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January 9, 2009



State's malpractice caps unconstituional

Madison - A state Supreme Court ruling today shifted the states medical malpractice environment by declaring that the current caps on awards to malpractice victims are unconstitutional.

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Chicago partner Fred A. Smith and associate David M. Goldhaber secured the dismissal of a purported medical malpractice action they removed to federal court from the Circuit Court of Cook County (IL). In Eugene McCoy v. Unicare Life and Health Ins. Co. et al ., 2004 WL 2358277 (N.D.Ill. Oct. 14, 2004), the court found the complaint "completely preempted" by the Federal Employee Health Benefits

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Judge dismisses Kelsey Smith-Briggs suit

SHAWNEE, Okla. (AP) - A judge has dismissed a malpractice lawsuit filed by the father of Kelsey Smith-Briggs, a 2-year-old girl who died after suffering repeated abuse.

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