Justia Injury Law Opinion Summaries

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Plaintiffs filed suit against Mentor, alleging causes of action for negligence and negligence per se based on Mentor's negligent failure to warn and negligent manufacturing of breast implants, strict products liability for failure to warn, and strict products liability for manufacturing defects. The Court of Appeal reversed the trial court's judgment and entered an order overruling the demurrer to the third amended complaint. The court held that the tort claims in this case survive preemption because they are premised on conduct that both violates the Medical Device Amendments (MDA) to the Food, Drug, and Cosmetics Act and would give rise to a recovery under state law even in the absence of the MDA. The court also held that plaintiffs pleaded the requisite causal connection between their injuries and Mentor's tortious acts to survive a demurrer. Finally, the trial court erroneously sustained Mentor's demurrer to the loss of consortium claim because it was derivative of the other claims. View "Mize v. Mentor Worldwide LLC" on Justia Law

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Lula McLeod and her husband, John McLeod, appeal the circuit court’s dismissal of their medical-negligence case on grounds that it was filed outside of the limit in the applicable statute of limitations. The Mississippi Supreme Court found that because the record reflected the case was timely filed, the circuit court’s judgment should be reversed and the matter remanded for further proceedings. View "McLeod v. Millette" on Justia Law

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This case arose out of a stabbing that took place outside of an Idaho Falls bar. Steven and Audra Fell were patrons of the First Street Saloon, owned and operated by Fat Smitty’s L.L.C. (Fat Smitty’s). Towards the end of the evening, an altercation took place that resulted in Steven Fell being stabbed by another patron, LaDonna Hall. The Fells filed a complaint against Fat Smitty’s, alleging Fat Smitty’s breached its duty to: (1) warn the Fells, as invitees, of any hidden or concealed dangers in the bar; (2) keep the bar in a reasonably safe condition; and (3) protect the Fells from reasonably foreseeable injury at the hands of other patrons at the bar. The district court granted summary judgment in favor of Fat Smitty’s, ruling that the Fells’ claims were barred by Idaho’s Dram Shop Act because the Fells failed to give Fat Smitty’s timely notice of their claims. The Fells appealed the district court’s grant of summary judgment. Finding no reversible error, the Idaho Supreme Court affirmed. View "Fell v. Fat Smitty's" on Justia Law

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In this personal injury case arising from a bar fight at the San Lo Leyte VFW Post #7515 in Clyde, Kansas (VFW) between Plaintiff and a third party patron of the bar the Supreme Court affirmed the decision of the court of appeals reversing the district court's summary judgment in favor of the VFW, holding that there were still necessary questions of fact left unanswered, and therefore, summary judgment was not appropriate. On appeal, Plaintiff argued that despite the injury occurring off VFW-owned premises, the VFW's duty to protect Plaintiff from the assault, and the breach of that duty, arose while Plaintiff and the third party were still inside the bar. The court of appeals agreed, concluding that negligence could have arisen when all parties were on the VFW's premises. The Supreme Court affirmed, holding that questions of fact existed regarding the foreseeability of Plaintiff's injury and whether a breach of duty occurred, precluding summary judgment. View "Hammond v. San Lo Leyte VFW Post #7515" on Justia Law

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The Supreme Court affirmed in part and reversed in part the decision of the court of appeals affirming the Nebraska Worker's Compensation Court's awards for injuries suffered by Halina Picard in two separate accidents, holding that the court of appeals correctly found that the doctrine of apportionment did not apply but erred in affirming the award of benefits for Picard's 2015 accident and injury. In 2016, Picard filed claims against P & C Group 1, Inc. relating to industrial injuries she received in 2012 and 2015. The compensation court determined that Picard was entitled to an award for a whole body injury based on both injuries, that apportionment was not appropriate, and that Picard was entitled to attorney fees. The court of appeals affirmed the awards for Picard's 2012 and 2015 injuries and reversed the attorney fees award. The Supreme Court reversed Picard's award of benefits for the 2015 injury, holding that the court of appeals (1) did not err in vacating Picard's attorney fees award; (2) did not err in finding that apportionment was inapplicable and determining that Picard's second injury award should not be apportioned with the first; and (3) erred in disregarding Picard's disability from the 2012 accident when assessing her lost earnings from the 2015 injury. View "Picard v. P & C Group 1, Inc." on Justia Law

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In July 2010, L.M. was born at full-term and developed normally for six months. In February 2011, L.M. received childhood vaccines, including the diphtheria-tetanus-acellular pertussis vaccination. By that evening, L.M. had a fever, was lethargic, had poor muscle tone, and would not eat., Any disturbance caused L.M. to scream. L.M. began to have several seizures a day. At seven years of age, L.M. could crawl and walk with the assistance of a walker. She had a poorly coordinated grasp, suffered cortical visual impairments, and was nonverbal, though she could use a few signs to express ideas such as “yes,” and “no.” Testing revealed that L.M. had a genetic mutation. In a claim under the National Vaccine Injury Compensation Program, L.M. alleged that the vaccinations administered to L.M. in February 2011, significantly aggravated L.M.’s pre-existing condition under two alternative theories. The Special Master denied the petition, finding that L.M.’s genetic mutation was “the most compelling explanation for her predisposition to develop a seizure disorder.” The Federal Circuit affirmed the denial of an “on-table” claim, finding no support for an argument that most encephalopathies do not become acute until after vaccination. The court vacated and remanded the denial of an “off-table” claim, which requires determining whether the child’s receipt of vaccinations significantly aggravated her seizure disorder in the face of an underlying genetic mutation. View "Sharpe v. Secretary of Health and Human Services" on Justia Law

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The Supreme Court affirmed the judgment of the district court in favor of the Billings Clinic on the negligence claim brought by Plaintiffs Nancy Nolan and her husband Thomas Garrity after Nolan slipped and fell on ice and snow near the Clinic's entrance, holding that there was no abuse of discretion. Specifically, the Supreme Court held that the district court did not abuse its discretion when it (1) did not impose further sanctions on the Clinic for its failure to preserve video evidence; (2) admitted a weather report through Garrity, who had no personal knowledge of the report; (3) refused to allow Plaintiffs to introduce evidence of other falls on the Clinic's premises; and (4) refused to give Plaintiffs' proposed jury instruction on a Billings municipal ordinance regarding snow removal without evidence that the Clinic received a citation for violating the Municipal Code. View "Nolan v. Billings Clinic" on Justia Law

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The First Circuit affirmed the judgment of the district court granting summary judgment for Defendants and dismissing Plaintiff's tort action stemming from the death of Dr. George Holland while he was vacationing at a hotel located in Fajardo, Puerto Rico, holding that there was insufficient evidence to establish the causation element of Plaintiffs' tort claim. Plaintiffs, Dr. Holland's wife and their children, asserted a tort claim under Article 1802 of the Puerto Rico Civil Code against the hotel, its insurer and other entities stemming from Dr. Holland's death while he was snorkeling close to an island near the hotel. The district court granted Defendants' motion for summary judgment in its entirety. The First Circuit affirmed, holding that Appellants did not point to evidence in the record from which a reasonable jury could rule in their favor as to the causation element of their tort claim, and therefore, summary judgment was appropriate. View "Baum-Holland v. Hilton El Con Management, LLC" on Justia Law

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The Supreme Court held that Plaintiff's injury-by-disease was compensable under Hawai'i's workers' compensation law because the employer failed to overcome the presumption in favor of compensability. Plaintiff filed a workers' compensation claim for injury-by-disease. The Labor and Industrial Relations Appeals Board (LIRAB) rejected the claim, concluding that the employer's Independent Medical Examinations (IME) reports provided sufficient substantial evidence to overcome the statutory presumption in favor of compensability. The intermediate court of appeals (ICA) affirmed. The Supreme Court vacated the ICA's judgment and the LIRAB's decision, holding that the employer's IME reports failed to provide substantial evidence to meet its burden to produce evidence that, if true, would overcome the statutory presumption that the injury was work-related. The Court remanded the case to the LIRAB with the instruction that Plaintiff's injury-by-disease was compensable under Hawai'i's workers' compensation law. View "Cadiz v. QSI, Inc." on Justia Law

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Defendants Curt Freudenberger, M.D., and Sportsmed Orthopedic Surgery & Spine Center, P.C. petitioned the Alabama Supreme Court for a writ of mandamus to direct the Madison Circuit Court to vacate its October 10, 2019, protective order to the extent it imposes conditions upon ex parte interviews defense counsel intends to conduct with physicians who treated one of the plaintiffs, Rhonda Brewer, in connection with her injuries. In August 2019, Rhonda and her husband, Charlie, sued Dr. Freudenberger and Sportsmed Orthopedic (collectively, "defendants"), asserting claims of medical malpractice based on injuries Rhonda allegedly suffered during the course of a surgical procedure performed by Dr. Freudenberger. Charlie also asserted a claim of loss of consortium. Before discovery, defendants moved for the entry of a "qualified protective order," pursuant to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), and filed a proposed order with their motion. The trial court entered a qualified protective order authorizing the disclosure of Rhonda's protected health information; the order, however, imposed conditions on defense counsel's contacts with her treating physicians. Defendants moved the trial court to reconsider its order, contending that Alabama law allowed ex parte interviews with treating physicians, that HIPAA did not prohibit ex parte interviews with treating physicians, and that the restrictions imposed effectively deprived them from conducting ex parte interviews. The trial court denied reconsideration. The Supreme Court determined the trial court exceeded its discretion by requiring the Brewers' counsel to receive notice of, and have an opportunity to attend, ex parte interviews that defense counsel intended to conduct with Rhonda's treating physicians. Accordingly, the additional conditions imposed by the trial court were not justified based on the Brewers' objection that ex parte communications would violate HIPAA and the Alabama Rules of Civil Procedure. The Court granted defendants' petition and issued the writ. The trial court was directed to vacate its order to the extent it imposed conditions upon defense counsel's ex parte interviews with Rhonda's treating physicians. View "Ex parte Freudenberger" on Justia Law