Medical malpractice takes place when a doctor makes a negligent error that causes unnecessary harm to a patient. Not every error constitutes negligence—if fact, doctors can make plenty of mistakes that do not. When a doctor’s error breaches the medical standard of care, however, that…
In late February 2018, an Ohio woman, as representative of a male family member, filed a new Onglyza lawsuit in the U.S. District Court for the Southern District of Ohio. This case now joins a number of other similar cases filed by patients who took…
North Carolina is ranked #5 in the percentage of fatal accidents involving drivers who are 65 or older, according to a nonprofit transportation research group. The number of older drivers who are involved in fatal accidents is rising faster than the overall population of people…
Litigators and legal professionals who participate in the discovery process will benefit from reading the recently published Federal Rule of Civil Procedure 34 Primer* from The Sedona Conference Working Group 1 (WG1). The 2015 changes to the Federal Rules of Civil Procedure addressed systemic problems…
Sepsis is a potentially life-threatening bodily reaction to an infection that can develop outside of a hospital or even in a hospital setting. Though it is dangerous, sepsis is also commonly misdiagnosed—both for people presenting symptoms at the doctor or the emergency room and for…
On April 12, two black men walked into a Philadelphia Starbucks. Before placing an order, they reportedly sat down to wait for an acquaintance to arrive. However, the store manager called the police and had the two men arrested for trespassing. They were held in…
In Gadeco, LLC v. Grynberg, No. 17SA247, (2018 CO 22), the Colorado Supreme Court considered whether the defendant Jack Grynberg (“Grynberg”) impliedly waived the physician–patient privilege by either requesting specific performance of a contract, or denying the plaintiffs’ allegations that he made irrational decisions. This…
On April 13, 2018, the FDA announced a recall of all Vuse Vibe power units—a total of about 2.6 million items—because of malfunctioning lithium-ion batteries that may overheat and present a fire hazard. Consumers are advised to stop using the units immediately and to avoid…
At the 2018 Mass Torts Made Perfect conference, I offered a look into one of the newest philanthropic efforts on the block, which advocates for plaintiffs in financial crisis. In case you missed my presentation, “Philanthropy and Civil Justice: Can Families Rely on Social Good…