Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Drug & Device News

By ALM Staff | Law Journal Newsletters |
September 02, 2015

Unnecessary Test Leads to Plaintiff Award

A plaintiff injured by a dye used to diagnose her medical compliant has agreed to settle for less than the $3.62 million recovery she was awarded by a jury. The 52-year-old plaintiff in Johnson v. UMDNJ went to the Emergency Room of Newark, NJ's University Hospital, complaining of leg pain and vaginal bleeding. She was administered a contrasting dye prior to undergoing a CAT scan. The patient was allergic to the dye, which caused her blood pressure to spike, which resulted in a brain aneurysm. Although she immediately underwent surgery, the plaintiff was left with some paralysis and with cognitive deficits that now prevent her from returning to her teaching position at Rutgers University. She brought suit against the hospital, claiming, among other things, that the CAT scan was unnecessary. UMDNJ countered that the scan was necessary as a means to to rule out a stomach abscess, and that the plaintiff's aneurysm was caused by a previous medical condition. No diagnosis of the plaintiff's original complaints was ever made. The plaintiff was awarded $3.62 million, but she entered into a settlement agreement with the hospital for a lesser, undisclosed, amount.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
New York's Latest Cybersecurity Commitment Image

On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.

Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office Image

A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.

Bit Parts Image

Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights

The Bankruptcy Hotline Image

Recent cases of importance to your practice.

Risks of “Baseball Arbitration” in Resolving Real Estate Disputes Image

“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.