Jeff Catalano, a longtime client of ours, is one of Massachusetts’s leading medical malpractice / products liability / personal injury attorneys. He recently wrote about this unusual (and distressing) case for his firm’s occasional email newsletter, and he has graciously consented to our request to reprint it here.
I’m sure our readers will remember the multiple lawsuits filed against Ford in 2013, with attendant heavy media coverage, claiming that certain Ford vehicles were prone to unintended acceleration (UIA). The cases were consolidated in the U.S.
On March, 14, 2019 the Connecticut Supreme Court issued its decision in Soto v.
Vident Partners provides both consulting and testifying experts for all types of litigation. When an expert in a highly specialized field is needed, we often work with strategic partners, one of which is Flatwater Forensics. Below is a white paper from Flatwater discussing the advantages of engaging a consulting expert at the earliest stage of litigation. We are confident that our clients will find it of interest.
Many personal injury cases involve traumatic brain injury (TBI) cause by a closed head injury. The severity of TBI can vary quite widely, with a correspondingly wide range of damages. See generally https://www.mayoclinic.org/diseases-conditions/traumatic-brain-injury/symptoms-causes/syc-20378557.
On December 5, 2018 a class action lawsuit was filed against Pacific Gas & Electric – Burnett v. PG&E Corporation, https://www.classaction.org/media/burnett-et-al-v-pg-and-e-corporation-et-al.pdf. Paragraphs 4 and 5 of the complaint summarize the plaintiffs’ allegations as follows:
This case points up the extreme care and attention to detail that a plaintiff’s attorney must exercise in reviewing an expert’s affidavit in opposition to summary judgment. The case is Fernandez v. Alexander (Calif. Ct.
In a previous post I discussed negligent credentialing, a theory of recovery that enables a patient to hold a hospital liable for injuries caused by an independent contractor physician. This is not vicarious liability – that is, the hospital is not liable for the physician’s negligence merely because the physician breached the standard of care in a particular case. Rather, the hospital is directly liable for its own negligence if the physician is so manifestly incompetent or unqualified that the hospital should not have given him or her staff privileges, because in those circumstances it
Under the ancient common law doctrine of respondeat superior, a hospital is liable for the negligence of a physician who is an employee of the hospital, but is not liable for the negligence of an independent physician who has staff privileges to practice at the hospital, i.e., an independent contractor. However, a hospital can be liable if it should not have granted staff privileges to the independent physician in the first place. This theory of direct hospital liability, called negligent credentialing, is recognized in more than 30 states. The Missouri Supreme Court ha