PROFESSIONAL NEGLIGENCE

Law Reporter, Nov 2004

ATLA's Professional Negligence Law Reporter includes a broad range of professional liability cases. Here are examples of the kinds of cases appearing in each issue o/PNLR.

ASSISTED LIVING

Failure to prevent pressure sores

Verdict, including punitive damages, for the estate of a 96year-old woman who died after developing sepsis at an unlicensed assisted living facility. Suit against the owner of the facility alleged, among other things, that she had failed to take measures to prevent pressure sores. *T. Patrick Ford Jr., Miami, Fla., represented plaintiff.

Sander v. Mendoza, Fla., Dade County Qr. Ct., No. 0130436 (CA 13), June 8, 2004.

ASSISTED REPRODUCTION

Implantation of wrong embryos

Settlement for a woman who suffered emotional distress and became involved in a custody dispute after learning she had received other patients' embryos at a fertility clinic when she underwent in vitro fertilization. She sued the fertility specialist, alleging negligence, fraud, and intentional infliction of emotional distress. *Nancy L. Hersh and *Bethany Caracuzzo, both of San Francisco, Cal., represented plaintiff.

Doe v. Katz, CaI., San Francisco County Super. Ct., No. CGC-02-410920, Aug. 4, 2004.

CLERGY

Negligent hiring, supervision, and training

Settlement for 21 children who suffered emotional distress, substance abuse, and mental health disorders after they were allegedly abused by Catholic priests between the 1950s and the 1990s. The children sued the diocese, alleging negligent hiring, supervision, and training of the priests. John Stobiersld and Danielle Barshak, both of Greenfield, Mass., represented plaintiffs.

Doe v. Lavigne, Mass., Hampden Comity Super. Ct., No. 02-385, Aug. 2004.

LAW

Limitations period on client's negligence suit not tolled while client's new counsel seeks to mitigate damages

The West Virginia Supreme Court of Appeals held that a client's efforts to mitigate damages allegedly caused by a former attorney's negligence does not toll the limitations period on the client's professional liability suit against the attorney.

VanSickle v. Kohout, 599 S.E.2d 856 (W. Va. 2004).

NURSING HOME

Failure to properly assess, treat ulcer

Settlement for the estate of a man who died after developing sepsis as a result of a decubitus ulcer on his sacrum. The man's daughter, on behalf of his estate, sued the nursing home where he resided, alleging it had failed to properly assess and treat the sore. *Mary K. Fleck and *James S. Rogers, both of Seattle, Wash., represented plaintiff.

Doe v. Roe Nursing Home, Wash., confidential ct. and docket no., May 26, 2004.

PHARMACY

Negligent compounding of medicine

Settlement for a man who suffered neurological injuries after taking two doses of 4-aminopyridine, which he had been taking for two years to improve his motor function after a diving accident left him partially paralyzed. The man sued the pharmacy and the pharmacist that had filled the prescription, alleging he had negligently compounded the medication, giving the man a dose that was 10 times stronger than what he was prescribed. *Philip J. Crowe Jr. and *Michael J. Harris, both of Boston, Mass., represented plaintiff.

Doe v. Roe Pharmacist, Mass., confidential ct. and docket no.June 2004.