George Studnicka filed suit against Dr. A. Daniel Pinheiro, Dr. Kerry D. Olsen, and the Mayo Clinic, alleging a cause of action for common-law battery. Studnicka claimed that the two physicians performed surgery on him without his informed, written consent, and that this action constituted battery u...   MORE>>

Appellee Alvin Howard brought this negligence action against Missouri Bone and Joint Center, Inc. (“MBJC”), alleging that MBJC’s negligence caused the back injury Howard sustained in 2001. The jury returned a verdict for Howard, after which MBJC filed a motion for judgment as a matter of law o...   MORE>>

Rozanna and Charles Csiszer sued the hospital and obstetrician that provided care to Rozanna during the birth of their daughter, Allison Csiszer. The complaint alleged that negligent care during the delivery was the proximate cause of Allison’s cerebral palsy. The jury returned a verdict for the d...   MORE>>

Dr. Raoul Joubran and Gastroenterology Associates, P.C., (collectively, “Joubran”) appeal a jury verdict in favor plaintiffs Edward and Cynthia Poche. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

I

In February 2005, Army Sergeant Edward Poche underwent surgery to remove his ...   MORE>>

Joseph T. Mecca, a former radiologist at Evans Army Community Hospital (Evans Army) in Fort Carson, Colorado, appeals the dismissal of his suit brought under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b) and 2671-2680, and Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotic...   MORE>>

Plaintiff-Appellant Linda Van Dyke, representative of the Estate of Jack Van Dyke, appeals from the grant of summary judgment in favor of the United States on her Federal Tort Claims Act (“FTCA”) claims, 28 U.S.C. §§ 1346(b), 2671-80. Ms. Van Dyke argues that the district court erred in conclu...   MORE>>

The Kneibert Clinic, LLC ("Kneibert") filed suit against Dr. Richard Smith and Weatherby Locums Tenens, Inc. ("Weatherby"), alleging a claim of indemnification from Dr. Smith and Weatherby for a judgment incurred by Kneibert in a separate lawsuit brought by a patient allegedly harmed by the negligen...   MORE>>

The Oklahoma Health Care Authority (OHCA) asserted a $544,282.26 Medicaid lien on a $1.1 million settlement of Plaintiffs’ malpractice suit against Dr. Dale Wolford. The district court, however, allotted OHCA only $67,666.67 in full satisfaction of the lien. OHCA appeals, contending (1) that the d...   MORE>>

Dr. Mark Weinberger maintained a prosperous ear, nose, and throat practice (commonly called “ENT” by people whose first loyalty is not to J.R.R. Tolkien) in Merrillville, Indiana. Unfortunately, that was not enough for him; he supplemented his income by using his practice to defraud numerous ins...   MORE>>

Dr. Jonathan S. McGlothan attempted to correct Tracey Wallace’s vision problems through eye surgery, but the procedure ended up causing more harm than good. Tracey and Eric Wallace brought a diversity suit against Dr. McGlothan for medical malpractice under Indiana law. After a trial on causation ...   MORE>>