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  • Wisconsin High Court Says State Cap On Noneconomic Damages Is Constitutional
    MADISON, Wis. - The Wisconsin Supreme Court concluded on June 27 that the state's $750,000 cap on noneconomic damages in medical malpractice judgments is constitutional, both facially and as applied to a $15 million jury award to a woman who had four limbs amputated due to sepsis after an emergency room misdiagnosis. It reversed an appeals court decision and overruled a prior state high court decision on an earlier cap (Ascaris Mayo, et al. v. Wisconsin Injured Patients and Families Compensation Fund, et al., No. 2014AP2812, Wis. Sup., 2018 Wisc. LEXIS 306).

  • Ophthalmologist Had No Role In Plaintiff's Surgery, Says New York Appellate Court
    BROOKLYN, N.Y. - A trial court erred in refusing to dismiss an ophthalmologist from a medical malpractice suit, a New York appellate court ruled July 5, concluding that he sufficiently established that he had no role in the plaintiff's treatment or no authority over the doctor who performed her surgery (Mary V. McAlwee v. Westchester Health Associates, PLLC, et al., No. 2017-09841, N.Y. Sup., App. Div., 2nd Dept., 2018 N.Y. App. Div. LEXIS 4996).

  • $10.6 Million Jury Award Against Georgia City Vacated In Shooting Death Lawsuit
    ATLANTA - A Georgia appeals court on June 26 ruled that a trial court erred in denying a city's motion for judgment notwithstanding the verdict following a $10.6 million jury verdict against the city in litigation over a shooting death outside a business operating illegally as a nightclub, finding that the plaintiffs were unable to show the criminal activity at the location constituted a nuisance maintained by the city or that the city's sovereign immunity was waived (Albany v. Sheryl Stanford, et al., No. A18A0699, Ga. App., 3rd Div., 2018 Ga. App. LEXIS 419).

  • Boy Crushed By Tree Receives $47.5 Million In Record Settlement
    REDWOOD CITY, Calif. - Pacific Gas and Electric Co., a California county and tree maintenance contractors announced a $47.5 million settlement on June 27 with a boy who was severely injured when a tree fell on his campsite (Zachary Rowe v. Pacific Gas and Electric Co., et al., No. 515962, Calif. Super., San Mateo Co.).

  • South Carolina High Court Says Genetic Testing Labs Are 'Licensed Health Care Providers'
    COLUMBIA, S.C. - Asked to determine whether genetic testing laboratories are "licensed health care providers" under a state medical malpractice statute in a suit over a deceased child's misdiagnosed epileptic condition, the South Carolina Supreme Court responded affirmatively on June 27, saying the labs perform a core function of hospitals in diagnosing and treating patients (Amy Elizabeth Williams v. Quest Diagnostics, Inc., et al., No. 27818, S.C. Sup., 2018 S.C. LEXIS 80).

Scott Strait