In 2009, Gary Williamson was a postal worker who sought damages under the Federal Tort Claims Act (FTCA) for medical malpractice on the part of the Department of Veteran Affairs in the treatment of injuries he suffered in his right foot. Williamson usually worked a walking route, walking up to…
This appeal is from the district court’s dismissal, on statute of limitations grounds, of a medical malpractice lawsuit. The plaintiff, Johnnie Watkins, filed the action on behalf of her adult daughter, Johnnice Ford, who is a disabled person. The lawsuit alleged that Ford sought treatment at the emergency room of…
This case concerned the first of over 500 cases regarding the Wright Medical Conserve “metal-on-metal” hip replacement device designed and manufactured by the defendant. The plaintiff filed a products liability suit alleging, among other things, that the defendant was liable for design defects based on strict liability and negligence. On…
The U.S. Court of Appeals for the 7th Circuit in Chicago has overturned a summary judgment order that was entered by a U.S. District Court judge over whether an insurance company, Sun Life & Health Insurance Co. (U.S.), should pay death benefits to the husband of the plaintiff when he…
In a recent article appearing in the Harvard Law Record, the title of the article says it all: “Civil Trials Are Fast Becoming Extinct.” Civil jury trials and bench trials have seen a dramatic decline since 1986. This trend has followed in both state and federal courts and includes criminal cases…
In this case before the U.S. District Court for the Northern District of Illinois, the Federal Rules of Civil Procedure were examined closely with respect to a subpoenaed nonparty deposition. The court stated that nonparties will be protected by undue burden and that, in weighing requests to depose nonparties, courts…
In Illinois it is well-settled law that prohibits defendants and their lawyers from communicating with treating physicians without the consent of the patient. In this case, plaintiffs sued five pharmaceutical companies in federal court where it was claimed they were injured by testosterone-replacement products. In this multidistrict litigation case, one…
In what appears to be a change in 100 years of law, the 11th U.S. Court of Appeals in Atlanta has ruled that Royal Caribbean Cruise Lines can be successfully sued for medical malpractice by passengers who have been negligently injured or killed by the ship medical providers. The federal…
John Dux was alleged to have committed suicide because of a medical-malpractice incident at the Hines Veterans Administration Hospital in Maywood, Ill. The lawsuit brought by his daughter was filed against the United States government under the Federal Tort Claims Act, which included a claim for wrongful death. The parties…
When the government is the only defendant in a Federal Tort Claims Act, the statute of limitations is two years. It doesn’t matter whether the plaintiff — who is the injured party in a medical negligence case — was a minor at the time of the injury. The statute is…