The United States Court of Appeals for the Seventh Circuit of Chicago held that a prior acts exclusion under an insurance policy issued by a professional liability insurer to a medical-practice insurer excluded coverage. The exclusion was ruled legal only if the medical-malpractice insurer committed an actual wrongful act, not…
In the wrongful death case for Lee Lindemann, filed on behalf of the Estate of Sue Ann Lindemann, the U.S. District Court ruled that estoppel blocked National Fire & Marine Insurance Co. from invoking a “declining balance” provision in its insurance policy. The insurance company asked for a reduction from…
The U.S. District Court judge in Chicago handled a bench trial medical malpractice case under the Federal Tort Claims Act (FTCA). The result was a judgment in favor of a plaintiff that included $13.75 million in noneconomic damages for what the court described as “glaring” medical malpractice that caused the…
In following the U.S. Supreme Court’s decisions in Daimlar AG v. Bauman, 134 S. Ct. 746 (2014) and BNSF Railway Company v. Tyrrleo, 137 S. Ct. 1549 (2017) and the Missouri Court’s earlier opinion in State ex rel. Norfolk S. Ry. Co. v. Dolan, 512 S.W. 3d 41 (Mo. En…
Kevin Clanton, 28, underwent a pre-employment screening and was told that he had high blood pressure. He went to a federally financed public healthcare facility where he met with nurse practitioner Denise Jordan. She noted that he had severe hypertension with blood pressure readings of 210/170. Jordan ordered lab work…
Philip Madden suffered from numerous medical conditions including obesity, respiratory acidosis, congestive heart failure, chronic obstructive pulmonary disease, obstructive sleep apnea, obesity hyperventilation syndrome and hyperlipidemia. He was admitted to the Jesse Brown V.A. Medical Hospital in Chicago several times leading up to his last admission in December 2007. When…
During the discovery process in the case of Toni M. Morrison’s personal-injury lawsuit against Walmart, the company argued that she had to provide a written report from her treating physician, Dr. Daniel Mulconrey, under Federal Rule of Civil Procedure 26(a)(2)(B). The court stated that the report was required because Morrison…
The U.S. Supreme Court has prevented 592 nonresidents from joining 86 California residents in suing Bristol-Myers Squibb in California state court for personal injury allegedly caused by Plavix, a blood thinner. At the state level, the California Supreme Court concluded that the Due Process Clause of the 14th Amendment did…
According to the U.S. Court of Appeals for the Seventh Circuit in Chicago, the judge’s bench trial decision was affirmed. In this case, Phillip Madden brought a claim under the Federal Tort Claims Act (FTCA) against the United States from an ultimately fatal medical incident in which he suffered while…
In 2011, a radiologist with the U.S. Department of Veteran Affairs (VA) missed identifying a cancerous mass in the liver of James Avery Deweese. Before the mass was finally diagnosed as cancerous in 2013, it had nearly doubled in size. Deweese died shortly thereafter. The family of Deweese — through…