104 results for 'nos:"Personal Injury - Medical Malpractice - Torts - Personal Injury"'.
J. Leung largely denies the orthopedic clinic's motion for a new trial or remittitur in the patient's case against it related to compartment syndrome he developed after a surgery performed at the clinic. The clinic has not demonstrated that any evidentiary errors substantially influenced the jury's verdict, nor that alleged attorney misconduct in closing arguments is sufficient to warrant a new trial. The jury's damages award was, however, so excessive at $110 million as to warrant remittitur, particularly given its status as the largest award in a medical malpractice or personal injury case in Minnesota history and the patient's continued ability to walk and go about his daily activities. The patient is offered the choice to accept $10 million in non-economic damages or to retry on the issue of non-economic damages. A $1.25 million economic damages award stands.
Court: USDC Minnesota, Judge: Leung, Filed On: October 26, 2023, Case #: 0:19cv2568, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Damages, Medical Malpractice
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J. Rice grants the not-for-profit Catholic healthcare system's motion for a protective order regarding the patient's complaint that the former's treating physician performed unnecessary surgery that damaged the patient's lower spine. Because the patient and the not-for-profit Catholic health care system cannot agree on specific days when Dr. Yam will be deposed, Dr. Yam and his counsel will work with the parties to schedule his deposition before or on Nov. 3, 2023, an achievable date considering Dr. Yam and his counsel have been on notice for a deposition since April 2023 and they have tried to work out a date since October 2023.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: October 19, 2023, Case #: 4:21cv5042, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Discovery, Medical Malpractice
J. Murphy dismisses a lawsuit filed by the estate of a woman who was allegedly denied care by emergency medical technicians when she could not breathe, was struggling to walk, and had low blood oxygen levels. The estate fails to state a claim under the Fourteenth Amendment's "state-created danger" doctrine. The woman was not more vulnerable to harm because of the technicians' actions.
Court: USDC Eastern District of Pennsylvania, Judge: Murphy, Filed On: September 19, 2023, Case #: 2:23cv0155, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Constitution, Ada / Rehabilitation Act, Wrongful Death
J. Wormuth denies the patient's motion for a new trial, ruling questioning by the dentist's attorney about the patient's sexual assaults, which resulted in his present disability, conformed with this court's limiting instruction and did not unfairly influence the jury. Meanwhile, evidence about the patient's smoking history was not prejudicial because it was contained in numerous medical records admitted without objection, while he could also have testified about whether he smoked immediately after the dental implant surgery.
Court: USDC New Mexico, Judge: Wormuth, Filed On: September 13, 2023, Case #: 1:21cv492, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Evidence, Jury, Medical Malpractice
J. Keesler grants a hospital system its motion to compel and its motion for protective order following allegations of medical malpractice brought by a husband and wife after the husband allegedly had two strokes under the hospital’s care. It was found that the husband and wife have not answered all the requests for discovery from the hospital, so they are ordered to complete discovery. Also, the husband and wife’s counsel have allegedly sent threatening emails to the system and thus are ordered to stop under the protective order.
Court: USDC Western District of North Carolina, Judge: Keesler, Filed On: September 6, 2023, Case #: 3:22cv317, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Health Care, Discovery, Medical Malpractice
[Consolidated] J. Conley grants the federal government's motions to sever and remand in two lawsuits from a pro se citizen bringing multiple claims against state and federal employees, including allegations that they falsely called the police on him, disclosed his private medical records and wrongfully prescribed him medications for his mental illness. In one case the citizen's claims against a doctor are dismissed and all his motions for appeal are denied, and in both cases all of his remaining claims are remanded to state court. Overall, both cases and at least seven other pending lawsuits from the citizen are dismissed with prejudice as sanctions for his repeated incivility toward court officials and disregard of directives issued to him. The clerk of court is to forward any of the citizen's filings to the judge's chambers, and court staff are instructed to ignore the citizen's emails.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: September 1, 2023, Case #: 3:23cv380, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Civil Rights, Sanctions, Medical Malpractice
J. Wood grants the hospital's motion for partial summary judgment in a medical malpractice and fraud action brought by the couple arising from chronic pain and other health complications suffered by the husband after a septoplasty and inferior turbinate reduction procedure. The couple also alleged the hospital altered and fabricated parts of the husband's medical records. The couple's informed consent, Georgia Health Records Act and punitive damages claims are dismissed. There is no genuine issue of fact as to the hospital's compliance with Georgia's informed consent law and there is no evidence showing that the husband was under anesthesia when he signed the informed consent form.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: August 31, 2023, Case #: 2:21cv21, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Fraud, Medical Malpractice
J. Robart grants MultiCare Health System’s motion to quash the patients' subpoena regarding the latter's medical malpractice lawsuit, which alleges that the hospital encouraged two of its neurosurgeons to perform medically unnecessary spinal surgeries in order to collect reimbursement from government health insurance programs. MultiCare is ordered to participate in the parties' jurisdictional discovery with the added provision that the proposed class members' citizenship information is necessary, because the jurisdictional inquiry will need to know if the citizen of the state is in fact a citizen of the United States.
Court: USDC Western District of Washington, Judge: Robart, Filed On: July 24, 2023, Case #: 2:22cv915, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Discovery, Medical Malpractice, Class Action