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In recent years, causes of action for “failure to train,” or allegations predicated on a duty to train, have been on the rise in cases against medical device manufacturers. Historically, however, such claims and allegations...more
This is a federal judge’s memorandum opinion in a case concerning failure to warn a patient about his risk for pulmonary embolism from having his calf casted for treatment of a ruptured Achillles tendon. The judge awarded...more
In a Federal Tort Claims Act case, a plaintiff suing the government needs to look carefully at choice of law issues to maximize potential damages. In this case, the problem was that the cause of action for wrongful death...more
This pleading persuaded a federal judge in the District of Columbia to apply Maryland law to loss of consortium damages in a Federal Tort Claims Act case that arose from negligent medical treatment at Walter Reed Army Medical...more
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