MEDICAL MALPRACTICE AND PERSONAL INJURY LAW BLOG

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Woman Dies After Infection From Liposuction

Liposuction is a plastic surgery operation that removes fat from the body. Most liposuction patients focus on taking fat out of the abdomen, thighs, or buttocks, in looking to change their body’s shape. It is the most common cosmetic surgery procedure in the United States; however, it can still be a very…

How Physician Mobile Device Use May Place Patients At Risk

According to Skycure, a network security company, about 14% of physicians keep patient-related data on their phone without a password. In addition, approximately 60% of physicians send such protected information via text messaging. Almost 46% of physicians use or intend to use apps and directly interact with patients on mobile devices in the…

Teen Passenger Dies In Single-Car Crash

On April 7, a 17-year-old from Jefferson City, MO was involved in a fatal car crash. He was sitting in the passenger seat as his 18-year-old friend drove a Chevrolet HHR. As the car continued down Walnut Acres Road in Lohman, MO, the driver lost control while taking the curve too fast. He…

Personal Injury Claims In New York Prisons Rise

Suffering a severe injury you could not avoid is not something that anyone should have to experience. And if such an unfortunate event were to happen, you should be able to count on those responsible for your injury to compensate you. This is why the field of personal injury law exists –…

Pennsylvania Supreme Court Examines Statute Of Repose

The Pennsylvania Supreme Court took a closer look at a statute placing time limits on medical malpractice claims and found a conflict with the state constitution. Susan Yanakos, a Pennsylvania woman who had been diagnosed with Alpha-1 Antitrypsin Deficiency (AATD), had been advised that she would need a liver transplant in the…

These Shoes Weren’t Made For Walking

When products malfunction, people get injured. Several shoe companies have made news in the last few years for creating defective products that lead to serious harm for consumers. Shoes are not meant to last forever; straps break, soles get worn down, and padding disappears. But we expect brand new shoes to function…

Prosthetic Limbs: Property Damage Or Personal Injury?

How much is your arm worth? The law says that depends on what kind of arm it is. Currently, prosthetic limbs are considered to be the “property” of their owner, not a part of the body. But developments in technology and in our understanding of the psychology behind prosthetics may spell out…

Understanding Depositions According To The Federal Rules Of Civil Procedure In Personal Injury Cases

A deposition is defined as when a witness provides recorded testimony after taking an oath to tell the truth. An example would be when your attorney in a personal injury action wishes to obtain evidence from an individual who witnessed the accident.  When in the U.S. or its territories, a deposition requires the presence of an…

Three Infants In A Maryland Hospital Test Positive For Potentially Fatal Bacteria

A neonatal intensive care unit (NICU) at a Maryland hospital was temporarily shut down earlier this month after staff found a potentially deadly bacteria. Nine infants were transferred from Maryland’s Prince George’s Hospital Center to Children’s National Medical Center in Washington D.C. after nasal swabs taken from three babies tested positive for…

Disaster Preparedness: Is Your Hospital Ready?

In 2005 after hurricane Katrina, 200 patients died in hospitals that were unprepared for power outages and extreme heat. Doctors triaged patients to be evacuated (including leaving behind sick patients with do not resuscitate orders), and some doctors even sped the death of some patients they believed to be suffering too much….

Pennsylvania Supreme Court Denies New Trial Request Based On Evidence Of Plaintiff’s Alcohol Consumption

The Pennsylvania Supreme Court declined to hear the case of Rohe v. Vinson where the Superior Court ruled that a jury may have been prejudiced in a motorcycle crash case by evidence of the consumption of alcohol. A panel of three reversed a Bradford County Court decision, ordering a new trial. Judge Susan Peikes-Gantman…

Organ Transplant Mistake Leads To A Tragic Death For A Teenager

Jesica Santillan and her family came to the United States from Mexico in the hopes that she would receive lifesaving medical treatment. Jesica was born with a heart condition known as restrictive cardiomyopathy. She also had secondary nonreactive pulmonary hypertension. This caused poor blood perfusion in her lungs. Her family could not…

Surgeon Accidentally Removes A Patient’s Healthy Kidney

Maureen Pacheco underwent back surgery at Wellington Regional Medical Center to have bones in her back fused after a severe car accident. Dr. Ramon Vasquez was the surgeon who performed the procedure. According to Pacheco’s attorney, she was stunned when she awoke after the procedure and found out one of her kidneys was “unnecessarily…

Lawsuit Against Doctor Accused Of Abusing Child Patient

We have reported on a number of cases where doctors have been accused of sexual misconduct with patients. In those reported incidents, most of the victims were women who were inappropriately touched by their doctors. Now, an adult man is filing a lawsuit against a doctor that he alleges molested him when he…

Doctors Can Also Be Victims Of Medical Malpractice

In a medical malpractice lawsuit, doctors are usually the defendants. Typically, a medical malpractice case involves allegations of professional negligence by a healthcare professional which caused injury or death to a patient. However, in some cases, the injured patient could be a doctor themselves. This goes to show that no one is…

Man Files $5 Million Lawsuit After Train Crash That Injured 100 Passengers

Early this January, a Long Island Railroad Train (LIRR) collided with Brooklyn’s Atlantic Terminal, causing over 100 injuries to the passengers on board, and initiating at least one lawsuit against the Metropolitan Transport Authority (MTA). Clifford Jones is seeking $5 million in damages, for “serious and severe personal injuries,” according to the…

Deadliest Days In Recent Boating Accidents

In what is being described as “some of the deadliest days in recent memory in Maryland in fatal boating accidents” by Natural Resources Police, law enforcement have announced two deaths related to a Jet Ski incident in Edgewater, Anne Arundel County, adding to a spate of water-related deaths earlier in the week. The names…

Medical Malpractice Case In Oklahoma Involving Inmate And Contract Medical Provider

A judge in a Tulsa federal court declined a defense motion for dismissal in a case of medical negligence involving a former jail inmate who endured severe injuries initiated by seizures. In 2014, Catherine Freeman began a three-year sentence in the Tulsa Jail. Freeman, who was 38, had been previously prescribed medications for treatment…

PA Superior Court Dismisses A Ruling Involving $38.5 Million For Punitive Damages

The Pennsylvania Superior County heard a case where a $38.5 million award for punitive damages was in place stemming from a workplace fatality. A panel of three judges found the plaintiffs in Wilson v. U.S. Security Associates that sought damages from a shooting to be beyond the statute of limitations in pursuing the claim. The finding was that…

Cleaning Product Leads To Restaurant Death, Illness

A group of individuals experienced injuries related to a chemical reaction in a Boston-area chain restaurant this week. One man, an employee of the restaurant, was taken to a local hospital in serious condition and later died due to exposure to the substance. The incident occurred Thursday evening at a Buffalo Wild…

Doctors Admit Errors Resulted In Stillborn Baby

For a new mother, the birth is supposed to be a joyous and wonderful affair. There are few things more special than bringing a new life into the world. However, for a young mother in Northern Ireland, her trip to the hospital to give birth turned tragic when she learned her baby…

Dodge Recalls Targeting Challengers, Chargers, And Ram 1500

Dodge has announced two recalls this month, including a front wheel/tire issue affecting a small number of newer Challengers and Chargers, as well as a recall of Ram 1500 trucks due to a fire risk. Dodge has announced that the company is recalling 173 Challengers and Chargers after discovering that the vehicles were sold…

Pain And Suffering In Pennsylvania Medical Malpractice Cases

Although we trust doctors to help keep us healthy and treat us when we’re ill, tens of thousands of people across the country are harmed by medical professionals around the country each year. Victims of medical malpractice can suffer damages in nearly every aspect of their lives. Some damages, like lost income and medical…

Congress To Consider Caps On Non-Economic Damage

When a doctor makes a negligent mistake, the victim expects to be paid back for the costs of that mistake including extra medical treatments, extended care, and loss of wages while harmed. But there is another category of compensation that can also be awarded to malpractice victims: non-economic damages or impacts to…

Some Medical Specialties At Greater Malpractice Risk

Most doctors carry medical malpractice insurance, also known as professional liability insurance. If the doctor is found to be liable for causing a patient injury, or causing the death of a patient due to a medical error, the insurance may cover the cost of the plaintiff’s damages. However, malpractice insurance is not…

Surgeon In Pennsylvania Found To Be Practicing Despite A Long History Of Medical Malpractice

Roughly 17,000 medical malpractice suits are filed annually in the U.S. Physicians practicing in lower-risk specialties have a 75% chance of facing a malpractice claim, while that figure surges to 99% for higher-risk specialties. The Titusville Herald investigated a local surgeon that was practicing at Titusville Area Hospital (TAH) with a very disturbing track…

Understanding The Dramatic Decline In The Number Of Medical Malpractice Cases In Pennsylvania

The Pittsburgh Post-Gazette reports that jury verdicts in medical malpractice suits are now at the lowest level in 15-years. Obviously, the state’s medical providers are likely to welcome the change and hope that malpractice insurance premiums will respond accordingly. Are these statistics evidence that Pennsylvania injury victims are not fairly being compensated?…

NY Governor Wants More Oversight Of Doctors

Last Friday, New York Governor Andrew Cuomo gave his “State of the State” agenda, in which he discussed his legislative aims for the upcoming year. Governor Cuomo targeted the state’s system for holding doctors accountable for mistakes and misdeeds. He called for the state health commissioner to have more power to suspend a physicians’s license…

Hospital Discharges Motivated By Money

Since 1980, the average length of hospital stays has declined from 7.3 days to 4.5 days. A recent New York Times article shows that hospital finances are a major reason for this decline. Many recent studies have shown that shorter hospital stays are good for patients. Shorter stays for patients mean that…

Bipartisan Agreement To Strike The Medical Malpractice Feres Doctrine

Earlier this year, we discussed legislation that sought to repeal standing precedent which prohibits military members from filing certain types of medical malpractice claims. Currently, active-duty military members are prohibited from bringing medical malpractice lawsuits against the government, no matter how devastating that medical negligence may be. Bringing this issue into sharp focus…

Closure Of Washington D.C. Maternity Ward Is Creating Difficulties For Many Mothers

Many expectant mothers are finding very limited access to maternity care and delivery services in the greater Washington D.C. area. In 2017, both the Providence Hospital and United Medical Center (UMC) stopped offering prenatal care and maternity services. Many mothers now have to travel to Medstar Washington Hospital for these services. The two closures…

New Vehicle Technology May Detect When A Driver Is Intoxicated Or Driving While Distracted

Newer vehicles are increasingly being equipped with advanced safety features and technology. Many cars now are capable of detecting and alerting you if the vehicle is veering outside the lane of travel, when a vehicle is traveling in the driver’s blind spot, and others. Volvo has traditionally been a pioneer in manufacturer safety advancements….

Advisory Issued About Problems With MRI Safety

A recent report by the Pennsylvania Patient Safety Authority (PAPSA) showed that MRI screening practices are placing many patients in danger of injuries. The agency reviewed 1,108 screenings from which about 25% were potentially unsafe. These problems were largely attributed to devices or objects that patients had brought into the scanning room. Among the…

Safety Concerns Emerge As Washington D.C. Public Swimming Pools Open

Recreational activities involving water peak during the summer months. While these activities are enjoyable, they also pose the potential for accidents such as drowning. In 2016, over 1,000 children drowned in the U.S and over 7,000 visited the emergency room following a drowning-related event. Drownings are generally more common in open water such as…

Pennsylvania Medical Malpractice Report Summary Released

The Pennsylvania Medical Society summarized the recent statewide report on cases of medical negligence. In 2017, a total of 102 cases ended in a verdict by a jury, which is roughly 7% less than the previous year. The defense prevailed in approximately 79% of these cases, which is a decline from 84% compared to…

Parents Lobby For Daughter In Washington D.C. For Changes To A Medical Malpractice Case

Lou and Linda Pelletier brought a suit for medical malpractice and violations of civil rights in a Suffolk County Court after their daughter Justina went through a massive ordeal with Boston Children’s Hospital (BCH). After arriving at BCH, their staff changed her diagnosis from a mitochondrial disease to a somatoform disorder. BCH informed the…

Pittsburgh Hospital Pumps Fungal Air Into Patients Rooms

When a patient visits a hospital, it is perfectly reasonable for them to assume that they will not be leaving the site of care in worse condition. Many hospitals make use of an internal ventilation or air filtration system to prevent the spread of infectious airborne diseases. The helpful functions of this…

Maryland Hospitals Push For New Way To Pay For Birth Injuries

Last year, the family of a baby who suffered brain damage at birth at Johns Hopkins Bayview Medical Center was awarded $229 million for the birth injury. Now some Maryland hospitals are trying to prevent such payouts by changing the way they pay when they’re found responsible for birth injuries. More specifically, they…

Turn Up The Heat – Plaintiffs Claim Bair Hugger System Causes Bacteria Spread

Hypothermia, which is when the body’s core temperature drops below 96.8 degrees Fahrenheit, is a common occurrence when a patient undergoes a surgical operation. When the body temperature drops, the heart and nervous system cannot properly function. To remedy this problem, the Food and Drug Administration approved medical equipment known as the…

Sexual Discrimination In Medicine

Discrimination is present in nearly all branches of society; however, it can be particularly insidious in some areas. Of particular importance and interest is the unfortunate and disastrous forms of discrimination that can take place in the doctor’s office. When a patient enters a medical environment, they expect to gain insight into…

Physician Liability & The Aviation Medical Assistance Act

Data from the New England Journal of Medicine indicates that a medical emergency occurs on approximately every 600 U.S. commercial flights. Physicians may witness such emergencies while aboard a flight and in many other types of settings including stores, traffic accidents, sporting events and more. Physicians have an ethical responsibility to assist those in…

IKEA Facing Wrongful Death Lawsuit

It’s every parent’s nightmare: the loss of a child due to an unfortunate accident. Tragedy will strike, and accidents can happen, but no one should have to suffer such a terrible loss due to negligence. Regrettably, such a misfortune happened recently: a toddler was crushed after a dresser fell on him. The dresser…

New Studies Indicate That Bounce House Injuries Are Becoming An Epidemic

Inflatable bounce houses have been a source of joy and entertainment for young children for decades. They’ve remained relatively popular since the time they were established, and have even been deemed therapeutic for children with sensory impairments by experts. However, researchers have noticed a trend correlating these bounce houses with child injuries…

Maryland Wrongful Death Where 26-Year-Old Died From Asphyxia Settles For $1.9 Million

Preventable deaths are always devastating, but it is important to use them as learning experiences. In 2013, a Maryland man with Down syndrome died from asphyxiation after an altercation with three off-duty sheriff deputies when they attempted to remove him from a movie cinema. A settlement was reached in the civil action brought by…

$4 Million Malpractice Verdict For Paralyzed Man

When a patient goes to their doctor for a complaint of back pain, they expect a full assessment. They expect the doctor to use their medical training and experience to evaluate the symptoms and determine the cause of the pain. However, what the patient does not expect is to leave the doctor’s…

Pre-Term Birth Drug Sparks Disagreement

Makena is a prescription drug that is described as having the ability to reduce the risk of preterm birth in women with a singleton pregnancy who have a history of singleton spontaneous preterm birth. The status of the drug has been uncertain since October when an expert panel convened by the Food and…

New Ways To Improve Patient Safety

Great technological advances have been made in medicine over the past decade. Unfortunately, medical errors have not followed the same trajectory. In some areas of medicine, medical errors may have actually increased over the years. In many cases, medical mistakes are preventable. Researchers at the Harvard Business Review have highlighted new ways…

Former Navy Seal Seeks More Than $1 Million After E-Cigarette Explodes In His Pocket

As of late, there has been controversy surrounding the use of e-cigarettes and the potential danger they create for users and those around them. E-cigarettes, also known as electronic nicotine delivery systems, are handheld devices that turn nicotine, flavorings and other chemicals into inhalable vapor rather than smoke. Many people consider vaping…

Woman Sues After Accident During “Spartan Race” Competition

The Spartan Race is an athletic competition series. The “race” is essentially an obstacle course that puts endurance, willpower, and athletic prowess to the test for all participants. This race is similar to competitive events such as the Tough Mudder or the Ninja Warrior competition. The Spartan Race includes many treacherous and demanding…

Medical Malpractice Case Dismissed For Lack Of Proper Expert Witness

Sandra D. Essex brought a medical malpractice case against Dr. Michael Karr, an orthopedic specialist, Dr. William Stanton, a radiologist, and the Osceola Regional Medical Center. This medical center is a well-established 400-bed hospital located in Kissimmee. The case was filed in an Osceola County Court after Essex endured a broken femur while having…

Baltimore Lawsuit Has Woman Down In The Dumps

A Baltimore woman has recently filed a lawsuit against Baltimore officials and city contractors after an unfortunate event left her with a terrible mess. In November 2014, the plaintiff, Angela Wright, was in her bathroom when her toilet suddenly, and without any warning, exploded. Not only did the explosion knock Ms. Wright…

Doctor Told Patient Cancer Was Constipation

It is painful for parents to see their child suffering from some illness or ailment. Young children may have a hard time expressing the symptoms they are suffering, which can make it difficult for parents to know exactly what is wrong. This is why they go to the doctor. However, when a…

Before You Let The Anesthesiologist Put Your Child Under

For people undergoing a serious medical procedure, the last thing they may remember is the medical staff working as the anesthesiologist puts them to sleep. The next thing they know, they are in a recovery room, and the surgery is over. Anesthesia allows individuals to go through complex surgeries without having to…

Jury Awards Senator Rand Paul $582,000 In Personal Injury Case

Senator Rand Paul was a plaintiff in a civil injury case stemming from an incident where he was assaulted by a neighbor at his home. A jury returned a verdict in Paul’s favor and awarded him $582,000 in damages. The award consisted of $375,000 in punitive damages, with the remainder designated for medical bills,…

9 Year Old Child Discharged After Routine Tonsillectomy, Dies Hours Later

Anyialah Greer, a nine-year-old from Detroit, died this January after undergoing a routine surgery to remove her tonsils. Her mother, Sonia Gambrell, is threatening to sue Detroit Medical Center, parent company of the Children’s Hospital of Michigan where her daughter had the tonsillectomy. Before the surgery, Gambrell was nervous about allowing her…

Pennsylvania Parents File Wrongful Death Claim After Son Allegedly Died From Herbal Supplement

The family of Caleb Sturgis has brought a claim of wrongful death in Chester County against SoCal Herbal Remedies, a manufacturer of herbal products. Sturgis apparently died after consuming their product known as Kratom. The Chester County Coroner believes that the herb is to blame for Sturgis’ death. This is the second reported fatality…

Man Seriously Injured While Fixing Elevator

About 27 people are killed each year in elevator accidents according to Consumer Watch. In addition, over 10,000 people are injured mainly due to “elevator door malfunction, carriage misalignment with floors, and passenger safety vulnerabilities.” Recently, a maintenance worker from New York City suffered a devastating elevator injury while on the job….

Study Shows Thousands Of Children Are Hurt Every Year On Amusement Park Rides

It’s officially summertime. And each year the warm weather brings thousands of people out to amusement parks. When people visit these parks and carnivals, they expect visitor safety will be prioritized by ride operators and park staff. However, this is not always the case. The Nationwide Children’s Hospital in Columbus, Ohio, compiled…

Tennessee Takes New Steps In The Battle Against Distracted Driving

The term “distracted driving” refers most commonly to when a driver is distracted while operating a vehicle on the road. There are a number of potential distractions, but the most commonly referenced distraction is something everyone has with them at all times: the cell phone. Distracted driving incidents involving cell phones make…

How Homebound Patients May Heighten Physician Risk For Medical Malpractice Claims

Emphasis continues toward minimizing the costs of health care and Medicare, Medicaid and private insurers seek to limit costly stays in hospitals and other facilities. Home health care has proven to be a good solution, as physicians tailor treatment planning for care within the patient’s home. One potential problem is patients who refuse…

Accident Involving A Self-Driving Google Car

A new technological advance that is currently being tested and raising new questions about legal liability are self-driving cars. Several companies have developed an automated driving vehicle including Volvo and Google. Volvo is venturing into the realm of fully automated vehicles, with a system called IntelliSafe Auto Pilot. The system detects the…

Explaining The Concept Of Informed Refusal In Medical Malpractice Litigation

The American College of OB-GYNs is one of the medical associations that have recently been active in increasing awareness among providers regarding the concept of informed refusal. No discussion about the potential liability associated with informed refusal would be complete without first prefacing the topic of informed consent. Informed consent-related civil actions are typically…

Child’s Brain Injury Leads To Big Payout

A medical malpractice lawsuit was filed in Arkansas by the parents of a child who suffered irreversible brain damage after being born via a cesarean section in 2014. The case, was originally filed in 2015. The plaintiffs, Karl and Candice Smalls, filed the lawsuit on behalf of their daughter Kara Smalls. Kara…

Fiat Chrysler Fined Record Amounts For Recall Failures

In 2014, the National Highway Traffic Safety Administration (“NHTSA”) issued 803 recalls. These recalls included 63.9 million motor vehicles. The federal government sets minimum standards of safety that automobile manufacturers and auto parts manufacturers must meet. Title 49, Chapter 301 of the United States Code deals with Motor Vehicle Safety. Under this…

Hahnemann Closure Affecting Malpractice Coverage For Local Physicians

Hahnemann University Hospital in Philadelphia closed its doors in 2019 after 170 years of providing medical care. The hospital began an “orderly wind-down plan” that started on July 7 and continued through September 6, the date which the hospital closed its doors. The closure was due to financial reasons; Hahnemann’s parent company, Philadelphia…

Hot Dog And Hamburger Buns Recalled Due To Choking Hazard

In many parts of the United States, the month of July is associated with cook-outs, picnics, parties, and other gatherings to celebrate our nation’s birthday, along with other fun events, such as family reunions, graduations, and more. Hot dogs and hamburgers can be frequently found on the menu at these types of…

State Farm’s Alleged Practice To Deny PIP Benefits

Personal injury protection coverage (PIP) benefits victims of car accidents in Maryland and Pennsylvania. In the first state, it’s not required but is optional. In the last state, it is required. If you have PIP insurance, you may think you are covered financially when you are in an accident and are injured –…

New Bill Could Shake Up Medical Malpractice Cases In Kentucky

A new measure in Kentucky, Senate Bill 18, could cause patients suing their health care providers for medical malpractice to lose access to hospital peer reviews of the procedures that allegedly caused injury. Senate Bill 18 would amend KRS 311.377 to add medical malpractice actions to the bill that currently provides privilege…

Pennsylvania Court Rules Whether A Valet Is Liable For Fatality After Returning Vehicle To Intoxicated Owner

Under Pennsylvania Dram Shop Laws, owners and workers at establishments serving alcohol may be held liable for damages when providing drinks to those who are visibly intoxicated. Does similar potential liability exist for valet parking attendants who return a vehicle to a patron who is visibly intoxicated?  Richard Moranko used the valet parking…

Pennsylvania Jury Sides With The Plaintiff In Medical Malpractice Case

A jury in Westmoreland County returned a verdict for the plaintiffs in LaRosa v Banks, a medical malpractice case involving the death of Paul LaRosa with a $300,000 award. LaRosa visited the emergency department at Frick Hospital in Mount Pleasant complaining of severe back pain. Defendant Matthew Banks, a staff Radiologist, reviewed a CT scan and…

Maryland School Buses Affected By Safety Recall

The National Highway Traffic Safety Administration (NHTSA) has announced a recall for more than 50,000 school buses in the United States. The Agency found that the seats of the buses may have been manufactured with styrene blocks that may not provide sufficient impact absorption in the event of a crash. Hundreds of…

Doctors Cut Off The Wrong Body Part

Hearing a news report of a doctor or surgeon removing the wrong body part is enough to make us cringe. It may seem unbelievable that a doctor could make such a drastic mistake by not following simple procedures to ensure they are operating on the right part of the body. However, what…

Investigation Between Vaping And Lung Disease Continues

Last month, we reported on a group of teenagers who were experiencing symptoms of lung disease, which appeared to be linked to vaping. The Wisconsin Department of Health Services had reported that eight teenagers were hospitalized during the month of July with serious damage to their lungs. All the teens reported vaping prior…

Washington D.C. Defendant Not Liable In Personal Injury Case Involving Back Injury

Plaintiff Julia Kerr filed a personal injury claim against Washington D.C.-based CrossFit Inc. in a Missouri State Court. Kerr was seeking roughly $3 million in damages for a back injury she incurred while lifting weights at No Shelter CrossFit located in St. Louis. The defendant was alleged to have provided her improper instructions for…

Wisconsin Appeals Court Rules $750,000 Cap On Noneconomic Damages In Medical Malpractice Cases Is Unconstitutional

The medical malpractice case involving Ascaris Mayo was brought to a District Court of Appeals in Wisconsin. Doctors failed to inform Mayo that she had a septic infection, which later sent her into a coma resulting in the amputation of her limbs. A jury awarded Mayo $25.3 million in damages, $15 million of which…

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