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Mealey's Personal Injury

  • November 26, 2018

    Magistrate Judge Rejects Set-Off Of $12.6 Million Award In MRSA Misdiagnosis Suit

    MEDFORD, Ore. — The federal government was not entitled to a set-off of an award for past medical expenses to a man who was on Medicaid when he was left nearly quadriplegic from an untimely diagnosed MRSA infection, an Oregon federal magistrate judge concluded Nov. 6.  Following post-trial briefing on damages, the judge awarded the plaintiff $12,647,009.06, including $1,847,009.06 in past medical expenses (John Eric Smith v. United States, No. 16-00690, D. Ore.).

  • November 26, 2018

    Kentucky Supreme Court Says Medical Review Panel Statute Is Unconstitutional

    FRANKFORT, Ky. — The Kentucky Supreme Court concluded Nov. 15 that the state’s year-old Medical Review Panel Act is unconstitutional because the statute forecloses immediate access to the court system by requiring medical review panels to evaluate the merits of proposed medical malpractice claims before claimants can file suit (Kentucky, et al. v. Ezra Claycomb, et al., Nos. 2017-SC-000614 and 2017-SC-000615, Ky. Sup., 2018 Ky. LEXIS 504).

  • November 26, 2018

    Jury Awards $105 Million Against Man Who Promoted Alkaline Diet As Cancer Cure

    SAN DIEGO — A California state judge on Nov. 16 entered final judgment on a $105,356,000 jury award against a man who fraudulently promised that he could cure a plaintiff’s cancer with an alkaline diet and advised her to stop chemotherapy (Dawn Kali v. Robert O. Young, et al., No. 37-2015-00043052, Calif. Super., San Diego Co.).

  • November 26, 2018

    NHL Reaches $18.9 Million Settlement With Retired Players Over Head Injury Claims

    MINNEAPOLIS — The National Hockey League on Nov. 12 announced that it has reached a $18,922,000 tentative non-class settlement of multidistrict concussion injury litigation brought by 318 retired professional hockey players and unfiled claimants (In Re:  National Hockey League Players’ Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).

  • November 26, 2018

    Arizona Appeals Court Voids $7.9 Million Award For Refusal To Give Jury Instruction

    PHOENIX — An Arizona appeals court vacated a jury’s $7.9 million award to a man who was hit by a drunken driver while stopped at an intersection on his scooter.  The lower court erred in refusing to give a jury instruction on intervening and superseding cause proposed by the owner of a gentleman’s club, which was critical to determining liability, the appeals court said Nov. 15 in remanding the action (Mark H. Dupray, et al. v. JAI Dining Services [Phoenix] Inc., No. 1-17-0599, Ariz. App., Div. 1, 2018 Ariz. App. LEXIS 179).

  • November 26, 2018

    California Magistrate Judge Denies Summary Judgment, Says Suit Was Timely Filed

    FRESNO, Calif. — A California magistrate judge denied a medical center’s motion for summary judgment on Nov. 9, holding that the equitable tolling doctrine extended the statute of limitations for wrongful death claims brought by a plaintiff whose wife died days after having their third child.  The magistrate judge left disputes over the standard of care and the anesthesiologist’s employment status for a jury to decide (Jiame Calderon, et al. v. United States, et al., No. 17-0040, E.D. Calif., 2018 U.S. Dist. LEXIS 192402).

  • November 26, 2018

    Arizona Appeals Court Reinstates $30 Million Award For Death In Police Chase

    PHOENIX — Because a trial court failed to state with particularity the grounds for significantly reducing a $30 million jury award to the parents of a man killed in a two-car collision by a suspect fleeing from police, an Arizona appeals court reinstated the award against the state on Nov. 13 (Shuja Sayed Ahmad, et al. v. Arizona, No. 1-14-0664, Ariz. App., Div. 1, 2018 Ariz. App. LEXIS 177).

  • November 26, 2018

    Texas Supreme Court Reverses Ruling Rejecting Expert Report As Conclusory

    AUSTIN, Texas — A plaintiff’s expert report adequately addressed causation and the standard of care in litigation over the misdiagnosis of a compression fracture in her vertebrae that rendered her paraplegic, the Texas Supreme Court held Nov. 16 in reversing and remanding an appeals court’s ruling (Sue Abshire v. Christus Health Southeast Texas, No. 17-0386, Texas Sup., 2018 Tex. LEXIS 1154).

  • November 21, 2018

    $247 Million Awarded To Parents Of Texas Man Killed In Tractor-Trailer Collision

    GILMER, Texas — A Texas jury awarded the parents of a man who was killed when his van collided with a tractor-trailer $247 million, concluding Nov. 8 that the tractor-trailer driver and his employers were 95 percent responsible for the accident and the decedent 5 percent (Eddie McPherson, et al. v. Jefferson Trucking LLC, No. 16-00247, Texas 115th Jud. Dist., Upshur Co.).

  • November 21, 2018

    Georgia Jury Awards $13.8 Million Against Hotel For Baby’s Abuse, Death

    LAWRENCEVILLE, Ga. — A Georgia jury held a hotel partially liable for the imprisonment and abuse of a woman and her baby that led to the child’s death from starvation.  It awarded the plaintiffs $13.8 million against the hotel, concluding Nov. 12 that the hotel failed to ensure its guests’ safety (Ann Herrera, et al. v. Extended Stay America Inc., et al., No. 16-01271-4, Ga. State, Gwinnett Co.).

  • November 16, 2018

    Most Expert Testimony Survives Daubert Motion In Negligence Suit Over Crash

    ST. LOUIS — A Missouri federal judge on Nov. 13 admitted the testimony of two experts for a truck driver and his company but excluded an opinion by their third expert, in a personal injury action over a rear-end crash on a highway (Kathleen Reagan, et al. v. CRC Transport, LLC, et al., No. 4:17-cv-1004, E.D. Mo., 2018 U.S. Dist. LEXIS 193114).

  • November 15, 2018

    Class Suit Accuses Holy See, Leadership Of Concealing Rampant Sexual Abuse

    WASHINGTON, D.C. — Six men from across the United States filed a class complaint on Nov. 13 in the U.S. District Court for the District of Columbia accusing the U.S. Conference of Catholic Bishops (USCCB) and the Holy See of covering up sexual abuse since at least 1940 in violation of the Racketeer Influenced and Corrupt Organizations Act (Timothy B. Lennon, et al. v. United States Conference of Catholic Bishops, et al., No. 18-2618, D. D.C.).

  • November 14, 2018

    Playpen Maker Wins Judgment After Experts Stricken In Suit Over Baby’s Death

    OAKLAND, Calif. — With both of their expert witnesses excluded from testifying by a California federal judge, a couple whose infant daughter died at a day care facility lost their product liability case against a playpen maker on summary judgment Nov. 9 (Bill Rovid, et al. v. Graco Children’s Products Inc., et al., No. 4:17-cv-01506, N.D. Calif., 2018 U.S. Dist. LEXIS 192449).

  • November 13, 2018

    Parents’ Lopsided Shares Of $500,000 Settlement Vacated By Missouri Appeals Court

    ST. LOUIS — A Missouri appeals court vacated the apportionment of a $500,000 wrongful death settlement between a decedent’s divorced parents on Nov. 6, holding that the allotment of 98 percent to the father and 2 percent to the mother misapplied state law.  It remanded for recalculation of the apportionment amounts (Loren Macke, et al. v. Austin Patton, No. ED106271, Mo. App., Eastern Dist., Div. 3, 2018 Mo. App. LEXIS 1380).

  • November 13, 2018

    New Trial Order Affirmed By California Appeals Court In Fatal Bus Accident Dispute

    FRESNO, Calif. — A California appeals court on Oct. 23 affirmed a trial court decision to order a new trial after a jury found that Greyhound Lines Inc. was not negligent in the deaths of three women whose SUV was hit by a bus after their vehicle crashed into a highway median (Victor Garay et al. v. Greyhound Lines, Inc., No. F072267, Calif. App., 5th Dist., 2018 Cal. App. Unpub. LEXIS).

  • November 13, 2018

    Man Seeks Damages From New Jersey Insurance Guaranty Association

    NEWARK, N.J. — A New Jersey man seeks personal injury damages from the New Jersey Property Liability Insurance Guaranty Association (NJPLIGA) in a Nov. 1 complaint filed in a New Jersey trial court for injuries sustained from a motor vehicle accident (Maurico Tapia v. Eduin Diaz, et al., No. ESX-L-007790-18, N.J. Super., Essex Co.).

  • November 13, 2018

    Ohio High Court Affirms Reinstatement Of Claims In Football Injury Suit

    COLUMBUS, Ohio — The Ohio Supreme Court on Oct. 31 affirmed a lower court ruling reversing the dismissal of negligence and fraud claims by the estate of a former college football player, holding that the claims could not be deemed untimely without further proceedings.  The estate alleges that the National Collegiate Athletic Association (NCAA) and others failed to notify, educate and protect the decedent from long-term dangers of repeated concussions (Steven Schmitz, et al. v. National Collegiate Athletic Association, et al., No. 2017-0098, Ohio Sup., 2018 Ohio LEXIS 2614).

  • November 13, 2018

    Medical Malpractice Claims Allowed To Proceed In Idaho Suit Over Donated Sperm

    BOISE, Idaho — An Idaho federal judge on Oct. 25 allowed medical malpractice claims to proceed against an obstetrician and his practice in litigation brought by the parents of a woman who found out through Ancestry.com that the obstetrician who conducted the artificial insemination procedure to help her mother conceive could be her father (Kelli Rowlette, et al. v. Gerald E. Mortimer, et al., No. 18-00143, D. Idaho, 2018 U.S. Dist. LEXIS 184236).

  • November 13, 2018

    Wal-Mart Has No Duty To Provide Easily Accessible Carts, Alabama High Court Says

    MONTGOMERY, Ala. — Wal-Mart had no affirmative duty to provide a customer with a shopping cart that had been separated from the store’s cart corral for easy access, the Alabama Supreme Court ruled Oct. 19 in a dispute brought by an elderly man who fell while trying to free a cart from the others in the corral (Linda Unger, et al. v. Wal-Mart Stores East LP, et al., No. 1170657, Ala. Sup., 2018 Ala. LEXIS 106).

  • November 13, 2018

    Virginia Federal Jury Awards Contractor $558,000 For Severe Electrical Shock

    HARRISONBURG, Va. — A federal jury in Virginia awarded a contractor who received a severe electrical shock more than $473,000 plus more than $85,000 in prejudgment interest on Oct. 25, concluding that the company that hired him was negligent in failing to warn him that a stud welder was dangerously electrified (Harry Workman v. Axalta Coating Systems, No. 17-00108, W.D. Va.).