The Yanakos family will be able to move forward with their lawsuit against the University of Pittsburgh Medical Center (UPMC) after the Supreme Court overturned a ruling that the seven-year statute of repose barred the case from moving forward. Repose v. Limitation You’re likely familiar with a statute of limitations, which limits the amount … [Read more...]
Supreme Court Refuses to Hear Case on Feres Doctrine – Again
The Feres doctrine resulted from a 1950 Supreme Court case in which the Court ruled that the United States Government could not be held liable for injuries suffered by active duty military members due to the negligence of other active duty military members. The Feres doctrine prevents our service members from having the same rights as every … [Read more...]
Bill Would Allow Active Duty Military to Sue DOD
Representative Jackie Speier, a Congresswoman from California and the Chair of the House Armed Services Committee, has introduced a bill that would allow active duty members of the military to sue the U.S. Government for medical malpractice. Currently, military members cannot sue the government for medical malpractice even if their injuries occur … [Read more...]
Florida Supreme Court Declares Caps on Non-Economic Damages Unconstitutional
Lawyers and victims of medical malpractice cases won a major victory last week when the Florida Supreme Court declared caps on non-economic damages to be unconstitutional. Reversing one of the major legislative victories of former Governor Jeb Bush, the Court found the caps to be arbitrary and concluded that they did not achieve the intended result … [Read more...]
Florida Supreme Court Reviews the Constitutionality of “Ex-Parte Communication” Law
On Thursday, the Florida Supreme Court heard arguments regarding the constitutional legality of the “ex-parte communications” process used in medical malpractice cases. The process of ex-parte communications is used by defense attorneys to gather evidence to be used at trial. However, this process may also violate the patient’s privacy rights, … [Read more...]
Justice Department to Set Aside $40 Million for Victims of Meningitis Outbreak
According to published reports, the Justice Department will sequester up to $40 million for victims of a 2012 fungal meningitis outbreak which resulted from steroid injections that had been contaminated with the fungus. The announcement follows the resolution of a dispute about whether or not the victims qualified for assistance from the … [Read more...]
Oregon High Court Upholds Damage Cap
In a major ruling the Oregon Supreme Court recently ruled that a statutory $3 million limit on damage claims against public entities does not violate the State’s Constitution. The case in question surrounded a $12 million jury verdict which was awarded against a public hospital. Tyson Horton, just eight months old at the time, nearly died as a … [Read more...]
