Matter of M.M. v. NYC Health + Hospitals/Metropolitan Hospital — First Department Affirms Healthcare Claim Determination
The First Department affirms a determination in a claim against NYC Health + Hospitals/Metropolitan Hospital.
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Healthcare Law
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Singleton v. Gates — Ninth Circuit Revives Prisoner’s Eighth Amendment Claim Over Denied Transitional Lenses
The Ninth Circuit reverses summary judgment for prison officials who denied a California prisoner prescription transitional lenses based on a blanket policy rather than individualized medical judgment, finding triable Eighth Amendment deliberate indifference issues.
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Lopez v. United States — Ninth Circuit Affirms Rejection of FTCA Claim Over Veteran’s Suicide Following VA Care
The Ninth Circuit affirmed a defense verdict in a Federal Tort Claims Act suit alleging VA doctors were negligent in prescribing gabapentin to a combat veteran with PTSD who subsequently committed suicide, finding no clear error in the district court’s credibility and standard-of-care determin
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Porio v. Barbari — Ninth Circuit Revives Monell Claim Against Orange County Over Stroke Misidentified as DUI
The Ninth Circuit reverses summary judgment for Orange County on a Monell claim and vacates a jury verdict for a jail nurse, finding the trial court’s rigid three-hour time limit prevented the plaintiff from presenting his case after a stroke was misidentified as intoxication during booking.
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People v. Tourville — 2nd District Says Trial Court Cannot Condition Mental-Health Treatment on a No-Contest Plea Where Defendant Is Eligible for Diversion
The Second District holds that when a trial court finds a defendant eligible and suitable for mental-health diversion under Penal Code section 1001.36, requiring a no-contest plea as the price of receiving the same treatment via probation directly conflicts with the statute’s purpose.
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Sobalvarro v. Vibra Health Care — Hospital can be negligent for not offering paralyzed patient choice of female nursing assistant; expert testimony not required for causation
First District reverses JNOV and reinstates a $1 million negligence verdict against Kentfield Hospital for failing to offer a paralyzed stroke patient the choice of a female nursing assistant for intimate care.
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Wright v. WellQuest Elk Grove — California arbitration procedural rules apply by default; trial court properly refused to compel arbitration over wrongful death and elder neglect claims
Third District holds that a memory care facility’s selection of the FAA does not displace California’s section 1281.2(c) procedural provisions, allowing the trial court to deny arbitration of survivor and wrongful death claims based on the risk of conflicting rulings.
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Pomona Valley Hospital v. Kaiser Foundation Health Plan — Expired contract rates are admissible in quantum meruit dispute over emergency room reimbursement; prejudgment interest capped at 7 percent
Second District holds that a hospital’s expired 2004 contract with Kaiser was admissible in a quantum meruit dispute over emergency reimbursement and that prejudgment interest in such actions is 7 percent, not 10 percent.
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Hammerlord v. Collins — S.D. Cal. Dismisses Veteran’s Suit Against VA Doctors on §1983 Due-Process, ADA, and Elder-Abuse Theories
On the second screening of an 80-year-old veteran’s pro se complaint against VA officials and his primary-care doctor, the court dismissed his amended due-process, civil-rights conspiracy, federal elder-abuse, and Older Americans Act claims with prejudice and granted limited leave to amend onl
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C.Y. v. Sutter Medical Group — E.D. Cal. Dismisses Hospital’s FTCA Crossclaim Against United States Under Derivative Jurisdiction Doctrine
Eastern District of California dismisses Sutter Davis Hospital’s crossclaim for indemnity and contribution against the United States, holding that the century-old derivative jurisdiction doctrine bars federal jurisdiction over a state-court crossclaim that the federal government later removed.