We’re a bit late to this, but a Federal court in Massachusetts last fall heard a medical malpractice case with fascinating implications for journals.
The case involved allegations by the plaintiffs — two children who had suffered permanent birth defects and their mothers — that they had lost previous malpractice suits because a fraudulent case report was being used to bolster the defense.
The case targeted two ob-gyns, Henry Lerner, of Harvard, and Eva Salamon, of the Bond Clinic, in Winter Haven, Fla., who had published the case study in question. It also named the clinic itself and the American Journal of Obstetrics & Gynecology, which published the article in early 2008.
The article, titled “Permanent brachial plexus injury following vaginal delivery without physician traction or shoulder dystocia,” purported to show:
