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  • Wong v. Broughton

    Publication Date: 2019-02-20
    Practice Area: Expert Witnesses | Medical Malpractice
    Industry: Health Care
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Joshua H. Meyeroff, Morris James LLP, Wilmington, DE for Peter J. Wong, M.D. and Dedicated to Women OB-GYN, P.A.
    for defendant: Bruce L. Hudson and Ben T. Castle of Hudson & Castle Law, LLC, Wilmington, DE for Monica Brough-ton and Amari M. Broughton-Fleming.
    Case Number: D68470

    Expert medical testimony in this medical malpractice case did not rely on res ipsa loquitur and was properly admitted into evidence.

  • Toedtman v. Turnpoint Med. Devices, Inc.

    Publication Date: 2019-02-06
    Practice Area: Contracts | Employment Litigation
    Industry: Consulting | Health Care
    Court: Delaware Superior Court
    Judge: Judge Cooch
    Attorneys: For plaintiff: Theodore A. Kittila and James G. McMillan, III, Halloran Farkas & Kittila, LLP, Wilmington, DE for plain-tiff.
    for defendant: Sharon Oras Morgan and Courtney A. Emerson Fox Rothschild LLP, Wilmington, DE for defendant.
    Case Number: D68452

    Plaintiff established the right to recover severance pay under the parties' employment agreement and based on promissory estoppel.

  • Carter v. Principe

    Publication Date: 2019-01-30
    Practice Area: Dispute Resolution | Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Leroy A. Tice, Leroy A. Tice, P.A. for plaintiff.
    for defendant: Joshua H. Meyeroff, Morris James LLP for defendant.
    Case Number: D68439

    Joint tortfeasor, allegedly liable under theory of vicarious liability, was not released under settlement between claimant and other joint tortfeasor where neither were explicitly named nor released under settlement.

  • Brown v. City of Wilmington

    Publication Date: 2019-01-23
    Practice Area: Health Care Law | Labor Law
    Industry: Health Care | Insurance
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Gary S. Nitsche and Rachel D. Allen, Weik, Nitsche & Dougherty, LLC, Wilmington, DE, for plaintiffs.
    for defendant: Lauren A. Cirrinicione and Kelley M. Huff, Murphy & Landon, Wilmington, DE for defendant.
    Case Number: D68431

    Retired firefighters' claims for denial of health insurance benefits pursuant to municipal personnel policy denied where employer had not made specific determination that their disabilities arose from hot pursuit or emergency situation and where policy could not apply retroactively to firefighters who retired prior to policy adoption.

  • Schwartz v. Berryhill

    Publication Date: 2019-01-23
    Practice Area: Administrative Law | Evidence
    Industry: Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Gary C. Linarducci, New Castle, DE; Thomas D. Sutton, Leventhal, Sutton & Gornstein, Trevose, PA for plaintiff.
    for defendant: Nora Koch and Heather Benderson, Social Security Administration Office of General Counsel, Philadelphia, PA for defendant.
    Case Number: D68436

    An administrative law judge improperly substituted her opinion for that of plaintiff's treating specialist, and her opinion re-garding plaintiff's medical condition was not based on substantial evidence.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Prunckun v. Delaware Dept. of Health & Soc. Servs.

    Publication Date: 2019-01-16
    Practice Area: Administrative Law | Health Care Law
    Industry: Health Care | State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Francis G.X. Pileggi, Brian D. Ahern, Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE; Michael P. Flammia, Eckert Seamans Cherin & Mellott, LLC, Boston, MA; Christopher E. Torkelson, Eckert Seamans Cherin & Mellott, LLC, Princeton, NJ for appellant.
    for defendant: Lauren E. Maguire and Adria B. Martinelli, Delaware Department of Justice, Wilmington, DE for appellee.
    Case Number: D68423

    Medicaid recipients were afforded due process after the state terminated community-based coverage of graduated electronic decelerator services where an administrative hearing officer determined GED was not a covered service under federal Medicaid regulations.

  • Parsons v. Connections CSP, Inc.

    Publication Date: 2019-01-09
    Practice Area: Medical Malpractice
    Industry: Health Care | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68420

    Inmate who received medical treatment did not state a claim for violation of his civil rights.

  • Murach v. Bayhealth Med. Ctr.

    Publication Date: 2019-01-09
    Practice Area: Medical Malpractice
    Industry: Health Care | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Ronald G. Poliquin of The Poliquin Firm, LLC, Dover, DE for plaintiff.
    for defendant: Daniel A. Griffith and Scott G. Wilcox of Whiteford Taylor Preston, LLC, Wilmington, DE for defendant Correct Care Solution.
    Case Number: D68419

    A former inmate's medical malpractice and civil rights claims were barred by the statute of limitations.

  • Grabowski v. J.J. White, Inc.

    Publication Date: 2018-12-12
    Practice Area: Labor Law
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Gary S. Nitsche and Katherine L. Hemming, Gary S. Nitsche, P.A., Wilmington, DE for appellant.
    for defendant: John J. Ellis, Heckler & Frabizzio, Wilmington, DE for appellee.
    Case Number: D68384

    The Industrial Accident Board was justified in finding a course of opioid prescription treatment was not reasonable or necessary where it failed to resolve claimant's pain and instead resulted in drug dependency.

  • Homeland Ins. Co. of New York v. Corvel Corp.

    Publication Date: 2018-12-05
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: David Newmann and Catherine E. Stetson, Hogan Lovells US LLP, Washington, DC; Timothy Jay Houseal, Jennifer M. Kinkus and William E. Gamgort, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Michael J. Rosen and Peter F. Lovato, III, Skarzynski Black, LLC for appellant
    for defendant: John M. Seaman and April M. Kirby, Abrams & Bayliss LLP, Wilmington, DE for appellee.
    Case Number: D68374

    Bad faith claim brought by insured barred by applicable statute of limitations where the claim accrued when insured settled a covered litigation and when insured knew insurer had made its alleged misrepresentation in prior litigation.