The Fifth Circuit found there was not enough evidence linking a NASA engineer’s mesothelioma death to asbestos products supplied by two insulation companies. In affirming a lower court’s decision, the
Many med mal torts hinge on the issue of informed consent, focusing on the information physicians have provided regarding treatment options, potential risks, and alternatives when patients made health care
Just as a company CEO can overrule a midlevel manager, federal law has the authority to supersede or preempt state law when the two conflict. The issue of preemption was
The U.S. Supreme Court declined to weigh in on whether objectively verifiable facts are necessary to establish a fraudulent claim under the False Claims Act (FCA). In rejecting two petitions
A decision regarding which competing causation standard must apply to medical malpractice cases with multiple tortfeasors has been answered by the Massachusetts Supreme Judicial Court (SJC). In February 2021, the
The guidelines insurance companies use to evaluate coverage and claims for mental health care and substance use treatments have come under fresh, intense scrutiny in a 5-year class-action lawsuit involving
In an unusual case in Washington state, the plaintiff’s medical expert witness failed to persuade the court that a Department of Veteran Affairs primary care physician had breached his duty
FOCUS Pulmonary Medical Expert needed to review case of exposure to epoxy chemicals resulting in severe respiratory ailments. BACKGROUND Epoxy is marketed in liquid and powder forms. Liquid epoxy
Delayed Diagnosis of Cancer Incidentally found lung nodule results in death after delayed diagnosis of cancer, lack of follow-up imaging, and treatment. BACKGROUND Incidental findings are common in all forms
FOCUS A ventriculoperitoneal (VP) shunt became irretrievably lodged in the brain of a young child following treatment for pseudotumor cerebri with hydrocephalus. BACKGROUND Ventriculoperitoneal shunts are a relatively common
FOCUS A woman during vaginal childbirth experiences a tear and complications from a failed repair. A medical negligence case requiring Obstetrics and Gynecology medical expert witness review. BACKGROUND Vaginal
FOCUS Infant death at daycare: SIDS or strangulation? A case requiring PEDIATRIC FORENSIC PATHOLOGY expert witness review. BACKGROUND Sudden Infant Death Syndrome (SIDS) is a leading cause of death in infants
FOCUS Arthroscopic knee surgery resulting in unrecognized popliteal artery injury. A medical negligence case requiring Orthopedic Surgery medical expert witness case review. BACKGROUND Any orthopedic surgical procedure can result in
E-CASE STUDIES are brief clinical vignettes based upon actual cases handled by ELITE. Identifying information has been redacted or altered to protect case confidentiality. FOCUS A damaged orthopedic anchor results
FOCUS A missed diagnosis on X-Ray (radiograph) results in the delayed treatment of a tibial plateau fracture. A medical negligence case requiring a Radiology expert witness and Orthopedic Surgeon medical
