Kenneth Levine of Kenneth Levine and Associates of Brookline, Massachusetts has filed a fascinating lawsuit against the authors of an article on brachial plexus injuries and the publication that printed the article. Levine alleges that the article, "Permanent Brachial Plexus Injury Following Vaginal Delivery Without Physician Traction or Shoulder Dystocia…
Associated Press reports that a lawyer employed by Baxter International, Inc, a major manufacturer of intravenous drugs and medical devices, tried to pay an opposing expert in a lawsuit if he would leave the country on a key court date. The expert caught the offer on tape. Baxter’s response: "The…
I don’t have a Category titled "You Won’t Believe This Crap" but, if I did, this post would be filed there. According to the WSJ Law Blog, New York City lawyer Gregory Berry has sued his former firm for more than $75 million, claiming the firm fired him for exhibiting intelligence…
The California Supreme Court has ruled that a tortiously injured person who receives medical care for his or her injuries may recover medical expenses only in the amount that the plaintiff’s health insurer paid, not the amount charged by the health care provider but later reduced by a contract between…
The Supreme Court of Iowa has ruled that punitive damages cannot be recovered from the estate of a dead tortfeasor. The thinking goes that punitive damages cannot punish a dead person. In addition, the Court held that in such cases the actor’s state of mind is important and direct evidence of the…
Max Kennerly has a great post on a study on medical malpractice that was recently published in the NEJM. Read it here.
In Wright v. Wright, No. M2008-01181-SC-Rll-CV (Tenn. March 29, 2011) the Tennessee Supreme Court explains how trial courts should determine a “reasonable” attorney’s fee amount when the attorney represents a minor. Trial courts and lawyers should know: (1) an evidentiary record should be made in support of an attorney’s fee…
The Tennessee Court of Appeals has ruled that if it is undisputed that the defendant caused circumstances requiring diagnostic tests to rule out injuries, and the undisputed evidence shows that those tests were reasonable and necessary, a trial court cannot affirm a jury verdict of $0 damages. The trial court…
A recent opinion of the Tennessee Court of Appeals in case reminds us that a company’s internal policies, while not dispositive, are relevant to the standard of care for its employees. After a bench trial, the trial court found Defendant was not negligent, and the Court of Appeals reversed based…
Several months ago I reviewed a book called "Cross-Examination Handbook." Now, the authors of that book have a blog aaptly called the "Cross-Examination Blog." The site is a great place to keep up to date on this important issue. Add it to your regular reading list.