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Posted on June 10, 2025 by Marty Aisenberg

DePuy and several other manufacturers of knee replacement systems have collectively been the subject of thousands of product liability lawsuits.  Litigation results have been mixed, and DePuy has settled some cases.  No doubt the outcome in most cases depends on whether the testimony of the plaintiff’s expert is admitted or excluded.  Today’s case involves DePuy’s successful exclusion of the plaintiff’s expert’s opinion and, as a result, summary judgment in its favor.  

Posted on May 27, 2025 by Mary Aisenberg

I was not familiar with this term before reading Hill v. Emergency Medicine of Idaho and Dr. Stuart Clive (3/27/25).  Perhaps the court wasn’t either, because the opinion repeatedly puts “hindsight bias” in quotation marks.  Or perhaps the quotation marks indicate an implied “so-called.”

Posted on May 13, 2025 by Vident Partners

Psychiatry has several recognized subspecialties that focus on different patient populations, clinical issues, or intersections with other medical fields.  The main psychiatry subspecialties include:

Posted on April 22, 2025 by Marty Aisenberg

In January we posted a summary review of the Johnson & Johnson (J&J) baby powder litigation.  A striking new development warrants an update: Judge Christopher Lopez of the U.S.

Posted on April 8, 2025 by Vident Partners

Medicare and Medicaid fraud represent a significant challenge to the financial integrity of the United States healthcare system.  The real cost of such fraudulent activities is multifaceted, encompassing direct financial losses, administrative burdens, compromised patient care, and erosion of public trust.

Financial Losses

Posted on March 25, 2025 by Marty Aisenberg

Consumer genetic testing services have revealed many such cases, which no doubt have resulted in some lawsuits, but Suprynowicz v. Tohan 1/14/2025) is the first one I’ve seen reported.  In this case, the Connecticut Supreme Court held that the adult children’s suit against the doctor – which was for ordinary negligence, not medical malpractice – was not a claim for wrongful life, which Connecticut does not recognize.  Here is the court’s introductory statement of the facts and the legal issue:

Posted on March 11, 2025 by Marty Aisenberg

Generative AI programs have a well-known tendency to “hallucinate” – that is, to simply fabricate information.  Three weeks ago, federal district court judge Kelly Rankin sanctioned three Morgan & Morgan attorneys for filing motions in limine with citations to eight cases that did not exist.  As this report explains:

Posted on February 11, 2025 by Vident Partners

Physical medicine and rehabilitation (PM&R) doctors, also known as physiatrists, are medical specialists who focus on improving the quality of life and functional abilities of patients with various physical impairments or disabilities.  They diagnose, treat and manage a wide range of conditions affecting the brain, spinal cord, nerves, bones, joints, ligaments, muscles and tendons.  Crucially, they provide comprehensive patient care, developing holistic treatment plans that address patients’ physical, social, emotional and vocational needs.  They take a whole-person approach, considerin

Posted on January 28, 2025 by Marty Aisenberg

In a previous post about health insurance fraud we wrote, “These fraudulent activities take a wide variety of forms, bearing witness to the inventiveness of those bent on health insurance fraud.”  https://www.videntpartners.com/blog/2024/many-faces-health-insurance-fraud.  The fraudulent scheme in today’s case, U.S. v. Julian Omidi (9th Cir. 1/16/2025), bears witness to that inventiveness.

Posted on January 14, 2025 by Vident Partners

A number of cosmetic (makeup) products – such as blush, eyeshadow, foundation, and liquid makeup – contain talc.  In recent years, every major cosmetics manufacturer has been sued for alleged contamination of talc-containing products with asbestos.  The plaintiffs assert that they have a well-founded fear that they will develop mesothelioma (which is caused only by inhalation of asbestos fibers) years from now and will require regular testing into the indefinite future.

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