The Litigation Counsellor®
Emergency Legislation Extends Liability Immunity to Some Healthcare Providers Battling COVID-19
With the ongoing COIVD-19 pandemic continuing to put strains on an already over-burdened American healthcare system, some states have taken steps to ensure that the looming threat of a lawsuit does not stand in the way of medical professionals providing care to the onslaught of patients inundating hospitals. Situations that many healthcare providers are facing during this pandemic, such as a lack of ventilators, medical equipment and supplies, have triggered a need for ventilator triage policies at many hospitals located in the hardest hit areas of the county. The dire circumstances, in some cases, have forced doctors to make judgment calls as to which patient will get a life-saving ventilator, which many have feared will open up a slew of unwanted future lawsuits. The threat of potential lawsuits likely weighs heavily on the minds of healthcare workers, including recent medical school graduates who may not yet have malpractice insurance.
$800K Jury Verdict Upheld for Failure to Diagnosis “Charcot Foot”
On October 4, 2019, the Nebraska Supreme Court upheld an $800,000 jury verdict over doctors’ failure to diagnose a foot condition, holding that the questions examined by jurors did not move into the territory of asking them to walk a mile in the plaintiff’s shoes.
Details Emerge in New Jersey Wrongful Prolongation of Life Case
New details have emerged surrounding the basis for a decision by Morris County Superior Court Judge W. Hunt Dumont to deny defendants’ summary judgment motion in connection with a wrongful prolongation of life lawsuit. The suit was filed by the Suzanne Koerner, executor of the estate of Suzanna Stica, against Morristown Medical Center, Dr. Andrew Youseff and several nurses. Ms. Koerner claims that the defendants contributed to Ms. Stica being forced to live through six months of pain and suffering after they blatantly disregarded “do not resuscitate” and “do not intubate” orders signed by her prior to being admitted into the Medical Center in November 2011. Despite her wishes, Ms. Stica was intubated and confined to a wheelchair as she suffered from bladder and bowel problems, as well as dementia and depression.
$46.5 Million Verdict Entered for Infant in Medical Malpractice Case
On March 9, 2017, after a two-week trial, an Arkansas jury entered a verdict in favor of two-year-old Kara Smalls and her parents in the amount of $46.5 million in a trial against the Arkansas hospital and doctor who delivered the infant.
Year End: 5 seconds on 5 big MDLs
Among the hundreds of pending multidistrict litigations across the country, some stand out for the large jury awards they've yielded against major companies like Johnson & Johnson, and some, like the General Motors ignition-switch MDL, for their inability to produce many verdicts at all. Others are notable for their longevity.
