The primary insurer for a Colorado climbing gear company said an excess insurer’s bid to get out of liability for a climber’s injuries should be heard in a Washington state malpractice suit, arguing in a motion that the policy dispute is “intertwined” with lawyer misconduct in the underlying product liability case.

Read more at: https://www.law360.com/articles/1787996?e_id=25d2963f-1ea0-460a-a386-3cba85706e60&utm_source=engagement-alerts&utm_medium=email&utm_campaign=similar_articles?copied=1

Here are links to just a few of the cases in which I fought through coverage issues to obtain full recoveries for my clients:

Owens v. Nationwide

Signorelli v. Fireman’s Fund

Bethany Morris

The post Insurance Coverage Issues and Fighting Through Delay appeared first on The Thompson Law Firm.

A Florida jury tacked on $50 million in punitive damages to a roughly $211 million award to the family of Maya Kowalski, the child at the center of the Netflix documentary “Take Care of Maya,” against Johns Hopkins All Children’s Hospital for mistreating Maya to the point that her mother took her own life.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1739675?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-11-13&read_main=1&nlsidx=0&nlaidx=0?copied=1

I have been following this case and blogged about it

here (“A Difficult Case”), 

here  (“I Was Afraid This Would Happen”), and    

here (Juror Questions).

Medical malpractice cases are difficult on their own. When you add novel issues regarding damages and liability, they can become overwhelming. In addition, this case was tried in a jurisdiction considered by most trial lawyer to be relatively conservative.

I tackled similar issues in a neighboring county. You can read the results of that successful appeal

here (Estate of Thomas versus Lee Memorial Health System).

I have nothing but complete admiration for Maya’s family and their legal team for this brilliant result and wish the best for them during the inevitable appeal.

The post A major victory for Maya’s family, their lawyers, and patients everywhere. I cannot overstate how impressive this work is under difficult circumstances. appeared first on The Thompson Law Firm.

As I noted a month or so ago, in this post, when Maya’s trial started – these cases are “trying for all involved”.

From the trial of Maya’s case …

Johanna Klink, who was Maya’s bedside nurse in the pediatric intensive care unit, testified that the 10-year-old girl repeatedly cursed at staff and would tell her “I want my effing sedation” during her stay at All Children’s in October 2016, with the nurse using a euphemism for the expletive.

At one point when the two of them were alone in Maya’s room, Klink says Maya told her, “I’m tired of all these lies. My life is a lie.” Klink noted the exact words in Maya’s chart, which was shown to jurors Thursday.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1734420?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-10-20&read_main=1&nlsidx=0&nlaidx=0?copied=1

I spend a lot of time with my clients preparing them for all aspects of litigation. This is time well spent because it reduces the stress my clients experience.

The post I Was Afraid This Would Happen appeared first on The Thompson Law Firm.

The post The Way My Mother Tells The Story appeared first on The Thompson Law Firm.

A California state judge declared a mistrial Monday in a contentious legal malpractice case over allegations Geragos & Geragos botched a medical malpractice suit, an outcome that a Geragos attorney attributed to a purported physical altercation between lawyers in the hallway outside court last week.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1697825?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-07-11&nlsidx=0&nlaidx=0?copied=1

The post There’s No Course For Fist-Fighting In Law School appeared first on The Thompson Law Firm.

“Six Flags cannot take the fright out of Fright Fest, just as baseball teams cannot remove their bats and balls without fundamentally changing the game,” the opinion reads.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1690823?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-06-21&nlsidx=0&nlaidx=0?copied=1

The post Six Flags Not Liable For Woman’s Injury Fleeing From Clown appeared first on The Thompson Law Firm.

At issue on appeal is a jury instruction stating that jurors were to find in favor of the hospital if they determined that Lane’s then-boyfriend, Ben Andrews, had abused Hollis.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1688549?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-06-14&nlsidx=0&nlaidx=4?copied=1

The post Missouri Hospital Keeps Trial Win In Shaken Baby Case appeared first on The Thompson Law Firm.

Between 2019 and 2020, the all-cause mortality rate for ages 1 to 19 years increased by 10.7%, and it increased by an additional 8.3% between 2020 and 2021

Here is the link to the study:

JAMA: The New Crisis of Increasing All-Cause Mortality in US Children and Adolescents

The post Multiple Factors Are Causing An Increase In American Infant Mortality Rates appeared first on The Thompson Law Firm.

I have stood on a mountain of no’s for one yes.

B. Smith

The post “I have stood on a mountain of no’s for one yes.” appeared first on The Thompson Law Firm.

Across the country, children have for weeks been slammed with a massive, early wave of viral infections—driven largely by RSV, but also flu, rhinovirus, enterovirus, and SARS-CoV-2. Many emergency departments and intensive-care units are now at or past capacity, and resorting to extreme measures. At Johns Hopkins Children’s Center, in Maryland, staff has pitched a tent outside the emergency department to accommodate overflow; Connecticut Children’s Hospital mulled calling in the National Guard. It’s already the largest surge of infectious illnesses that some pediatricians have seen in their decades-long careers, and many worry that the worst is yet to come. “It is a crisis,” Sapna Kudchadkar, a pediatric-intensive-care specialist and anesthesiologist at Johns Hopkins, told me. “It’s bananas; it’s been full to the gills since September,” says Melissa J. Sacco, a pediatric-intensive-care specialist at UVA Health. “Every night I turn away a patient, or tell the emergency department they have to have a PICU-level kid there for the foreseeable future.”

Here’s a link to the article in The Atlantic

The Worst Pediatric-Care Crisis in Decades

The post We’re Having A Pediatric Care Crisis appeared first on The Thompson Law Firm.