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Category Archives: Articles

Federal Court of Appeals Reverses Dismissal of Case Alleging Vaccination Caused Plaintiff’s Epilepsy

By Wais, Vogelstein, Forman, Koch & Norman, LLC |

The United States Court of Appeals for the Federal Circuit, which hears appeals from federal administrative agency decisions, recently released an opinion that reversed the dismissal of a claim made by parents who allege that their daughter developed epilepsy as a result of receiving her second dose of the measles, mumps, and rubella (“MMR”)… Read More »

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Pharmaceutical Company Bayer Faces Class Action Lawsuit over Implanted Birth Control Device

By Wais, Vogelstein, Forman, Koch & Norman, LLC |

Several lawsuits have been filed recently that allege permanent or semi-permanent birth control devices are causing medical problems among women who have had them implanted. A recent news article discusses a lawsuit that has been filed against the Bayer Corporation regarding their product Essure, which is a permanent device consisting of spring-like metal coils… Read More »

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Doctor Removes Wrong Rib from Patient During Surgery and Attempts to Cover Up the Mistake

By Wais, Vogelstein, Forman, Koch & Norman, LLC |

It is a surprisingly common occurrence for doctors and surgeons to make a blatant error during a procedure, and worse yet they may try and cover up their mistake or blame the patient to avoid liability for the damages that resulted from their malpractice. In the event that a doctor commits malpractice and tries… Read More »

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Failure to Recognize Signs of Fetal Distress During Delivery Can Lead to a Malpractice Claim

By Wais, Vogelstein, Forman, Koch & Norman, LLC |

Doctors and medical staff have to look out for a number of issues that can arise during a child’s birth. One of these involves the amount of oxygen that the baby is receiving during the delivery. Hypoxic-ischemic encephalopathy, or HIE, is a brain injury caused by oxygen deprivation to the brain. If a baby… Read More »

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Jury Awards $1.52 Million to Woman after Complications Related to a Botched Hysterectomy

By Wais, Vogelstein, Forman, Koch & Norman, LLC |

A $1.52 million jury verdict that was recently awarded to a woman after a medical malpractice trial demonstrates the potential benefits malpractice victims can see when stubborn medical providers and insurance companies, as well as the attorneys who represent them, refuse to offer a reasonable settlement once a claim is filed. The unanimous verdict… Read More »

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Two Hospitals Split Responsibility for $30 Million Medical Malpractice Settlement

By Wais, Vogelstein, Forman, Koch & Norman, LLC |

When a patient is injured due to the negligent care provided by a physician, there can be several parties responsible. Of course, the doctor providing the care is who immediately comes to mind, but medical malpractice lawsuits are most often brought against a number of defendants, including the doctor’s support staff, practice group, and… Read More »

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Confidential Settlements in Medical Malpractice Cases

By Wais, Vogelstein, Forman, Koch & Norman, LLC |

Personal injury lawsuits most often do not go to trial, but are resolved in a pre-trial settlement between the parties. This can occur for several reasons. For example, if the defendants named in a medical malpractice lawsuit believe that the plaintiff’s case is substantiated, and may result in a plaintiff’s verdict at trial, the… Read More »

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Limits on Medical Malpractice Damages Vary by State and the Type of Damages Sought

By Wais, Vogelstein, Forman, Koch & Norman, LLC |

The federal government and most U.S. states place limits on the amount of damages a medical malpractice victim is able to recover from a claim against medical providers whose negligence resulted in the victim’s injury, disability, or death. The maximum amount of damages allowed by the caps and the types of damages affected by… Read More »

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Birth Injury Case Alleging Erb’s Palsy Dismissed for Failure to Meet Statute of Limitations

By Wais, Vogelstein, Forman, Koch & Norman, LLC |

The Seventh Circuit United States Court of Appeals recently released an opinion in which it affirmed the dismissal of a case filed by the mother of an alleged birth injury victim who claims her daughter was born with an arm injury and developed Erb’s Palsy as a result of medical negligence surrounding the care… Read More »

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Jury Awards $3 Million Verdict in Medical Malpractice Lawsuit

By Wais, Vogelstein, Forman, Koch & Norman, LLC |

A jury in Georgia decided late last month to award $3 million to the surviving spouse of a woman who died two days after having what was supposed to be a routine surgery in 2009. According to a local news article discussing the verdict, the husband was awarded the verdict from one of the… Read More »

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