Boston-based intellectual property litigation associate Samuel Brenner (Boston) was cited in Law360 for succeeding in a pro-bono case when the U.S. Court of Appeals for the Federal Circuit, in an important precedential decision, remanded a lawsuit on the denial of disability benefits for a veteran who was injured during surgery performed by a private doctor recommended by a Veterans Affairs physician.
The Federal Circuit panel ruled that the U.S. Court of Appeals for Veterans Claims must review a disability benefits suit filed by veteran Paul Ollis, who complained that he became disabled after a nerve was severed during a medical procedure. The panel stated that, under federal law, Mr. Ollis only had to prove that the recommendation caused him to pursue the operation, and not, as the veteran’s court ruled, that the recommendation caused the nerve to be cut resulting in disabling injuries. The case is Ollis v. Shulkin.
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