The Connecticut Supreme Court recently announced that a bystander may recover damages for emotional distress in the context of a medical malpractice claim under the rule of reasonable foreseeability if the emotional injury is severe and debilitating and is not the result of an abnormal response. Squeo v. The Norwalk Hospital Association, (SC 19283), 2015…
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Denial of Summary Judgment in Transvaginal Mesh Case- A Departure from Products Liability Precedent
In the context of an allegedly defective medical product or device, a plaintiff’s remedy typically takes the form of a product liability claim against the manufacturer and/or distributor of the product or device. A current trend among the plaintiff’s bar is to add claims against the hospital where the medical device at issue was used…
Apparent Agency Claims Not Permitted In Medical Malpractice Actions
The Appellate Court recently released an important decision in Cefaratti v. Aranow, 2014 Conn. App. LEXIS 503 (Dec. 1, 2014), which will significantly impact the scope of potential liability and the available theories of recovery against Connecticut hospitals and other institutional defendants in medical malpractice actions. The Appellate Court definitively addressed an issue that has…
The Byrne Decision: Potential Liability for HIPPA Violations in Connecticut
Based on a recent groundbreaking decision by the Connecticut Supreme Court, healthcare providers in Connecticut should hesitate before producing their patients’ medical records in response to a subpoena. In Byrne v. Avery Center for Obstetrics and Gynecology, P.C., 314 Conn. 433 (Nov. 11, 2014), the Supreme Court provided patients with an avenue to assert state-law…
Does a Hospital Have a “Non-delegable Duty” to Supply Emergency Medical Services?
According to one Superior Court judge, the answer is yes. This issue arose in a recent case in which our office was defending Lawrence & Memorial Hospital (“L&M”) at trial in New London Superior Court. On September 11, 2014, Judge Thomas G. Moukawsher issued an unprecedented ruling, sua sponte, in response to L&M’s Motion for…
Defense Verdict Clarifies “Ascertainable Loss” Under the Connecticut Unfair Trade Practices Act (CUTPA)
New Haven, Connecticut (May 13, 2014) — Neubert, Pepe & Monteith, P.C. Attorney Eric Stockman, assisted by Attorney Corey Fitzgerald, recently prevailed at the Connecticut Appellate court in the appeal of the DiTeresi v. Stamford Health System, Inc. case, obtaining complete affirmation of a summary judgment victory obtained on behalf of Neubert, Pepe & Monteith’s…