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Mondelli v. Kendel Homes Corp.

With regard to the Mondellis' appeal, we conclude that the district court abused its discretion in excluding the testimony of Drs. Pour and King. This exclusion of evidence was prejudicial error. The district court did not abuse its discretion in refusing to allow joinder of the claims of the Mondelli family.

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Recent Posts in Birth Injuries Category

Potential Birth Defects Caused by Zofran

The drug Zofran was originally approved by the U.S. Food and Drug Administration (FDA) as a way to combat nausea and vomiting in brought about by radiation therapy, chemotherapy, and other treatments ...

Why Are Babies Born With Cleft Palates?

The Centers for Disease Control and Prevention (CDC) estimates that about 4,440 infants are born with a cleft lip in the United States every year, and 2,650 are born with a cleft palate. Cleft palates ...

$4 Million Settlement in Delayed Cesarean Section / Brain Injury Case

Iowa parents were recently awarded $4 million to settle claims that a delayed cesarean section caused the brain injury of their newborn. University of Iowa Hospitals and Clinics and the state of Iowa ...

Boston Zofran MDL at 200 Lawsuits and Growing

When multiple plaintiffs (hundreds, sometimes thousands) in different districts share common issues and their civil actions involve one or more common questions of fact, these cases can be ...

Caution to Mothers with Morning Sickness: Be Careful What Nausea Drugs You Take

Many doctors prescribed Zofran to expectant mothers to combat their morning sickness, but new lawsuits are emerging that claim the drug causes birth defects. Nearly 60 lawsuits have been filed by ...

How to Know if You Have a Zofran Claim

If you were taking Zofran while pregnant and your child was born with some type of defect or a birth injury occurred, you may be able to take legal action. Zofran is an anti-nausea drug made by ...

California Couple File Lawsuit Against GlaxoSmithKline Over Birth Defect

A couple in Alameda County, California has filed a lawsuit against massive pharmaceutical company GlaxoSmithKline (GSK). Katherine and Matthew Murray accuse the company of not properly warning ...

Birth Trauma: Anoxia and Hypoxia

Birth injuries are often produced by depriving the infant of blood flow or oxygen, or both, during final stages of labor. The results can be cerebral palsy, developmental impairment, or even death. ...

Nebraska Medical Malpractice Case Challenges Damages Cap

A 2-year-old girl and her family were awarded $17 million for a medical malpractice case presented against Bellevue Medical Center. The girl’s mother claimed that the hospital and its worker ...

Military Mother Sues US Government for Prenatal Negligence

A woman in Nebraska is suing the US Government for prenatal negligence and the injuries her baby sustained during labor. Because her husband was on active duty at the time, serving as Captain in the ...

GSK Requests Multi-District Litigation in Zofran Birth Defect Lawsuits

This week, GSK made a formal request asking the court to consolidate the multiple Zofran birth defect lawsuits into a multi-district litigation (MDL) to be heard before one judge in Pennsylvania, ...

Lawsuit Filed in Alabama Claims Zofran Caused Birth Defects

An Alabama woman recently filed a federal lawsuit alleging that her use of the anti-nausea drug Zofran during her pregnancy caused her son to be born with birth defects. A new lawsuit filed in the ...

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