FDA’s Draft Guidance on When to Submit A 501(k) Bolsters Potential for...
By: Michael Bruyere and Amanda Hall On August 8, 2016, the FDA issued draft guidance on “Deciding When to Submit a 510(k) for a Change to an Existing Device.” Current regulations provide that a...
View ArticleHow Fine is the Line Between Medical Malpractice and Life in Prison?
By: Shaun Daugherty It was all over the major news networks and the print media. On Monday, February 21, 2017, a Dallas, Texas jury sentenced Dr. Christopher Duntsch, neurosurgeon, to life in prison...
View ArticleFederal Court Rejects Jane Doe’s Wrongful Conception Claims Too
By: Shaun Daugherty It made headlines when several families around the county sued Atlanta based sperm bank Xytec Corp. for claims that they were lied to regarding the specific characteristics of a...
View ArticleEthical Code Does Not Prevent Expert Testimony
By: Shaun Daugherty In a recent, factually interesting decision by an Illinois Court of Appeal, a defense verdict in a dental malpractice case was overturned for a variety of reasons related primarily...
View ArticlePharmaceutical Company Held Liable for Lawyer’s Suicide
By: Kristian N. Smith A federal jury in Illinois recently held GlaxoSmithKline liable for the death of a Reed Smith LLP partner, Stewart Dolin. The jury found that the generic version of GSK’s Paxil...
View ArticleFlorida Supreme Court Strikes Down Damage Caps in Med Mal Cases
By: Melissa A. Santalone Almost a year to the day after hearing oral argument on the case of North Broward Hospital District v. Kalitan, the Florida Supreme Court finally issued its decision striking...
View ArticleThe Supreme Court Buys Into Argument that Plaintiffs Should Not Be Permitted...
By: Kristian Smith & Robyn Flegal The U.S. Supreme Court decided one of the most important mass tort/product liability decisions ever Monday, effectively ending forum shopping or “litigation...
View ArticleInformed Consent! What Is It Good For? Absolutely Nothing. Say It Again.
By: Shaun Daugherty Ok. That may be a bit extreme. After all, it is in the American Medical Association’s Code of Medical Ethics and the concept is addressed in most medical professional organizations...
View ArticleMedical Expert Witness Reports in California: When to Produce Them…and When...
By: Jon H. Tisdale We are all familiar with the mandate that a defense medical examination report, the so-called “IME”, must be produced upon written request by the patient’s attorney. California law...
View ArticleArbitration Clauses Are Only As Good As the Signatory’s Power to Bind, Obviously
By: Shaun Daugherty A name is just a name when it was found on the signature line of an arbitration agreement between a Tift County Georgia nursing home and one of its residents. A U.S. District Judge...
View ArticleFederal Court Rejects Jane Doe’s Wrongful Conception Claims Too
By: Shaun Daugherty It made headlines when several families around the county sued Atlanta based sperm bank Xytec Corp. for claims that they were lied to regarding the specific characteristics of a...
View ArticleEthical Code Does Not Prevent Expert Testimony
By: Shaun Daugherty In a recent, factually interesting decision by an Illinois Court of Appeal, a defense verdict in a dental malpractice case was overturned for a variety of reasons related primarily...
View ArticlePharmaceutical Company Held Liable for Lawyer’s Suicide
By: Kristian N. Smith A federal jury in Illinois recently held GlaxoSmithKline liable for the death of a Reed Smith LLP partner, Stewart Dolin. The jury found that the generic version of GSK’s Paxil...
View ArticleFlorida Supreme Court Strikes Down Damage Caps in Med Mal Cases
By: Melissa A. Santalone Almost a year to the day after hearing oral argument on the case of North Broward Hospital District v. Kalitan, the Florida Supreme Court finally issued its decision striking...
View ArticleThe Supreme Court Buys Into Argument that Plaintiffs Should Not Be Permitted...
By: Kristian Smith & Robyn Flegal The U.S. Supreme Court decided one of the most important mass tort/product liability decisions ever Monday, effectively ending forum shopping or “litigation...
View ArticleInformed Consent! What Is It Good For? Absolutely Nothing. Say It Again.
By: Shaun Daugherty Ok. That may be a bit extreme. After all, it is in the American Medical Association’s Code of Medical Ethics and the concept is addressed in most medical professional...
View ArticleMedical Expert Witness Reports in California: When to Produce Them…and When...
By: Jon H. Tisdale We are all familiar with the mandate that a defense medical examination report, the so-called “IME”, must be produced upon written request by the patient’s attorney. California law...
View ArticleArbitration Clauses Are Only As Good As the Signatory’s Power to Bind, Obviously
By: Shaun Daugherty A name is just a name when it was found on the signature line of an arbitration agreement between a Tift County Georgia nursing home and one of its residents. A U.S. District Judge...
View ArticleOrdinarily, Is It Professional Negligence? Georgia Supreme Court Thinks So In...
By: Shaun Daugherty The Georgia appellate courts have addressed the issues between claims of ordinary and professional negligence in medical malpractice cases for a number of years. The standards for...
View ArticleGeorgia Prescription Drug Monitoring Program – The Last Deadline Approaches
By: Shaun Daugherty For those of you that have not been residing off planet these last few years, you know that there is a lot of coverage of the opioid “crisis” across the United States. Many states...
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