After A.G., a minor, had two benign moles removed in 2004, his doctor gave him a prescription for ibuprofen. His parents, the Gaetas, bought an over-the-counter generic ibuprofen manufactured by Perrigo Pharmaceuticals (“Perrigo”). Later, A.G. developed a high fever and had to be rushed to the hospital and treated for liver failure. A.G. needed a [...]
Archive for the ‘Medical Malpractice’ Category
Ninth Circuit joins other circuits in holding that Levine applies to generic drug manufacturers.
Posted in Consumer Protection, Health Law, Medical Malpractice, tagged failure to warn, FDA, Wyeth v. Levine on January 25, 2011 | Leave a Comment »
Illinois Supreme Court strikes down cap of medical malpractice awards as a violation of separation of powers.
Posted in Constitutional Law, Health Law, Medical Malpractice, Torts, tagged Medical Malpractice, pain and suffering, separation of powers on February 5, 2010 | 5 Comments »
In 2005, Illinois adopted a law that limited jury awards for pain and suffering to $500,000 against doctors and $1 million against hospitals. Illinois medical and business industries supported the cap, claiming jury awards against medical providers had led to astronomical malpractice insurance rates, which in turn, had driven doctors out of the state. Trial [...]
California court holds psychiatrist has no duty to his patient’s victims.
Posted in Medical Malpractice, Torts, tagged medical negligence, wrongful death on April 13, 2009 | Leave a Comment »
Nineteen-year-old William Freund had suffered from Asperger’s Syndrome, a form of autism that affects social skills, and received treatment for that condition from Dr. Laurence Greenberg, a psychiatrist, for several years. Freund lived next door to the Smith family. He was friends with Brandon Smith and attended school with him. Freund had never exhibited any [...]
Arkansas Supreme Court refuses to allow intervention in probate estate case with felon as administrator.
Posted in Medical Malpractice, Practice & Procedure, Trusts & Estates on February 24, 2009 | Leave a Comment »
Kelly v. Estate of Kenneth Edwards, Sr., Deceased, No. 08-1234. Under Arkansas law, a person cannot serve as administrator of an estate if he or she is a convicted felon. In August 1996, plaintiff pled guilty to two felonies (theft of property and forgery). After his father died, plaintiff was appointed administrator of his father’s [...]
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