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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.

  • 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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  • Jones v. Bauer

    Publication Date: 2018-12-05
    Practice Area: Civil Rights
    Industry: Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Joshua Meyerhoff for defendant Nanticoke Memorial Hospital.
    for defendant: N/A
    Case Number: D68379

    A pro se plaintiff lacked standing to bring claims for violations of federal criminal statutes, and his civil rights claims failed as a matter of law.

  • Talley v. Christiana Care Health Sys.

    Publication Date: 2018-10-31
    Practice Area: Business Torts
    Industry: Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Burke
    Attorneys: For plaintiff: Michele D. Allen and Catilyn E. Quinn, Law Offices of Michele D. Allen LLC, Hockessin DE, attorneys for plaintiff
    for defendant: Joanna J. Cline and James H.S. Levine, Pepper Hamilton LLP, Wilmington, DE; Barbara T. Sicalides, Barak A. Bassman and Megan Morley, Pepper Hamilton LLP, Philadelphia, PA, attorneys for defendants.
    Case Number: D68339

    Plaintiff alleged sufficient facts to support her breach of contract claim and some of her tort claims following the termination of her privileges from a health care organization.

  • Giles & Ransome v. Kalix

    Publication Date: 2018-10-31
    Practice Area: Labor Law
    Industry: Construction | Health Care
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: H. Garrett Baker, Elzufon Austin & Mondell, P.A., Wilmington, DE, attorney for appellant
    for defendant: Donald E. Marston and James R. Donovan, Doroshow Pasquale Krawitz & Bhaya, Bear, DE, attorneys for appellee.
    Case Number: D68334

    Industrial Accident Board's decision ordering employer to reimburse injured employee for full cost of medical marijuana supported by credible evidence where board credited employee's testimony that high initial consumption was due to experimentation to find correct dosage and active ingredients.

  • Delaware Bd. of Nursing v. Francis

    Publication Date: 2018-10-17
    Practice Area: Administrative Law | Health Care Law | Regulation
    Industry: Health Care
    Court: Delaware Supreme Court
    Judge: Justice Traynor
    Attorneys: For plaintiff: Carla A.K. Jarosz, attorney for appellant
    for defendant: Daniel A. Griffith, attorney for appellees.
    Case Number: D68318

    State not obligated to prove that nurse's breach of professional standards also caused harm to a patient or the public to impose discipline for violations.

  • Page v. Fucci

    Publication Date: 2018-10-17
    Practice Area: Evidence | Medical Malpractice
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Adam R. Elgart for plaintiffs
    for defendant: Thomas J. Marcoz for defendants.
    Case Number: D68323

    Plaintiff in this medical malpractice case was entitled to the discovery of notes written by two doctors and their practice manager prior to the filing of this case and before any of the parties were represented by counsel.