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Tully, NY 13159-0430
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N.H. Supreme Court Refuses to Reconsider $110M Malpractice Decision

Posted on March 11th, 2010 No Comments

The New Hampshire Supreme Court has refused to reconsider its ruling that the state has no right to a $110 million surplus from a fund that underwrites medical malpractice insurance.

 

The Supreme Court upheld policyholders' claim that they had a constitutionally protected, contractual right to the money. The state asked the court to rehear the case, claiming the court disregarded facts, expanded definitions of vested rights to apply to policy holders and improperly shifted the burden of proof to the state.

 

The court refused to rehear the case and said the state could not change law to apply retroactively to the contracts and take the surplus.

 

The ruling is good for policyholders, but adds $45 million to New Hampshire's budget deficit.

 

If you or someone you love has been the victim of Philadelphia medical malpractice or negligence, please contact the experienced Philadelphia medical malpractice lawyers of Lowenthal & Abrams, P.C. to learn more about the legal options available to injured patients. Please call 215-238-1130 today.

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