United States of America

Our law firm handles medical malpractice cases around the country.  These are some of the questions we are most commonly asked by people who have suffered or lost a loved one because of the medical malpractice of a doctor or other healthcare provider.

What is the Average Settlement for Medical Malpractice?

If you have a potential medical malpractice claim, you may be wondering how much it could be worth or what the average settlement value is for malpractice cases.  Nationwide, the average value of a medical malpractice settlement or verdict is roughly $250,000.  (Our law firm’s average in recent years is in the millions.)  Of course, this is a macro scale number that doesn’t necessarily tell you very much about the potential value of your individual case. For a better understanding of how to value your own case, there are a few things to keep in mind.  First, the value of a claim is driven not by how badly the doctors messed up, but by how serious the resulting injuries were.  In other words, malpractice values are based on the level of injury not the level of negligence.  No matter how egregious or grossly negligent the doctors were,  if it only results in minor injuries the case will not be worth very much.  When the malpractice results in a serious, permanent injury or death the case will be worth much more.

Our law firm handles birth injury cases all over the country. We recently picked up a case in Minnesota. The first thing we need to do when going to a new jurisdiction is research the law and talk to local counsel. I thought it would be a good idea to publish our research. If someone else had done put their results online, it would have made our job a lot easier.

What is the Statue of Limitations for Minnesota Medical Malpractice Claims?

Under Minnesota law, all malpractice claims against “health care providers” must be brought within 4 years of the date that the “cause of action accrued.” Min. Stat. § 541.076. The term “health care provider” includes doctors, dentists, nurses, therapists and any other licensed professional. It also includes hospitals, nursing homes and other facilities providing medical care. Min Stat. § 145.61.  (In birth injury cases in Minnesota, the statute of limitations is seven years.)

backpainlowOne verdicts and settlements database found that the median plaintiff’s verdict award for motor vehicle cases that involved back injuries is $212,500. For all car, truck, and motorcycle accident injury cases in the database that earned a plaintiff’s verdict, the median award is $300,000.

 Sample Verdicts and Settlements in Back Injury Cases

courtroomSome 3T heater-cooler devices manufactured by LivaNova, PLC may have caused dangerous and deadly Nontuberculous Mycobacteria (NTM) infections in many patients. 3T heater-cooler devices are used in cardiothoracic surgeries, which usually involve the heart, lungs, or esophagus. The common nature of these surgeries means that more than 500,000 patients may have a cause for concern.

As a result, a 3-T Heater-Cooler class action lawsuit has been filed.  Our law firm is talking to potential victims about joining the class action lawsuit (technically an MDL).

What Is Going On?

 car collisionThe average verdict in a personal injury case in Minnesota is $271,577. The national average is $885,600.

Does this mean Minnesota juries are not sympathetic to personal injury victims? I think it might, actually. In fact, I think the statistics might actually underestimate how stingy Minnesota juries can be.

Why? The biggest driving force in personal injury verdicts is car accidents because is the most common type of personal injury case. So the state’s law in dealing with car accident claims is going to make a more meaningful impact on personal injury statistics.

Just for Men pitchmen like Keith Hernandez may promise we will “Go from Grey to Great” but some are finding an unpleasant catch to the inexpensive hair and beard dye. Specifically, customers are complaining of painful reactions after using the product to clean up their patches of grey.

Just for Men’s manufacturer, Combe Incorporated hasn’t issued a recall of any of their hair dye products and most negative reactions to the products are usually temporary. But for many middle-aged men hoping to hold onto that youthful look a little longer, Just for Men’s potential for skin irritation and other issues may do more to harm than help.

Consumer Complaints Old and New

New York City
Jury Verdict Research’s recent study finds that the compensatory median award for personal injury trials in New York is $287,628, dwarfing nationwide median is $34,550.

New York has favorable juries, particularly in its urban areas. But the reality is that this number is distorted by the lack of smaller and midsized car accident lawsuits. Under New York’s no-fault law, an insurance company is required to pay drivers, passengers, and pedestrians up to $50,000.00 for their legitimate economic and medical losses but does not provide for pain and suffering. Only permanent injuries cases can recover more than $50,000. This leads to fewer lawsuits in smaller cases – of which there are many – which increases the overall award in New York.

Parents of newborns are quick to ask whether something happening during the birth process that caused harm to their child. Sometimes, there are signs that are a reasonable cause for concern. Of course, there are also instances where we fear for our children without a lot of foundation.

Ground Zero for Concern

The most reasonable cause of concern for parents of a newborn with a birth injury is if they were told that their child suffered a loss of oxygen. Birth injury cases have a lot of different fact patterns. But, the most common thread is oxygen deprivation during the birthing process. If you are told that your child was deprived of oxygen for any significant period of time, there is a reason to fear a birth injury that could impact your child. Still, it does not mean that your child suffered any injury.

MirenaIUD

Mirena Lawsuits Gearing Up for Trial

There is a lot of confusion out there about Mirena lawsuits.  Women are confused that there are so many lawyers in 2018 looking for Mirena cases yet they cannot find a lawyer.  If you are frustrated, I completely understand.  Let me try to explain because there are not a lot of good explanations out there.

When these lawsuits began, plaintiffs’ lawyers filed thousands of Mirena lawsuits.  The focus in the litigation was:

  1. What Bayer HealthCare Pharmaceuticals knew about the risks associated with IUDs in general and, specifically, with Mirena?
  2. Why didn’t the company do a better job of communicating the risks of uterine perforation and migration?
  3. What Bayer tried to do to make its IUD as safe as possible?
  4. Were profits the motive to avoid making the warning clearer?

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A Philadelphia jury crushed Bayer and Johnson and Johnson earlier this month with a $27.8 million verdict.  The jury awarded $1.8 million in compensatory damages and $26 million in punitive damages.

The punitive damage award is key because Bayer had to be thinking they could win these cases after winning three in a row in federal court.  This resounding victory changes the game.

While $28 million is chump change to these companies.  But these cases could be worth billions.  This gets the attention of corporate.  The value the Xarelto is a big question mark on their balance sheets right now. Moreover, the fear of loss of revenue from these drugs.  Meaningful settlement talks a global class action settlement may not be far away.