Defective Knee Replacements

I successfully litigated a product liability case involving a Depuy knee implant and the surgeon who placed it. This recent verdict involves a different type of defect and a slightly different model. But the lesson remains true as always: medical malpractice cases are difficult, especially when mixed with product liability issues. Choose your lawyer carefully. […]

When A Settlement Isn’t Final?

Holding the carrier liable post-settlement for continuing care and expenses under Medicare rules is an uncommon and aggressive approach. In most cases, settlements result in a release that relieves the paying party from any ongoing financial responsibility. This argument – to hold the carrier for that at-fault responsible for expenses going forward –  bears watching, […]

My Successful Appeal of a Slander and Invasion of Privacy Claim

In the news: Ben Brody, a Jewish 22-year-old living in Los Angeles, has suffered harassment and permanent reputational damage ever since Musk amplified to his 158 million followers on X, formerly known as Twitter, false accusations tying Brody to the right-wing brawl, according to the complaint obtained by Law360 and lodged in Travis County District […]

Atty’s Deposition Conduct Nets $19K In Sanctions

Lawyers need to effectively manage their emotions when things get heated. In transcripts of various depositions examining the plaintiffs’ four experts, then-Kline & Specter attorney Thomas Bosworth “alternated between being rude, demeaning and obnoxious,” U.S. District Judge Stephanie L. Haines said in her Wednesday opinion, highlighting Bosworth’s use of a “higher-pitched, mocking tone to belittle […]

Do Qualified Protective Orders Maintain the Privacy of PHI Related to the Claim?

I advise my clients that the pursuit of a medical malpractice claim involves waiving the privacy and confidentiality of the medical issues related to the claim. I think that is customary advice in the legal community. Trying to parse out what may remain confidential, whether you have a “qualified protective order” or not, is an […]

Peer Review Privilege is Boken: we’re going to keep chipping away state by state

#QualityFraud A Pennsylvania appellate court’s recent ruling makes clear that a hospital’s internal documents are generally considered fair game for discovery in medical malpractice suits and the onus is on health care providers to prove otherwise, experts said. Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1723936?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-09-21&read_main=1&nlsidx=0&nlaidx=0?copied=1