Trial began this week in the first medical malpractice trial against OHSU in Oregon since last month when the Oregon Court of Appeals overruled the cap (in another malpractice case). Ken Ackerman, a former Portland TV anchorman, is the plaintiff and is suing Oregon Health & Science University for medical malpractice from a back surgery. There is a tort claim cap in Oregon, against valid public...
A new study solidifies beliefs that women of child-bearing age should avoid the epilepsy drug Depacon (valproate). Evidence showed that of 333 women followed, 20 percent of those taking Depacon suffered miscarriages or gave birth to babies with birth defects. Problems with three other drugs ranged from one to 11 percent. The study examined only women who took the epilepsy drugs from 199-2004,...
On July 26, 2006, our firm successfully concluded a case which involved both a medication error and medical malpractice. Our client was placed on Coumadin, a blood thinner, due to a rare clotting factor in her blood. Her doctor erred by taking her off the medication and she had a life-altering stroke, permanently disabling her.On April 29, 2005 Jane Doe sustained a massive stroke to the brain...
Five year old Alexis Hayes' cerebral palsy, lack of speech and need for a wheelchair came as a result of medical malpractice, an Ohio jury ruled last week. The jury awarded Hayes' family nearly $18 million for what they deemed was an anesthesiologist's error. The injuries occurred as Alexis was about to undergo surgery to remove a benign cyst on her neck.The hospital, which settled out of court...
Paulson Law firm has recieved a verdict for $600,000 in a claim last month against Willamette Dental. The damages awarded were for a lingual nerve injury. Our client's nerve was damaged during a routine wisdom tooth extraction, which left him with numbness and shooting, burning pain, a tingling sensation, and a throbbing pain in this tongue. He also experiences difficulty biting and using his...
Though a state law limits jury awards against public agencies to $200,000, the Oregon Court of Appeals ruled on July 5 that the family of a brain-damaged child could sue for millions of dollars. The family of Jordaan Michael Clarke sued Oregon Health & Science University for more than $17 million alleging their boy suffered permanent brain damage in 1998 due to medical malpractice while a...
A sixty-seven year-old Portland man was killed this weekend when his Ford Explorer rolled over during a crash in North Portland around North Chautauqua Blvd. and North Columbia Blvd.According to police, the man who was killed was slowly changing lanes when he struck another vehicle going in the same direction. The vehicle he struck ended up with minimal damage, but the man's Ford Explorer...
Fellow blogger Denise Rubin in NY talks about the recent announcement that ACE inhibitors have been linked to birth defects in the first trimester of pregnancy, specifically problems with fetal skull development, kidney problems and growth inhibition. ACE inhibitors such as catopril and lisinopril are prescribed to treat hypertension and are popular medications used for kidney protection in...
My colleague in Phoenix, Randall Udelman, takes issue with Arizona senator Jon Kyl. Kyl wants to solve the "medical malpractice crisis" by trying with medical malpractice cases without juries. I agree with Randy that this is a ridiculous idea. Be sure to check out his comprehensive medical malpractice and tort reform section.
Caps "fix" high jury verdicts by cutting down the ones where the jury finds that the reasonable amount of the damages is a number larger than the cap. Caps do not fix high premiums. States with caps have premiums that are similar to those without caps.High malpractice premiums have to do with how insurance companies work. Long ago, I thought the formula was premiums less claims and...
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