enterprises Wisconsin, Inc. d/b/a Maple Manor Healthcare

Plaintiff- appellant Amy Kohls claims that her employer, Beverly Enterprises Wisconsin, Inc. d/b/a Maple Manor Healthcare ("Beverly"), failed to reinstate her at the conclusion of her maternity leave in violation of the Family and Medical Leave Act ("FMLA")./1 We find that Kohls has not proven that Beverly violated her rights under the FMLA and thus we affirm the district court's grant o... More...   $0 (08-01-2001 - WI)

Antunes v. County of Nassau

Medical Malpractice - Failure to properly monitor respirator being used to ventilate infant with the result that the child's oxygen saturation level dropped with resulting brain damage. Plaintiff alleged that defendant's employees failed to check the endotracheal tube which was for almost five hours.... More...   $75000000 (07-16-2001 - NY)

Plaintiff Latonia Clark, as administrator of the estate of Ashanti Beasley, brought a medical negligence action to recover damages for the wrongful death of her son, Ashanti Beasley. Plaintiff sued defendants Galen Hospital Illinois, Inc., d/b/a Columbia Michael Reese Hospital and Medical Center (Michael Reese Hospital); John B. Payton, M.D.; Dr. Zubair Amin #6200; Dr. Wasef, a/k/a Vassef (Wasef);... More...   $0 (05-10-2001 - IL)

Womancare of Southfield, P.C. v. Granholm

These two cases are consolidated and are before the Court on the plaintiffs’ Motion for Summary Judgment. Plaintiffs are physicians practicing obstetrics and gynecology, and providers of women’s reproductive health services. The sole remaining defendant is Jennifer Granholm, in her official capacity as the Attorney General for the State of Michigan.

On March 9, 2000, the Court ... More...   $0 (04-26-2001 - MI)

Iorio ex rel. s. Simone

This is an appeal from a judgment denying liability coverage and a defense to an insured, James Simone, Sr., under a homeowner's policy for a claim arising from an accident occurring off the insured's premises involving the insured's motorized go-cart. The circumstances resulting in the accident commenced on the apron of the insured's driveway and ended when the go-cart left the traveled portion o... More...   $0 (04-25-2001 - NJ)

Kassama v. Magat

In this “wrongful life” case, an infant plaintiff asserts that she would have been better off if she had never been born and that she should have been aborted. This presents a question of first impression in Maryland, viz:

May a doctor whose negligence caused a mother not to abort her pregnancy be successfully sued for “wrongful life” by a genetically defective ch... More...   $0 (02-28-2001 - MD)

Gold v. United Helath Services Hospitals

Social Services Law § 104(2) limits the amount that a public welfare official may recoup from an infant who receives public assistance benefits. In these two cases, we must decide whether Medicaid's recoupment provisions are subject to this limitation. We conclude that they are not.

Kimberly Santiago

Kimberly Santiago, an infant, was allegedly poisoned by lead paint in her apartment. Beni... More...   $0 (02-15-2001 - NY)

Shirley Gasper v. Wal-Mart Stores, Inc.

Wrongful Termination - Defendant fired plaintiff after she gave a photograph of a infant developed by Wal-Mart to the police without management approval. The photograph depicted a bruised infant crawling in a pile of marijuana and money. Shirley Gasper claimed that Wal-Mart's policy violated the Nebraska law that requires citizens to report suspected child abuse or neglect. Wal-Mart took the po... More...   $0 (01-19-2001 - NE)

Gustavo Del Muro Pinon, et al. v. Pacific Oasis L.L.C.

Personal Injury and wrongful death case: Plaintiffs’ Prayer(s)- for Gustavo Del Muro Pinon: just and reasonable compensatory damages; past medical expenses totaling $926,662.66; future medical expenses to surgically repair heterotopic ossicans of both elbows and complete therapy will be at least $50-75,000 depending on whether artificial elbow joints need to be implanted.

Leonardo D... More...   $0 (09-22-2000 - AZ)

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