18 results for 'cat:"Health Care" AND cat:"Tort"'.
J. Fitzwater finds that a patient, who claimed that a veterans’ medical center failed to notify him about aspects of his heart and lung conditions and failed to take proper steps to care for aspects of his condition, has not provide sufficient evidence to prove his claims. The patient did not provide evidence that notification would have changed his health outcome and the overall body of evidence indicates that the treatment he received either did not fall below the standard of care or was not shown to have a connection to an adverse outcome.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: April 30, 2024, Case #: 3:22cv982, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: health Care, tort, Medical Malpractice
Per curiam, the circuit finds the district court properly dismissed the complaint. The clean-up worker associated with the Deepwater Horizon oil spill, never having received notice he was part of the approved medical class, developed heart issues his physicians attributed to weight. The complaint does not plausibly allege that had the worker made a reasonable inquiry at the time of his diagnosis he would likely not have found he was part of the class, or able to show a causal connection between his exposure and symptoms. The claims are untimely.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 19, 2024, Case #: 23-30552, Categories: health Care, tort, Class Action
J. Conley denies health care providers' motion to dismiss an estate's claims. A man hung himself with a bedsheet and died in his cell, while in the custody of the county jail. The estate filed a lawsuit against the court, jail employees, and healthcare providers who treated the decedent, but later amended the complaint to include additional health care providers. The providers motioned to dismiss the matter claiming the estate did not exercise due diligence in identifying all of the decedent's health care providers, and that it exceeded the statute of limitations when it amended the complaint to name them. It is possible that the amended complaint was timely filed.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: April 18, 2024, Case #: 23cv167, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: health Care, tort, Negligence
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[Consolidated.] J. Bell partially grants the pharmaceutical company Merck & Co.’s motion for partial judgment on the pleadings in a suit involving more than 200 litigants claiming a design defect in its human papillomavirus vaccine, Gardasil, after they experienced adverse health effects including mobility issues, short-term memory loss and chronic fatigue. However, Merck does not violate the federal Vaccine Act’s direct warning statute just because the litigants’ medical providers failed to issue a warning of the vaccine’s potential side effects.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: March 20, 2024, Case #: 3:22md3036, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Corporations, health Care, tort
J. Lanza grants the Department of Veterans Affairs' motion for summary judgment concerning Federal Tort claims brought by the widow of a U.S. army veteran, now deceased, who suffered post trauma while serving his country in Iraq. The Department of Veterans Affairs sufficiently showed in court that a nurse that treated him at the VA clinic was not responsible for his death by suicide based on a negative screen for a suicide risk and low depression scale assessments.
Court: USDC Arizona, Judge: Lanza, Filed On: February 22, 2024, Case #: 2:20cv2275, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: health Care, tort, Negligence
J. Smith finds that the trial court properly ruled against the inmate in his suit alleging he received inadequate medical care from the University of Texas Medical Branch. The inmate failed to show a waiver of sovereign immunity, so the plea to the jurisdiction was correctly granted. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: December 28, 2023, Case #: 10-23-00239-CV, Categories: health Care, tort, Immunity
J. Mikva finds that the lower court improperly found for the therapy practice on the basis that suicide is an independent act by the decedent that precludes liability. On the contrary, a mental health provider can be held liable when treated an outpatient clinic for a suicide that is proximately caused by the provider's failure to act within the standard of care. Reversed.
Court: Illinois Appellate Court, Judge: Mikva, Filed On: December 22, 2023, Case #: 221736, Categories: health Care, tort
J. Nachmanoff denies the prison psychiatrist's motion for summary judgment on malpractice claims. A MIT-trained nuclear engineer suffering from bipolar disorder was indicted in federal court for robbing a bank and committing an armed carjacking. The court labeled him unfit to stand trial and ordered him to spend a year and a half at a medical facility receiving antipsychotic medications. After it was determined he was competent again, he pled guilty. He was transferred to a detention center where the psychologist declined to continue his prescriptions and never scheduled any follow-up treatment, leading to the engineer killing himself in his cell. Genuine issues of fact remain as to whether the psychologist's failure to treat constituted malpractice.
Court: USDC Eastern District of Virginia, Judge: Nachmanoff, Filed On: December 13, 2023, Case #: 1:23cv248, NOS: Other Statutory Actions - Other Suits, Categories: health Care, tort, Negligence
J. Wood dismisses this interlocutory appeal as moot. The appeal regards the court's vacating the lower court's certification of class for nursing home residents who allege the homes were understaffed, resulting in insufficient care. A majority of the court has already granted a writ of certiorari vacating class-certification because the order was entered before an order on pending motions to compel arbitration.
Court: Arkansas Supreme Court, Judge: Wood, Filed On: November 16, 2023, Case #: CV-23-95, Categories: health Care, tort, Due Process
J. Wood finds the Workers Compensation Commission properly denied the Development Center employee’s claim for benefits for a back injury sustained when she was assisting an obese client in getting up from a couch. The commission weighed the medical evidence, concluding that the prescription for muscle spasms was not an objective finding of an injury in light of evidence. The commission specifically found the claimant’s testimony that she suffered from muscle spasms as a result of the injury not credible and found “no probative evidence of record demonstrating that she was suffering from muscle spasms.” The court of appeals defers to the commission’s finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: October 4, 2023, Case #: CV-22-699, Categories: health Care, tort, Workers' Compensation
J. Currault grants a request by the owner of a tree service, ordering a litigant to submit to a medical examination related to his personal injury suit against the business after the hydraulic steel legs of a truck were lowered onto his right foot. The litigant cites no authority that would preclude an examining physician for the tree service from obtaining his relevant history. Further, the litigant has placed his physical condition — specifically, his foot, ankle, knee and back — at issue by seeking to recover damages for those injuries allegedly resulting from the tree service’s negligence.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: September 27, 2023, Case #: 2:22cv4570, NOS: Other Personal Injury - Torts - Personal Injury, Categories: health Care, tort, Discovery
J. Riedmann finds the Workers’ Compensation Court properly determined the employee failed to prove that he suffered a neck injury during a surgical procedure to repair a work-related shoulder injury exacerbated by a fall on ice in the company parking lot. The neck injury was found by experts to be a routine flare-up of underlying cervical wear, and not an aggravation of the shoulder injury or caused by his positioning during surgery. The shoulder injury is compensable. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: August 29, 2023, Case #: A-23-002, Categories: health Care, tort, Workers' Compensation
J. Smith finds the district court properly dismissed this liability suit based upon cancer deaths arising from emissions of a petrochemical manufacturing facility in Reserve, Louisiana. The injured party who does not work for the company, and whose wife died from cancer has not plausibly pled a duty that the Louisiana defendants violated. Though, he cannot be held to be suspicious of invisible and unknown emissions of surrounding companies or to embark independently on an investigation of the inner workings of an otherwise ordinary plant, and the court improperly dismissed claims predicated on his wife’s death. Affirmed in part. Reversed and remanded in part. The denial of leave to amend claims predicated on emotional injuries is vacated.
Court: 5th Circuit, Judge: Smith, Filed On: August 22, 2023, Case #: 22-30526, Categories: health Care, tort, Product Liability
J. Bunn affirms the lower court's March 20, 2020, and Sept. 15, 2021, orders protecting from discovery the specialty hospital employee's report on the condition of the room on Jan. 7, 2019, when the guest, during a visit to his girlfriend who was a patient, broke his femur after getting out of a recliner. The court finds no error in either the judge's order shielding the employee's report under the peer review privilege or in not directly answering the jury's questions about the potential existence of the report prior to rendering a verdict in the hospital’s favor. Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Bunn, Filed On: June 15, 2023, Case #: 21-0830, Categories: health Care, tort, Discovery
J. Harrison finds the Workers’ Compensation Commission properly awarded the teacher permanent disability benefits for a 4% impairment to her cervical spine and 5% wage-loss disability arising from a slip and fall on a wet ramp as she helped children to the school bus. A neuropsychological evaluation stated that “the overall pattern of the … evaluation is not compatible with a traumatic brain injury.” This is sufficient to show that the teacher did not suffer a permanent brain impairment. The district’s argument that the wage loss award is time-barred, claiming that the teacher’s injuries were not incurred on the date in question, is moot. Affirmed on appeal and cross-appeal.
Court: Arkansas Court Of Appeals, Judge: Harrison, Filed On: May 17, 2023, Case #: CV-22-413, Categories: Employment, health Care, tort