Author of a recent article published in Medicine, Health Care and Philosophy have taken a hard look at the 1986 article in the New England Journal of Medicine by Karin Nelson and Jonas Ellenberg that led the medical community to sing in chorus that lack of oxygen was rarely a…
Have you ever been struggling with an evidence issue and wanted to avoid standing up to grab a copy o fthe Federal Rules of Evidence? Here is a copy. And here is a copy of the Tennesse rules. Guess what I have been doing this morning.
In Pederson v. Barnes the Alaska Supreme Court was faced with the issue of the circumstances under which a guardian’s lawyer is liable to the ward for the guardian’s wrongdoing. Aiken became Barnes’ guardian after Barnes’ parents died. (Barnes was a minor at that the time of their death.) Pederson represented Aiken in…
Ford Motor Company has recalled 6,700,000 vehicles that have faulty cruise control systems that can cause the vehicle to catch fire. Ford now agrees that "brake fluid might leak from the switch that deactivated the cruise control once the driver stepped on the brake. That fluid can drip onto the…
Here is a great post – collecting other great posts – about the meaning of the "usual stipulations" in a deposition. Thanks Evan.
When a lawyer is sued for negligence in conjunction with the appellate process who decides whether or not the appeal would have been successful, judge or jury? The judge makes the decision, according to the Illinois Supreme Court. The Court said that "the issue of proximate cause in an appellate…
A decision released yesterday by the Court of Appeals confuses me greatly. Defendant 1 blamed Nonparty in an answer. Plaintiff sued Nonparty, who then became Defendant 2. Defendant 2 moved to dismiss, saying inter alia that the complaint against it was barred by the statute of repose. Then, according to…
The jury in the first Vioxx trial in California has ruled in favor of Merck. Read more here.
Efforts to improve teamwork and communication have substantially reduced births resulting in traumatic injury . Many of the Seaton hospitals have worked with the Institute for Healthcare Improvement to reduce preventable childbirth injuries by " improving communications, standardizing procedures and reducing risky methods that speed deliveries, including forceps use, vacuum deliveries…
The first of several thousand Vioxx cases in California is nearly complete. I will let you know when the verdict comes in.