Eric Washburn

Should Cell Phones Be Banned from Operating Rooms?

We are all familiar with how dangerous cell phone use can be while we are driving, but another place where they can be just as dangerous – and one where you probably have not thought about it – is the […]

Chris Nace

Medical Errors: They’re More Common than You Think and You’re Often Paying for Them

In 1999, the Institute of Medicine (IOM) released a report called To Err Is Human: Building a Safer Health System that brought to light the issue of hospital patients dying from medical errors; at the time is was guesstimated to […]

James Humann

Multidistrict Litigation Update: Cook IVC Filter Bellwether Trial Moves Forward as Legal Teams Prepare for the First Bard IVC Filter Bellwether Trial

Legal practitioners are closely following the first Cook IVC filter bellwether case as it starts its third week of trial before U.S. District Judge Richard L. Young in the Southern District of Indiana (In Re: Cook Medical, Inc., IVC Filters Marketing, Sales Practices and Products Liability Litigation, MDL No. 2570).

Randy Appleton

New Study Reveals High Incidence of Errors on Electronic Health Records

According to national data, more than 80 percent of all physicians and 90 percent of all hospitals use electronic health records (EHR) to keep track of patient history. These records are supposed to minimize the risk of mistakes on patients’ […]

Mark Bello

Certificate of Merit Law Struck Down in Oklahoma

On October 24, the Oklahoma Supreme Court determined a state law in medical malpractice cases to be unconstitutional. The law required that a medical malpractice lawsuit must include an affidavit of merit from an expert, who has concluded that the […]

James Humann

MASS TORT UPDATE: Surgical Infection Injuries and Heater-Cooler Devices Used During Cardiac Surgery

Patients who underwent open-chest surgery and subsequently suffered from serious bacterial infections are filing lawsuits against LivaNova PLC (formerly Sorin Group Deutschland GmbH), the manufacturer responsible for the Stockert 3T Heater-Cooler System. New studies indicate that the Stockert 3T devices were likely contaminated during the manufacturing process with the rare bacteria called Mycobacterium chimaera (M. chimaera).

John Bair

Planning Before Settlement for a Child with Cerebral Palsy

How critical is understanding the lifetime costs for your child before you settle your lawsuit?   When a child is diagnosed with cerebral palsy, there are many factors to consider when planning for the future. The projected expenses associated with managing […]

Melanie J. VanOverloop

Medical Negligence: Newborn Strokes That Can Cause Brain Damage

Strokes that occur at or near the time of birth are often overlooked as a significant contributing factor to cerebral palsy.  Perinatal stroke is a known cause of long-term neurological impairment. These strokes are caused by a disruption in blood […]

James Humann

MDL Court Denies Cook Medical’s Motion for Summary Judgment as to the Defective Design of its IVC Filter and Finds that Defendants Argued the Wrong Law 

With less than two weeks before the start of the first bellwether trial in the Cook Medical IVC multidistrict litigation, on October 10, 2017, the Court issued an Order denying Defendant Cook’s Motion for Summary Judgment as to negligence and strict liability design defect claims. The denial was at least partially due to the Defendant’s arguing the wrong legal standard under Florida law.

Randy Appleton

How Safe Are Urgent Care Facilities?

There have been many changes in healthcare and how patients obtain treatment over the past few decades. One of the major changes is the increased popularity of urgent care and walk-in facilities where patients can obtain treatment when their own […]