Monthly Archives: November 2014

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Happy Thanksgiving from Lozner and Mastropietro

Holiday legal briefs

Few exonerees receive payment for wrongful convictions in Oklahoma After nearly 10 years of fighting to get some compensation following his release, Wilhoit had not seen a dime from the state under its 2003 law providing compensation for wrongful convictions.  Tulsa World Courts shortchange malpractice victims in Pennsylvania There is a silent crisis in our civil justice system: the uncompensated victim of medical negligence. Times Read More →

Product liability bills introduced in Senate and House

Connecticut Senator Richard Blumenthal and New York Congressman Jerrold Nadler have introduced bills designed to prohibit secret settlements in product liability cases. Both bills are titled The Sunshine in Litigation Act of 2014.  In addition, Blumenthal introduced two other bills,  The Hide No Harm Act and  The Automaker Accountability Act. The Sunshine Act would, according to the New York Times, require federal judges to consider Read More →

New York Appeals Court rules rent stablization an “essential need.”

A divided Court of Appeals have sided with an 80 year-old widow who has been fighting to remain in her stabilized apartment in the East Village. Writing for the majority in the 5-2 decision, Judge Sheila Abdus-Salaam wrote that “affordable housing is an essential need.” The Court also noted that rent stabilization is a governmental “exceptional regulatory scheme” which is applies to a “specifically targeted Read More →

Oregon wild animal sanctuary sued for death of keeper.

A wrongful death suit has been filed against an Oregon animal sanctuary on behalf of an animal keeper, Renee Radziwon-Chapman who was killed in 2013 by cougars while inside their enclosure.  Radziwon-Chapman had worked at the sanctuary for six years. The lawsuit names Wildcat Haven and the owners Michael and Cheryl Tuller. Wildcat Haven rescues wild cats like  cougars, bobcats and tigers. The sanctuary contains Read More →

Upstate New York surgeon faces 12th malpractice lawsuit

The Ithaca Voice is reporting that an Ithaca area surgeon has been accused of medical malpractice for the 12th time since 1996. Two of those suits have been filed in 2014. Dr. David Schwed has paid out four times 2009. The Voice says that according to the watchdog organization Public Citizen, only 1% of all doctors have paid out in more than 4 cases. In Read More →

Texas Ebola death suit is settled

The family of the only Ebola patient to die in the U.S., Thomas Eric Duncan, has settled with the hospital that treated him and where he died. Duncan, who arrived in Texas from Liberia on Sept Texas from Liberia on September 20th. He visited the emergency room at Texas Health Presbyterian Hospital Dallas emergency room and given some antibiotics and sent home. The hospital admitted Read More →

Circuit court shoots down cruise lines Immunity against medical malpractice

The 11th Circuit Court of Appeals ruled that cruise ship passengers have the legal right to sue cruise lines for instances of medical malpractice by shipboard doctors and nurses. Cruise lines have had a “vicarious liability” defense in cases involving cruise lines which got them off the legal hook. The immunity came from a 1988 case,  Barbetta v. S/S Bermuda Star in which the 5th Read More →

Physician’s Assistant fails to “smell cancer” in patient’s tumor

A physician’s assistant at the Jordan Valley Community Health Center in Springfield, Missouri misdiagnosed a cancerous lump in the neck of a patient. According to a medical malpractive suit, the P.A. smelled the tumor and told the patient it was benign. The assistant, Jonathan Boswell took an X-Ray of patient Robert Gash’s neck and a physician who analyzed the X-Rays recommended a CT scan. Gash claims Boswell failed Read More →

Court rules surgeon’s threat grounds for Workers Compensation

The Third Department New York Appellate Division upheld a lower court’s decision that a verbal threat by a surgeon to a physician’s assistant was grounds for workers compensation. In 2009, Caterina Lucke was assisting Dr. Harry J. DePan who was performing open heart surgery. Lucke was suctioning blood out of the pericardium when some tissue got caught in the device. Dr. DePan allegedly threatened Lucke saying angrily, “If that Read More →