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  • New Mexico Jury Awards Child, Mother $73.2 Million For Injuries During Delivery
    SANTA FE, N.M. - A jury in a New Mexico state court on Aug. 23 awarded $73.2 million, including $40 million in punitive damages, to a child who sustained a variety of injuries at birth and his mother, who had diabetes during pregnancy. The jury found a hospital system vicariously liable for health care providers' failure to properly track the baby's size during gestation and failure to advise the mother to have a C-section (Anne Sperling, et al. v. Pecos Valley of New Mexico LLC, No. D-101-CV-2016-00742, N.M. 1st Jud. Dist., Santa Fe Co.).

  • Ohio Jury Awards Woman $7.4 Million For Failure To Diagnose Brain Abscess
    SANDUSKY, Ohio - An Ohio jury on Aug. 28 awarded nearly $7.4 million to a woman who sustained massive neurologic damage after physicians failed to diagnose and treat a brain abscess and instead focused on investigating lung cancer that ultimately didn't exist (Sean Moorhead, et al. v. Firelands Regional Medical Center, et al., No. 2015-0170, Ohio Comm. Pls., Erie Co.).

  • Michigan Federal Judge Allows Gymnasts To Dismiss, Refile Claims In Light Of New Statute
    GRAND RAPIDS, Mich. - A Michigan federal judge on Sept. 7 granted a motion allowing female gymnasts alleging they were sexually abused by orthopedic physician Lawrence G. Nassar to dismiss their claims without prejudice and immediately refile to take advantage of a recently enacted state statute that retroactively extends the statute of limitations for survivors of alleged sexual assault who meet certain criteria (Rachael Denhollander, et al. v. Michigan State University, et al., Lead Case No. 17-29, W.D. Mich., Southern Div.).

  • 11th Circuit Affirms Ruling Barring Stranded Cruise Ship Claims As Untimely Filed
    ATLANTA - Negligence claims brought by a cruise ship's passengers after a fire in the ship's engine room caused a power outage and stranded the ship for days are barred by the 185-day notice provision in the passengers' ticket contract, which applied to the company that maintained the ship's engine and generators, the 11th Circuit U.S. Court of Appeals affirmed Aug. 30 (Cynthia Davis, et al. v. Valsamis Inc., No. 16-17081, 11th Cir., 2018 U.S. App. LEXIS 24681).

  • Pennsylvania High Court Reverses Immunity Exception Ruling In Parked Vehicle Suit
    HARRISBURG, Pa. - The Pennsylvania Supreme Court concluded Aug. 21 that a lower court erred in holding that the involuntary movement of a parked vehicle does not constitute the "operation" of a motor vehicle for the purposes of the vehicle liability exception to statutory governmental immunity. The state high court reversed and remanded in an action over the death of a worker killed when a vehicle hit a parked water authority vehicle and pushed it into him (Victoria Balentine, et al. v. Chester Water Authority, et al., No. 119 MAP 2016, Pa. Sup., Middle Dist., 2018 Pa. LEXIS 4299).

Scott Strait