It happens almost every day. I receive a call from a person claiming that they have been injured by the act or omission of some health care professional and I have to tell them I can’t help them because the damages suffered to not justify the time and expense of…
I recently wrote about a few of the ways the tort reform legislation that hit Tennessee effective October 1, 2011 will impact the victims of the fungal meningitis outbreak. Heidi Hall of the Tennessean talked to one of the sponsors of the tort reform legislation. This is what he…
The fungal meningitis outbreak will result in four different classes of those with claims for damages against those who are responsible for the harm: (1)those who die; (2) those who contract the disease and are treated with no long-range effects; (3) those who contract the disease, are treated, but are…
Those of us who are medical malpractice lawyers or personal injury lawyers spend some time every day learning some aspect of medicine. Like most of you, I am always on the lookout for good websites that will help me learn some aspect of medicine that will help me help my clients.…
The fungal meningitis outbreak discovered in Nashville and now spread to other states (Minnesota, Ohio, Florida, North Carolina, Indiana, Michigan, Virginia and Maryland) will shed new light on compounding pharmacies and epidural steroid injections. But it will also shed a light on the tort reform statutes that placed limitations on the…
The fungal meningitis outbreak continues to grow. Five patients have died and over 40 other patients have contracted fungal meningitis, reportedly after each of them received the steroid methylprednisolone acetate compounded by the New England Compounding Center ("NECC"). Each of the patients received the steroid as treatment for chronic back…
The Montana Supreme Court has ordered that a trial court may not order a Rule 35 psychological examination of a personal injury plaintiff who has asserted a typical pain and suffering claim. In Lewis v. 8th Judicial District, OP 12-0401 (Mont. S. C. Sept. 11, 2012) Lewis brought a claim…
The United States Supreme Court has agreed to consider E.M.A. ex rel. Plyler v. Cansler, 674 F.3d 290 (4th Cir.2012), in which the 4th Circuit Court of Appeals said that North Carolina’s one-third cap on the state’s recovery against a Medicaid recipient’s settlement proceeds as provided in its third-party liability…
The 2012 Justice Programs annual seminar has been scheduled. The seminar will once again be held in Knoxville (Nov. 29 and 30), Nashville (Dec. 6 and 7) and Memphis Dec. 13 and 14). Fifteen hours of CLE credit (including four hours of ethics / dual credit) will be awarded to…
The United States Court of Appeals for the Eighth Circuit has ruled that a law firm that was admittedly aware of an ERISA subrogation interest and disbursed settlement funds from a third-party claim to its client could not be held personally liable for failure to pay the funds to an…