Nicholas Malfitano News
Objections in Philly's Zantac mass tort, 400 cases strong, say cases are unsound
PHILADELPHIA – New preliminary objections have been lodged in complex litigation related to claims over discontinued heartburn fighter and stomach acid suppressant drug Zantac, charging that the plaintiffs’ case is unsound, unsupported and jurisdictionally improper.
Health care company fights Bucks County inmate's suit
PHILADELPHIA – A health care company is seeking to dismiss counts of alleged professional negligence and vicarious liability from litigation filed by an inmate at the Bucks County Correctional Facility, who charged he was denied adequate and timely medical care when he suffered a broken heel after falling from the furniture in his cell.
Lancaster plaintiff reasserts that late husband's death was result of bleeding from debridement
LANCASTER – A Lancaster woman has again argued that claims that her late husband’s death was caused by a debridement procedure he received on his throat, despite an adverse medical history of cardiovascular problems and use of anticoagulation medicine.
SEPTA conductor's estate says transit agency's negligence caused him to die from COVID-19
PHILADELPHIA – The estate of a Southern New Jersey man has sued the Southeastern Pennsylvania Transportation Authority (SEPTA), alleging that the agency failed to protect him in his work as a conductor and subsequently led him to contract a two year-long and fatal case of COVID-19.
Lawsuit: Plaintiff maimed by mill mixer while on the job
PITTSBURGH – A Western Pennsylvania man claims he was maimed by a mill mixer while on the job and has filed suit to recover damages for the extensive injuries he suffered as a result.
Pittsburgh school ready to settle claims it allowed student to be bullied
PITTSBURGH – A Pittsburgh-area high school stands ready to settle claims that it permitted one of its students to be discriminated against for his race and ethnicity, or that it failed to address the pervasive bullying he was experiencing, which led him to be afflicted with an eating disorder and post-traumatic stress disorder.
Superior Court quashes trio of appeals in sexual assault cases on jurisdictional grounds
HARRISBURG – The Superior Court of Pennsylvania has quashed a trio of appeals from plaintiffs in three separate-but-related sexual assault cases, finding that the Court had no jurisdiction over the specific appeals in question.
Med-mal lawsuit concerning infant's emergency testicle removal surgery is settled
PHILADELPHIA – Shortly before trial, a medical malpractice lawsuit brought by the parents of an infant child who underwent emergency surgery to remove one of his testicles was settled.
Pittsburgh man says building owner's negligence led to him suffering spinal fracture
PITTSBURGH – A Pittsburgh man alleges that due to his apartment building owner’s negligence, he suffered a fall on an icy sidewalk and fractured one of his lumbar vertebrae.
N.J. woman reiterates that she suffered injuries after hotel room mirror fell on her
LANCASTER – A New Jersey woman reiterates that she was injured in a Lancaster inn, when the mirror which was hanging up in her hotel room fell from the wall and landed on her.
Ohio man re-argues that flames consumed him due to oxygen tank loader's negligence
PITTSBURGH – An Ohio man maintains that negligence on the part of a Western Pennsylvania man loading liquid oxygen into a storage tank caused him to be engulfed in flames when he discarded a lit cigarette in the vicinity.
Delaware County removes wrongful death suit for 18-month-old to Philly federal court
PHILADELPHIA – A wrongful death lawsuit surrounding the murder of an 18 month-old in foster care two years ago, has been removed to a federal court by one of the defendants named in the action, Delaware County.
Defendant named in motorboat propeller accident seeks to bar Fla. man's injury claims
PITTSBURGH – A defendant named in a lawsuit surrounding a motorboat propeller accident which seriously wounded a Florida man, has answered the complaint and denied liability for the subject events in question.
Widower says UPMC-affiliated facility was negligent in causing his wife's fall and later death
PITTSBURGH – A Pittsburgh widower alleges that a University of Pittsburgh Medical Center-affiliated facility is responsible for the eventual death of his wife, after she first fell while being transferred from her wheelchair to her bed.
Judge upholds disqualification of witness testimony in former inmate's transit injury lawsuit
PHILADELPHIA – A federal judge has upheld an earlier ruling which disqualified testimony from a witness in litigation brought a former inmate of SCI-Graterford, who claimed local law enforcement officials did not take proper care in transporting him and others who were confined to wheelchairs – leading him to suffer a concussion, chest and spinal injuries.
Settlement fund approved for Angiotech in vena cava filter litigation, with Texas authorities in charge
PHILADELPHIA – A Philadelphia judge has approved the creation of a qualified settlement fund for one medical device company named as a defendant in complex litigation related to damage for inferior vena cava filters, with Texas-based companies set to supervise the funds.
Judge turns down summary judgment, other motions in injury suit over shower organizer
PHILADELPHIA – A federal judge in Philadelphia has denied a motion for summary judgment from Richard Homewares, who had discounted liability for injuries allegedly suffered by a Delaware County plaintiff when she was hit in the face and head by a malfunctioning shelf shower organizer.
Health care company's bankruptcy proceedings leads to stay of man's MRSA infection suit
PHILADELPHIA – A federal judge has stayed claims against the City of Philadelphia, Corizon Health and others, made by a man formerly in the local prison system alleging that sub-standard care led him to develop a MRSA infection and be permanently disfigured – as the health care company has entered bankruptcy proceedings.
Pittsburgh business that sued neighbor and sewer authority over its flooded basement, receives stay
PITTSBURGH – A Pittsburgh business has been granted a stay in its suit against its neighboring business and local sewer authorities, after a leak occurred and its basement was flooded under inches of water.
Judge grants stay in PFAS litigation against more than 70 defendants, while JPML decides
PHILADELPHIA – A federal judge has granted a stay in and set aside the City of Philadelphia’s attempt to remand litigation surrounding PFAS contamination claims to state court.