Justia Medical Malpractice Opinion Summaries

Jessica Paulsen experienced severe bleeding after giving birth on December 13, 2021, at Avera McKennan Hospital. Dr. Amber Saloum performed a hysterectomy and another surgery on December 14, 2021, to stop the bleeding. Paulsen later claimed she did not consent to the hysterectomy and filed a lawsuit against Avera McKennan, Dr. Saloum, and unnamed parties on December 15, 2023. The defendants moved for summary judgment, arguing that Paulsen's claims were barred by the two-year repose period under SDCL 15-2-14.1.The Circuit Court of the Second Judicial Circuit, Minnehaha County, South Dakota, granted the defendants' motion for summary judgment, concluding that Paulsen's lawsuit was filed outside the two-year repose period. Paulsen appealed the decision, arguing that the repose period should be calculated as 730 days and that she should have been allowed additional discovery to potentially establish a continuing tort.The Supreme Court of the State of South Dakota reviewed the case de novo. The court held that a "year" is defined as a "calendar year" under SDCL 2-14-2(36), meaning the repose period ends at the exact moment the start date reoccurs on the calendar. Therefore, the two-year repose period began on December 15, 2021, and ended on December 14, 2023. Since Paulsen filed her lawsuit on December 15, 2023, it was one day too late.The court also found that Paulsen's request for additional discovery was speculative and did not demonstrate how further discovery would reveal facts essential to opposing the summary judgment. Consequently, the court affirmed the circuit court's decision to grant summary judgment in favor of the defendants. View "Paulsen v. Mckennan" on Justia Law

A Wisconsin prisoner, Armin Wand III, developed appendicitis in February 2018. He was seen by Nurse Beckey Kramer on February 13, 2018, but she did not diagnose appendicitis at that time. The next day, February 14, she recognized the symptoms and sent him to the hospital for emergency surgery. Wand sued Kramer and other officials, claiming inadequate medical care under the Eighth Amendment and state law negligence for not recognizing his need for emergency care on February 13.The United States District Court for the Western District of Wisconsin denied summary judgment for Kramer and another defendant, allowing the case to proceed to trial. The court recruited an experienced lawyer for Wand, but only for settlement purposes. After settlement efforts failed, the lawyer withdrew, and Wand's subsequent motion for recruitment of another lawyer was denied. The court noted Wand's legal blindness and severe stutter but believed he could represent himself with the court's assistance.The United States Court of Appeals for the Seventh Circuit reviewed the case. The court found that Wand's trial testimony contradicted his earlier claims, stating he did not report lower right quadrant pain to Kramer on February 13, which was crucial for diagnosing appendicitis. The court concluded that Wand's case was substantively weak and that he had not shown prejudice from the lack of recruited counsel. The court affirmed the district court's judgment in favor of Kramer, holding that Wand did not demonstrate a reasonable likelihood that the presence of counsel would have changed the trial's outcome. View "Wand v. Kramer" on Justia Law

A widow, Lori Olson, individually and as the personal representative of her deceased husband Scott Olson's estate, filed a lawsuit against Huron Regional Medical Center (HRMC), Dr. William Miner, and Thomas Miner, a physician’s assistant, alleging negligence, wrongful death, loss of consortium, intentional infliction of emotional distress, civil conspiracy, and fraudulent concealment. Scott Olson died at HRMC in January 2020 under the care of Dr. Miner and Thomas Miner. Lori Olson initiated the lawsuit in September 2021.The Circuit Court of the Third Judicial Circuit in Beadle County, South Dakota, denied Dr. Miner’s motion to dismiss for insufficient service of process but later granted the defendants' motions to dismiss for failure to prosecute. Lori Olson appealed the dismissal, and Dr. Miner filed a notice of review challenging the denial of his motion to dismiss for insufficient service.The Supreme Court of South Dakota reviewed the case and found that there was verifiable record activity within the year prior to the defendants’ motion to dismiss, including efforts to compile medical records and communication between the parties. The court concluded that the Circuit Court erred in dismissing the case under SDCL 15-11-11 for lack of prosecution, as there was sufficient activity to move the case forward. Additionally, the court found that the delays in the case did not rise to the level of egregiousness required for dismissal under Rule 41(b) and that the Circuit Court did not consider less severe sanctions before dismissing the case.The Supreme Court of South Dakota reversed the Circuit Court’s decision to dismiss the case for failure to prosecute and affirmed the denial of Dr. Miner’s motion to dismiss for insufficient service of process, concluding that Dr. Miner was properly served. View "Olson v. Huron Regional Medical Center, Inc." on Justia Law

Amanda Watts received two vaccines, Pneumovax 23 and Boostrix, at a CVS Pharmacy in 2017. She claimed that both vaccines were negligently administered in the same improper location on her arm, leading to a chronic pain condition. However, CVS is immune from suit for the administration of Boostrix under the National Childhood Vaccine Injury Act of 1986. Consequently, Watts's complaint focused solely on the alleged negligence in administering Pneumovax.The United States District Court for the District of Maryland granted summary judgment to CVS, finding that Watts presented no evidence from which a jury could determine that her injury was caused by the Pneumovax vaccine rather than the Boostrix vaccine. The court also struck an errata sheet submitted by Watts's expert, Dr. Akhil Chhatre, which attempted to amend his deposition testimony to suggest that both vaccines contributed to Watts's injury.The United States Court of Appeals for the Fourth Circuit reviewed the case and affirmed the district court's decision. The Fourth Circuit agreed that Watts failed to provide evidence to establish that her injury was caused by the Pneumovax shot, as required to overcome CVS's immunity for the Boostrix shot. The court noted that both of Watts's experts could not definitively attribute her injury to the Pneumovax vaccine alone. The court also upheld the district court's decision to strike Dr. Chhatre's errata sheet, which materially altered his original testimony.The Fourth Circuit concluded that without evidence to separate the effects of the two vaccines, a jury could only speculate on the cause of Watts's injury. Therefore, Watts could not satisfy the causation element of her negligence claim, and the summary judgment in favor of CVS was affirmed. View "Watts v. Maryland CVS Pharmacy, LLC" on Justia Law

A minor child, through his mother, filed a medical malpractice lawsuit against an obstetrician, the clinic where the obstetrician was employed, and the hospital where he was born. The child suffered an obstetric brachial plexus injury during birth. The district court excluded the package insert for Pitocin used during the birth, ruling it was hearsay and lacked foundation. The child also argued that the court erred in not giving his requested jury instructions and giving other erroneous instructions, which he did not object to at trial.The District Court for Douglas County ruled in favor of the defendants. The jury found that the child had not met his burden of proof and rendered a general verdict for the defendants. The child appealed, arguing that the jury instructions were erroneous and prejudicial.The Nebraska Supreme Court reviewed the case and found that the district court committed plain error by instructing the jury that it could not determine the standard of care from the testimony of expert witnesses. This erroneous instruction was on a vital issue and misled the jury, prejudicially affecting a substantial right of the child. The court held that the error was of such a nature that to leave it uncorrected would cause a miscarriage of justice or result in damage to the integrity, reputation, and fairness of the judicial process.The Nebraska Supreme Court reversed the judgment and remanded the case for a new trial, without addressing the remaining assignments of error, as they were unnecessary to adjudicate the case and might be tried differently on remand. View "J.R.M.B. v. Alegent Creighton Health" on Justia Law

Franklyn Neter-Nu, a truck driver, visited Methodist Hospital in Gary, Indiana, complaining of nausea and vomiting. He was treated with IV fluids and medications, but the IV was twice found detached from his arm by Nurse Morgan Mittler, who then placed it in his right foot without proper training or a doctor's order. Neter-Nu later experienced pain in his foot, and despite an x-ray showing no issues, he was discharged. After traveling to Iowa, he sought emergency care for blackened toes and was eventually referred for a below-the-knee amputation.Neter-Nu filed a complaint against Dr. Zainab Abbas, Nurse Mittler, and Methodist Hospital, alleging negligence. A jury found in favor of Neter-Nu, awarding him $11,000,000, which was reduced to the statutory cap of $1,250,000. The trial court also awarded $79,993.40 in prejudgment interest. The Indiana Court of Appeals reversed the jury verdict, citing errors in denying Methodist’s Rule 50(A) motion, jury instructions, and evidentiary rulings, and remanded for a new trial.The Indiana Supreme Court reviewed the case and held that the trial court erred in denying Methodist’s Rule 50(A) motion and in its jury instructions, but these errors did not necessitate reversing the jury verdict due to joint-and-several liability. The court found that the trial court did not abuse its discretion in refusing the Providers’ proposed jury instructions on superseding cause and hindsight, nor in excluding certain medical records and emails. The Supreme Court affirmed the jury verdict but reversed and remanded for the trial court to grant Methodist’s Rule 50(A) motion and recalculate prejudgment interest based on the Providers’ statutory liability. View "Abbas v. Bilal Neter-Nu" on Justia Law

Peter A. Smith visited Mercy Hospital twice in June 2017 with symptoms indicative of Lyme disease. Dr. John R. Henson misdiagnosed him on both occasions, leading to a lack of appropriate treatment. Smith subsequently developed Lyme carditis and died on July 2, 2017. His parents, Angela M. Smith and Richard T. Smith Jr., as co-personal representatives of his estate, filed a medical negligence lawsuit against Henson, Mercy Hospital, and Eastern Maine Healthcare Systems.The Superior Court (Cumberland County) ruled that Maine’s Wrongful Death Act allowed recovery for pecuniary injuries even if the decedent would not have provided financial support to the beneficiaries. A jury found the defendants liable and awarded damages, including $2 million for pecuniary injury to Smith’s parents, despite no evidence that Smith would have financially supported them.The Maine Supreme Judicial Court reviewed the case. The court held that the applicable wrongful death statute authorized recovery for pecuniary injury only when the death deprived one or more of the people identified in the statute of prospective financial gain. The court concluded that damages for such a loss were not available when the loss was asserted only by the estate. Consequently, the court vacated the portion of the judgment awarding damages for pecuniary injury. All other aspects of the judgment were unaffected, and the case was remanded for entry of a modified judgment consistent with the opinion. View "Smith v. Henson" on Justia Law

Randy Wiertella died in the Lake County Adult Detention Facility on December 10, 2018. Dennis Wiertella, as the Administrator of Randy's estate, filed a lawsuit claiming that Randy's constitutional rights under the Eighth and Fourteenth Amendments were violated by Jail staff Diane Snow, RN, and Christina Watson, LPN. Randy had been booked into the Jail without his essential medications for heart disease, diabetes, high blood pressure, and a psychiatric disorder. Despite multiple requests, he did not receive all necessary medications, leading to his death from hypertensive cardiovascular disease.The United States District Court for the Northern District of Ohio denied Snow and Watson's motion for summary judgment, which sought dismissal based on qualified immunity. The court found that there were genuine disputes of material fact regarding whether Snow and Watson were aware of the substantial risk to Randy's health and whether they failed to respond reasonably.The United States Court of Appeals for the Sixth Circuit reviewed the case. The court held that Snow and Watson were not entitled to qualified immunity. The court found that both nurses were aware of Randy's serious medical conditions and the need for continuous medication. Despite this knowledge, they failed to ensure that Randy received his essential medications in a timely manner. The court concluded that their actions were unreasonable and violated Randy's constitutional rights. The court affirmed the district court's decision and remanded the case for further proceedings on the Estate's § 1983 claim. View "Wiertella v. Lake County" on Justia Law

Allen Turner died from surgical complications, leading his daughter, Norkesia Turner, to sue Drs. William Thompson and Heather Nolan, and their employer, the Medical Center of Central Georgia, Inc. (MCCG), for medical malpractice and wrongful death. The jury awarded Turner approximately $7.2 million in noneconomic damages for wrongful death. MCCG moved to reduce this award to the statutory cap of $350,000 under OCGA § 51-13-1 (b) and (c), but the trial court denied the motion, citing the Georgia Supreme Court's decision in Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt, which found such caps unconstitutional.MCCG appealed to the Court of Appeals, which affirmed the trial court's decision, reasoning that the Nestlehutt decision foreclosed MCCG's argument. The Court of Appeals held that the $7.2 million award did not need to be reduced to the statutory cap. MCCG then petitioned the Supreme Court of Georgia for a writ of certiorari, which was granted to address whether the Court of Appeals properly applied the precedent regarding the constitutional right to trial by jury.The Supreme Court of Georgia did not decide whether the application of OCGA § 51-13-1’s caps to the $7.2 million award would violate Turner’s constitutional right to a jury trial. Instead, it found that the lower courts had not applied the correct analytical framework from Nestlehutt to the wrongful death claim. The Supreme Court clarified that the holding in Nestlehutt was specific to medical malpractice claims and did not control the issue in this case. Consequently, the Supreme Court vacated the decision of the Court of Appeals and remanded the case for further proceedings consistent with its opinion. View "THE MEDICAL CENTER OF CENTRAL GEORGIA, INC. v. TURNER" on Justia Law

The case involves a wrongful-death action brought by the Estate of Jared Shaffer, through Daniel Shaffer as administrator, against Northeast Kingdom Human Services, Inc. Jared Shaffer, a developmentally disabled adult, died on April 18, 2017, from a sudden pulmonary embolism caused by metastatic testicular cancer. The estate claimed that the defendant, responsible for overseeing Jared's Medicaid waiver funds and coordinating his care, was negligent in its duties, leading to Jared's death.Initially, the estate sued Heartbeet Lifesharing, Dr. Peter Sher, and the defendant in federal court, but the case was dismissed for lack of subject matter jurisdiction after a settlement with Dr. Sher’s medical practice. The estate then filed the wrongful-death action in the civil division against the defendant and Heartbeet. Before the trial, the estate settled with Heartbeet, leaving the case to be tried solely against the defendant. The defendant asserted a comparative negligence defense, implicating Daniel Shaffer, Jared's father and co-guardian, in Jared's death.The Vermont Supreme Court reviewed the case after the estate appealed a jury verdict in favor of the defendant. The estate argued that the trial court erred in instructing the jury on comparative negligence, providing misleading jury instructions, and sustaining objections to certain questions posed to the defendant’s corporate representative. The estate also contended that the jury deliberated too quickly and that the evidence overwhelmingly supported its claim of negligence.The Vermont Supreme Court found that while the trial court erred in conflating the identity of the plaintiff with Daniel Shaffer, the estate was not prejudiced because the jury never reached the question of comparative negligence, having found no negligence on the defendant's part. The court also upheld the trial court's evidentiary rulings and found no error in the jury's deliberation process. The jury's verdict in favor of the defendant was affirmed. View "Shaffer v. Northeast Kingdom Human Services, Inc." on Justia Law