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.
"What duty does an HIV-positive individual have to avoid transmitting the virus? What level of awareness should be required before a court imposes a duty of care on an HIVpositive individual to avoid transmission of the virus? What responsibility does the victim have to protect himself or herself against possible…
The case: Jordan v. Baptist Three Rivers Hospital, 984 S.W.2d 593 (Tenn. 1999). Author: Justice Janice M. Holder. Why it is a Blue Chipper" Jordan overruled past precedent that misread the wrongful death damages statute and permitted, for the first time, a factfinder to award damages for the loss of love,…
Insurance Journal reports that a lawsuit has been filed against Bacardi, the manufacturer of 151 rum. The article says that "a bartender, who was not identified in the lawsuit, was pouring shots when a customer lit a menu on fire and placed it in the stream of alcohol. A bottle of Bacardi…
A website has been launched that will help doctors and the public identify patients and lawyers who filed medical malpractice cases. Here is a nice summary: "The LitiPages.com Attorney Database allows victims of medical malpractice to screen prospective attorneys and, if they so choose, avoid lawyers who consistently fail to…
You resolve a case by settlement or judgment and the check is sent to your office. The check has been deposited in your trust account, has cleared the bank, and the proceeds are now ready for distribution. There are several health care providers who gave care to your client concerning…
My friend Keith Williams posted a comment that asked about the Tennessee ethics opinion that discusses how to handle the issue raised in the proceeding post – how should we handle liens asserted by health care providers when we have not signed a contract obligating us (as lawyers) to recognize…