Justia Medical Malpractice Opinion Summaries

In July 2012, Dr. William Sullivan prescribed Remicade, a medication manufactured by Janssen Biotech, Inc. ("JBI"), to Tim McKenzie as a treatment for Tim's psoriatic arthritis. Tim thereafter received Remicade intravenously every two weeks until November 2014, when he developed severe neuropathy causing significant weakness, the inability to walk without assistance, and the loss of feeling in, and use of, his hands and arms. Although Tim stopped receiving Remicade at that time, he and his wife, Sherrie, alleged they were not told that Remicade was responsible for his injuries. In December 2015, Tim traveled to the Mayo Clinic in Rochester, Minnesota, to receive treatment for his neuropathy. The McKenzies stated that while at the Mayo Clinic, Tim was eventually diagnosed with demyelinating polyneuropathy, and doctors told them that it was likely caused by the Remicade. In 2016, the McKenzies sued JBI and Dr. Sullivan in Alabama Circuit Court, asserting failure-to-warn, negligence, breach-of-warranty, fraud, and loss-of-consortium claims. The complaint filed by the McKenzies was not signed, but it indicated it had been prepared by Sherrie, who was not only a named plaintiff, but also an attorney and active member of the Alabama State Bar. Keith Altman, an attorney from California admitted pro hac vice in November 2017, assisted with the preparation of the complaint. The Alabama Supreme Court found it apparent from even a cursory review of the complaint, that it was copied from a complaint filed in another action. The complaint included numerous factual and legal errors, including an assertion that Tim was dead even though he was alive, and claims invoking the laws of Indiana even though that state had no apparent connection to this litigation. The trial court struck the McKenzies' initial complaint because it was not signed as required by Rule 11(a) and because it contained substantial errors and misstatements of fact and law. The trial court later dismissed the failure-to-warn and negligence claims asserted by the McKenzies in a subsequent amended complaint because that amended complaint was not filed until after the expiration of the two-year statute of limitations applicable to those claims. Because the trial court acted within the discretion granted it by Rule 11(a) when it struck the McKenzies' initial complaint and because the McKenzies did not establish that the applicable statute of limitations should have been tolled, the trial court's order dismissing the McKenzies' claims as untimely was properly entered. View "McKenzie v. Janssen Biotech, Inc." on Justia Law

In 2003, Daley, pregnant with twins, had twin-twin transfusion syndrome (TTTS), a congenital condition involving a circulation abnormality in twins growing from a single placenta. Standard therapy for TTTS in the U.S. was amnioreduction, which removes amniotic fluid from the recipient fetus by inserting a needle into the amniotic sac. Daley underwent amnioreduction in Utah, but it was unsuccessful. Daley agreed to participate in an institute of the National Institutes of Health (NIH) clinical trial. The University of Utah conducted the formal informed consent process; Daley signed a consent form. Daley contends that the subsequent performance of open fetal surgery on study patients violated NIH protocol, the consent forms, and UCSF hospital policy. Ultimately, neither twin survived. About 11 years later, Daley saw a Facebook posting by her current attorneys, seeking mothers who participated in the NIH TTTS trial. Daley filed suit, alleging medical battery and intentional infliction of emotional distress, claiming she had consented to a percutaneous surgery (with access to the organs established by a needle puncture), but defendants performed an open laparotomy and open hysterotomy, procedures to which she did not consent. The trial court dismissed her case as time-barred. The court of appeal reversed, concluding that the discovery rule applies to medical battery claims. View "Daley v. Regents of the University of California" on Justia Law

In this medical malpractice action, the Supreme Court reversed the opinion of the court of appeals reversing the judgment of the trial court granting summary judgment in favor of Dr. Paul Wesley Lewis and Ashland Hospital Corporation (KDMC) after finding that David Shackelford could not establish a prima facie case of negligence, holding that, contrary to the decision of the court of appeals, expert opinion evidence was required to establish causation.The circuit court granted summary judgment for Dr. Lewis and KDMC after determining that Shackelford could not establish a prima facie case of negligence. The court of appeals reversed, finding that the issue of causation in this case did not require expert medical testimony. The Supreme Court reversed, holding (1) the res ipsa loquitor exception did not apply to this case, and expert testimony was necessary; and (2) the proffered expert opinion evidence failed to raise a genuine issue of material fact on the issue of causation. View "Ashland Hospital Corp. v. Lewis" on Justia Law

The Supreme Court reversed the judgment of the district court ruling against Appellant in this declaratory judgment action and holding that the Office of Recovery Services (ORS) was entitled to recover from the portion of Appellant's settlement award representing all medical expenses, both past and future, holding that ORS may recover from only that portion of an award representing past medical expenses.Appellant brought malpractice and negligence claims against a hospital, alleging that the hospital's failure to diagnose his stroke caused severe injuries. At the time of his injuries, Appellant received Medicaid through the State, and Medicaid paid for Appellant's treatment. At issue here was what portion of Appellant's settlement award the ORS was permitted to collect. The district court held that ORS was entitled to recover from the portion of Appellant's settlement award representing all medical expenses, both past and future. The Supreme Court disagreed and remanded the case, holding that ORS may place a lien on and recover from only that portion of Appellant's settlement representing past medical expenses. View "Latham v. Office of Recovery Services" on Justia Law

In this case alleging negligence against a physician, the Supreme Court recognized a third-party cause of action for negligent misreporting of sexually transmitted disease (STD) test results, holding that a physician who mistakenly informs a patient that he does not have an STD may be held liable in ordinary negligence to the patient's exclusive sexual partner for her resulting injuries when the physician knows that the patient sought testing and treatment for the express benefit of that partner.Plaintiff sued Defendant, a physician, alleging that Defendant had been negligent by misreporting the STD test results of her sexual partner. The trial court granted Defendant's motion to strike, concluding that Defendant did not owe a duty of care to Plaintiff. The Supreme Court reversed, holding that Defendant owed a duty of care to Plaintiff, even though she was not his patient. View "Doe v. Cochran" on Justia Law

Plaintiff filed suit alleging that her baby's brain damage was caused by a doctor's medical malpractice. The district court agreed and awarded defendant over $7 million dollars in damages.The Fourth Circuit reversed and held that the district court clearly erred by finding that plaintiff presented sufficient evidence to establish that the doctor violated the applicable standard of care. In this case, the district court's finding on breach was not supported by plaintiff's own expert testimony. Therefore, the district court erred in finding that the doctor was liable for malpractice. View "Butts v. United States" on Justia Law

Kelly McCarthy appealed after a district court dismissed her complaint against Dr. Ariane Getz with prejudice. On September 23, 2015, McCarthy’s daughter died by suicide. Prior to her death, McCarthy’s daughter received psychological counseling from Dr. Getz for several months for symptoms relating to anxiety and depression. McCarthy’s daughter had ten total visits with Dr. Getz, occurring roughly once to twice a month. McCarthy’s daughter was a minor when she was first seen by Dr. Getz, but turned 18 prior to her death. During the course of her visits with Dr. Getz, McCarthy’s daughter expressed self-injurious behavior, anxiety, depression, passive thoughts about suicide, discord with her mother, and inconsistency in taking her medications. McCarthy’s daughter’s last visit with Dr. Getz occurred on September 10, 2015. On September 23, 2015, prior to discovering her daughter’s death, McCarthy contacted Dr. Getz to report her daughter missing. McCarthy requested Dr. Getz put her daughter on a 72-hour hold once located. On September 22, 2017, one day shy of the two-year anniversary of her daughter’s death, McCarthy filed a complaint with the district court. On November 9, 2017, McCarthy filed a summons and complaint alleging malpractice against Dr. Getz. McCarthy’s issue on appeal was whether the district court erred as a matter of law in granting the motion for summary judgment based on the statute of limitations. The North Dakota Supreme Court affirmed, concluding the district court did not err in determining McCarthy’s claim was barred by the statute of limitations. View "McCarthy v. Getz" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals affirming the order of the trial court denying Defendant hospital's plea to the jurisdiction on Plaintiff's complaint alleging personal injury and death proximately cause by a condition or use of tangible personal property, holding that Plaintiffs sufficiently demonstrated both use and proximate cause.At issue was whether Defendant's use of an allegedly improper carrier agent during surgery constitutes negligent use of tangible personal property and, if so, whether sufficient evidence established that this use proximately caused the decedent's death. On appeal to the Supreme Court Defendant argued that because the carrier agent was properly administered during surgery, Plaintiffs complained only of negligent medical judgment, for which immunity was not waived. The Supreme Court affirmed the denial of Defendant's plea to the jurisdiction, holding that regardless of the manner in which the property was administered, when, as here, the claim was premised on Defendant's use of property that was improper under the circumstances and caused harm, this was sufficient to establish negligent use under the Texas Tort Claims Act. View "University of Texas M.D. Anderson Cancer Center v. McKenzie" on Justia Law

Tessa Bride, as personal representative of the estate of John Pelkey, appealed an order dismissing without prejudice her medical malpractice action against Trinity Hospital, Marc Eichler, M.D., Kim Koo, M.D., and unnamed others. On September 11, 2015, Pelkey fell at home and was transferred to Trinity where he was treated for spinal cord injuries. Neurosurgeons Dr. Eichler and Dr. Koo both operated on him. On September 20, 2015, Pelkey fell at the hospital and sustained serious injuries. Pelkey died on February 2, 2017. The North Dakota Supreme Court affirmed because Bride failed to serve an affidavit containing an admissible expert opinion supporting a prima facie case of professional negligence within three months of the commencement of the action and failed to request an extension of the time period to serve the affidavit within the three months as required by N.D.C.C. 28-01-46. View "Bride v. Trinity Hospital, et al." on Justia Law

Dr. Allen Booth and St. Alexius Medical Center appeal from a district court judgment finding North Dakota’s noneconomic damages cap in medical malpractice cases unconstitutional. Dr. Booth and St. Alexius also argue the district court erred in denying a motion for a new trial. On May 29, 2012, Chenille Condon gave birth to a child at St. Alexius Medical Center. Within hours, Condon complained about chest discomfort and shortness of breath. A pulmonary embolism was suspected and testing was ordered in an effort to diagnose the issue. Testing revealed multiple pulmonary nodules in Condon’s mediastinum. Condon was eventually referred to Dr. Booth for a mediastinoscopy for the purpose of collecting a larger tissue sample. The larger tissue sample was necessary for a definitive diagnosis. Not long into the procedure, an injury occurred to Condon’s right innominate artery, resulting in life-threatening bleeding. Condon was placed in intensive care where she had a stroke. The stroke was related to the injury that occurred during surgery. Condon underwent rehabilitation for several months. Condon filed a medical malpractice claim against Dr. Booth. After nine days of proceedings, the jury returned a verdict finding negligence and awarding Condon $265,000 in past economic loss, $1.735-million in future economic loss, $150,000 in past noneconomic loss, and $1.350-million in future noneconomic loss. The North Dakota Supreme Court concluded the damage cap in N.D.C.C. 32-42-02 did not violate the equal-protection provisions of N.D. Const. art. I, section 21. The Supreme Court reversed the district court’s judgment and remanded for a reduction in noneconomic damages consistent with the statute. The Court affirmed the district court’s denial of Dr. Booth’s request for a new trial. View "Condon v. St. Alexius Medical Center, et al." on Justia Law