In The News
New Bill Approved By Congress That Allows Active Duty Military Members To Sue For Medical Malpractice
Bi-partisan legislation has been introduced in the House and Senate that would partially repeal the Feres Doctrine and allow active duty military to sue under the FTCA when they are injured or killed from medical malpractice. This bill passed Congress on 12/17/2019 and is expected to be signed into law by the President. If this bill becomes law, for the first time in almost 70 years active duty military would be allowed to seek redress from the Department of Defense (DOD) when they are injured and killed due to medically malpractice in military hospitals.
As of November 27, 2019, the Pennsylvania Department of Health has suspended all emergency room and inpatient services at Ellwood City Medical Center Ellwood City Medical Center in Lawrence County, Pennsylvania. The closure of all but outpatient services at Ellwood City Medical Center is related to undisclosed violations of Pennsylvania regulations intended to protect the safety of patients.
Pennsylvania Supreme Court Declares Pennsylvania’s Seven Year Limit On Medical Malpractice Cases Unconstitutional
On October 31, 2019, the Pennsylvania Supreme Court handed down its opinion in Yanakos v. UPMC and declared Pennsylvania’s statute of repose unconstitutional. Before the Court, UPMC argued the statute of response complied with Article I, Section 11 of the Pennsylvania Constitution. The Court found UPMC proved the statute of repose was related to the important government’s interest of controlling the rising costs associated with medical insurance and medical care. However, UPMC failed to produce evidence of how the statute of repose actually achieved this government interest.
Meyers Evans Lupetin & Unatin has been recognized as a Tier 1 law firm in Pittsburgh, PA for Medical Malpractice by US News – Best Lawyers® in the 10th Edition of “Best Law Firms” released on November 1, 2019.
The firm has also been recognized in previous editions of US News – Best Lawyers® for work in both medical malpractice and personal injury law.
Each year, attorneys around the United States have an opportunity to nominate their peers to be recognized in Best Lawyers for their achievements in their field. In addition, a single attorney will be chosen as “Lawyer of the Year” for their location and specific practice area. This year, Jerry Meyers was selected “Lawyer of the Year” in the field of Personal Injury Litigation for the Pittsburgh metropolitan area. Jerry was also recognized as a “Best Lawyer” for his work in Medical Malpractice Law (Plaintiffs) and Personal Injury Litigation (Plaintiffs) in Pennsylvania.
More than 200 patients treated at UPMC Jameson Hospital may have been exposed to improperly cleaned ultrasound probes. Hospitals must follow strict procedures for the cleaning and disinfection of ultrasound probes and similar instruments that doctors insert inside patients’ bodies. Regrettably, when hospitals fail to properly train and supervise their employees, bugs can remain on or inside medical instruments due to improper cleaning.
A deadly mold outbreak at University of Pittsburgh Medical Center hospital campuses Montefiore, Presbyterian and Shadyside in Western Pennsylvania has been linked to contaminated bed linens from Paris Healthcare Linen Services. The contaminated sheets and linens were distributed by Paris Linen’s DuBois facility in Clearfield County; the same location which provides linens to all UPMC hospital campuses. The attorneys of Meyers Evans Lupetin & Unatin are currently (as of October 31, 2017) representing four families in cases against the UPMC hospital system and Paris Companies in which multiple transplant patients have died as a result of a fungal infection.
Olympus Corporation concealed information about the potential spread of antibiotic resistant bacteria through the use of their endoscopes. The spread of bacteria through the scope is linked to the deaths of 35 patients in the United States since 2013.
A six-year-old child known only as I.O. in court documents suffered permanent brain damage and severe disability from prolonged deprivation of oxygen immediately before birth. The Tenth Circuit Court of Appeals recently upheld the dismissal of a lawsuit on her behalf.