Medical Malpractice

The County of Riverside and Riverside University Health System-Medical Center agreed to pay $2,250,000 to settle a medical malpractice lawsuit filed by Lovell Avery. The case, filed in July 2023, alleged that negligent medical treatment and breaches in professional care standards caused Avery’s lasting physical and emotional injuries. The complaint named the County and several physicians as defendants. Both sides engaged in discovery before reaching an out-of-court settlement that avoided a jury trial. The agreement brought closure to a complex dispute over the standard of care in a county-run hospital.

The lengthy medical malpractice trial, Weinberg, Harlan, Co-Executor of the Estate Et Al v. The Stamford Hospital Et Al (FBT-CV20-6099514-S), reached a decisive conclusion on September 18, 2025. The lawsuit, initially filed against multiple parties, ultimately centered on the claim that Dr. Michael Bernstein, M.D., was medically negligent in the treatment of Robert Joseph Weinberg, who died in May 2018. The Estate of Robert Weinberg had sought substantial damages, arguing that the physician’s actions fell below the acceptable standard of care and directly caused the patient's wrongful death. Following the presentation of conflicting expert testimony regarding the complexity of Mr. Weinberg’s medical condition and the appropriateness of the care rendered, the Bridgeport jury returned a verdict firmly in favor of the defendant, Dr. Bernstein. The jury found that the plaintiffs failed to meet their burden of proof, thus dismissing the claims of medical negligence and absolving the doctor of liability.

Plaintiff Gariel Brownlee filed a civil rights lawsuit against the County of Los Angeles and multiple staff members, including medical doctors, alleging severe failures in providing adequate medical treatment while he was in County custody. The complaint invoked 42 U.S.C, arguing that the alleged negligence and systemic disregard for detainees' health amounted to cruel and unusual punishment and constituted malpractice. Brownlee sought compensation for lasting physical injury, emotional distress, and future care costs. Just before jury selection commenced, the parties settled the case for $7,000,000. The agreement resolved all claims without an admission of liability by the County.

The lawsuit, Broward Outpatient Medical Center, LLC, et al. v. Medmal Direct Insurance Company (Case No. CACE-21-020771), was an insurance coverage dispute heard in Broward County, Florida. Plaintiffs BOMC and BISC claimed their insurer, Medmal Direct, wrongfully denied coverage and defense for underlying medical malpractice claims related to an insured physician, Merrill Reuter, M.D. The facilities asserted the policy covered them and that Medmal Direct's denial constituted a breach of contract. Medmal Direct, the Defendant, centered its defense on the Plaintiffs' failure to provide claim notice during the policy period, an essential policy requirement, and raised exclusions for fraud or fee disputes. The jury, returning its verdict on July 25, 2025, sided completely with the insurer. Specifically, the jury found that Medmal Direct did not receive a claim notice on behalf of the facilities and did not waive its policy requirement. Furthermore, the jury concluded that the Plaintiffs did not prove by clear and convincing evidence that the insurer made a factual representation that created a basis for equitable estoppel.

A medical malpractice lawsuit was filed in Vanderburgh Circuit Court by John and Andrea Ferguson against Dr. Sridhar Banuru. The Plaintiffs alleged the doctor's care on or about February 18, 2018, fell below the standard of care, causing injury to John Ferguson and loss of consortium to Andrea Ferguson. The Defendant, Dr. Banuru, denied all claims of negligence. His defense prominently relied on a unanimous Medical Review Panel decision finding he did not deviate from the standard of care. The defense further raised statutory limitations and comparative fault as complete defenses. The case proceeded to litigation, with both parties preparing expert testimony regarding the applicable standard of care.

Sarah Jane Early visited her OB-GYN in February 2018, reporting a palpable lump in her right breast. A diagnostic mammogram and ultrasound were performed and reviewed by Dr. Inga Edwin, who reported benign results. No biopsy or follow-up was recommended. Two years later, Ms. Early was diagnosed with stage 3 breast cancer. She filed a lawsuit with her husband against both Dr. Edwin and nurse practitioner Mary Blanchard for failing to act on clinical signs. On March 10, 2025, a Johnston County jury found both Defendants negligent, holding them responsible for the delay in diagnosis and resulting harm.

The wrongful death case of Theod Simonian, et al. v. Glendale Adventist Medical Center, et al. stemmed from the 2018 death of 77-year-old Razmi Simon. After a hip surgery at Glendale Adventist, Simon’s health declined rapidly following chest pain, a heart attack, kidney failure, and cardiac arrest. His family alleged malpractice, negligence, and wrongful death, claiming hospital staff ignored warning signs and mishandled his care. Defendants, including physicians and Adventist Health, denied liability, arguing Simon’s age and health complications explained his decline. On August 21, 2025, a Los Angeles jury returned a defense verdict, finding no negligence by Dr. Michael Abdulian or Dr. Vahe Badalian. The Simon family did not receive compensation.

In Milford, Connecticut, a Superior Court jury delivered a verdict in favor of Dr. Joel W. Malin and Orthopaedic Specialty Group, P.C. in a medical malpractice lawsuit brought by John Fitzpatrick. Filed on December 14, 2021, the complaint accused Dr. Malin and his employer of failing to meet the accepted medical standard of care, allegedly causing Fitzpatrick serious and permanent injuries. The Court had earlier granted a 90-day extension to the statute of limitations in May 2021, allowing the case to move forward. Fitzpatrick’s legal team argued that Malin’s medical decisions were careless and a substantial factor in the plaintiff’s harm. The defense denied all negligence claims, admitting only that Malin had performed surgery on Fitzpatrick as part of his employment. After weighing expert testimony and legal arguments, the jury ruled on September 10, 2025, in favor of the defendants, finding no malpractice occurred. As a result, Fitzpatrick received no damages. The verdict reinforced the high burden of proof required in medical negligence cases and the importance of demonstrating a clear breach of the standard of care.

In October 2020, 11-year-old Ava Wilson, in remission from leukemia, visited Advocate Children’s Hospital for outpatient care. Days later, she died of morphine toxicity. Her family alleged the hospital prescribed excessive morphine without proper monitoring, leading to Ava’s preventable death. A Cook County jury found the hospital negligent and awarded the family $20.5 million in damages for their loss. The verdict underscored the importance of strict medication protocols and careful monitoring in pediatric care settings.

Glenda Harrison, entered NeuroRestorative California in November 2023 for therapy and wound care. Despite known risks of aspiration, staff allegedly failed to provide suctioning, monitor oxygen levels, or transfer her to a hospital. She suffered respiratory failure, aspiration pneumonia, sepsis, and an anoxic brain injury, leaving her in a coma. Plaintiffs claimed elder abuse, negligence, and willful misconduct. Defendants denied liability and raised multiple defenses. On May 29, 2025, the parties reached a $3.5 million settlement.

A Connecticut jury awarded $8,000,000.05 to John Gallagher, administrator of his late wife Maura’s estate, after finding Stamford Hospital and affiliated doctors negligent in her care. Maura, 38 and expecting twins, showed clear signs of preeclampsia before her May 2017 C-section. The lawsuit alleged delayed delivery, mismanaged symptoms, and failure to recognize a seizure led to a fatal brain hemorrhage. The jury concluded that systemic failures deprived her of a chance to survive and caused profound loss to her husband, newborn twins, and family.

A Utah jury awarded $951 million to the Zancanella family after finding Steward Health Care and Jordan Valley Medical Center liable for negligent labor and delivery care in October 2019. The court ruled that systemic staffing failures, delayed Cesarean delivery, and poor fetal monitoring caused newborn Azaylee’s permanent brain damage. The record-breaking verdict included economic, non-economic, and punitive damages, highlighting hospital accountability for obstetric safety.