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Articles Posted in Federal Civil Procedure

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Medical Malpractice Amputation Case Barred by Timeliness Under the Federal Tort Claims Act

The U.S. Court of Appeals for the Seventh Circuit in Chicago has affirmed a district court’s order dismissing a medical negligence case brought against the Department of Veteran Affairs. Jerome Augutis underwent reconstructive surgery on his right foot at Illinois’ Edward Hines Jr. Veterans Administration Hospital in July 2006. Because of…

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Medical Device Cases Brightened by Recent U.S. Court of Appeals Decision; Stengel v. Medtronic, Inc.

In a 9th Circuit decision handed down in January 2013, the court of appeals found that the Medical Device Amendments (MDA) to the Federal Food, Drug and Cosmetics Act were not a wedge to prevent a plaintiff from making a state negligence claim against Medtronic. In a series of previous cases…

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