Verdicts
July 01, 2016
Analysis of recent litigation.
Verdicts
June 01, 2016
In-depth look at a case in which a doctor could not testify as an expert without proper notice.
Ethnicity-Based 'Economic Loss' Testimony Unconstitutional
June 01, 2016
Two years ago, a bombshell decision issued in the Eastern District of New York by Judge Jack B. Weinstein held that it is unconstitutional to use ethnicity-based statistics to calculate future economic loss in a tort case. <I>G.M.M. v. Kimpson</I>, 2015 U.S. Dist. LEXIS 99715 (E.D.N.Y. July 30, 2013).,
Drug & Device News
June 01, 2016
Discussion of several key news items that affect med mal practitioners.
General Jurisdiction After <i>Daimler AG v. Bauman</i>
June 01, 2016
Often, when patients are injured by pharmaceutical products, the plaintiff and the product's manufacturer are located in different jurisdictions, making jurisdictional questions the first issue to resolve when choosing where to file suit. In 2014, the Supreme Court's decision in <I>Daimler AG v. Bauman</I>announced a sweeping change to the law of personal jurisdiction.
The Famous Dr. DeBakey and His Two Controversial Practices
June 01, 2016
As we noted last month, cardiac surgeon Michael DeBakey performed "overlapping surgeries," in which he moved from one operating room to another; and 2) He filmed many, if not all, of his procedures. Both of these practices have potential to impact the outcome of a medical malpractice claim.
Med Mal News
June 01, 2016
In March, Arizona became the first state to undercut the FDA's new guidelines on use of the abortion-inducing drug Mifepristone.
The Famous Dr. DeBakey and His Two Controversial Practices
May 01, 2016
Recently, there has been a great deal of press, as well as litigation, involving two things: so-called "overlapping surgery," and requests by patients to record their encounters with their physicians and with their surgical procedures. Many years ago, a world-famous cardiac surgeon, at least anecdotally, did both things.
Verdicts
May 01, 2016
In-depth analysis of a case involving a deceased patient's medical records.
Trio of Plaintiffs' Verdicts in Risperdal Litigation Present Significant Issues for Johnson & Johnson
May 01, 2016
A series of three verdicts for plaintiffs, the most recent in December 2015, may present significant litigation issues for Johnson & Johnson and its subsidiary, Janssen Pharmaceuticals. The suits were all based upon claims that the manufacturer failed to provide adequate warnings regarding Risperdal gynecomastia ' a condition that involves abnormally enlarged male breast tissue, especially among adolescent boys.
