John Ritter died of an aortic aneurysm in 2003. His family filed a medical malpractice lawsuit against various health care providers. It now appears that the case has been settled. I met John Ritter in New York 5 or 6 years ago. I went to a play and at the…
Day on Torts
Death of Milda Heath, my Grandmother
Wednesday morning at 10:30 a.m. my grandmother died at home at the age of 97. My wife Joy and I leave for Wisconsin this morning; the funeral is Saturday in Platteville, a college town of 10,000 people. Platteville is in the Southwest corner of the state and about nine miles…
Research on Defense of Punitive Damages Cases
Punitive damages in Tennessee are rarer than hen’s teeth. But that doesn’t mean that they shouldn’t be sought in appropriate cases – of course they should. However, it is not enough to simply say: “what the defendant did was bad, real bad” and hope that you can carry the day.…
Lanier v. Merck, Round 2, Post 12
The defense starts it case in the New Jersey Vioxx trial. The trial is expected to be over next week.
This op-ed piece from today’s
This op-ed piece from today’s New York Times is so good it needs to be repeated in full in this blog. The Doctor Will See You for Exactly Seven Minutes By PETER SALGO WHEN politicians speak of America’s health care needs, they often miss an important point: the doctor-patient relationship…
Editorial Re: Tort Reform
Here is an editorial from Wausau Daily Hearld Wisconsin, the county seat in my home county in the Northwoods. A sample: “Now legislators have pulled another number from thin air and set it as the cap after hearing tales of horror and woe from the state’s physicians. You likely heard…
Lanier v. Merck, Round 2, Post 11
Motion for directed verdict denied. Merck has now begun to offer its defense to the two Vioxx cases consolidated for trial in New Jersey. Read more here. Meanwhile, the California Vioxx cases are heating up. Learn more here.
Natalee Holloway
The death of Natalee Holloway is a tragedy in every sense of the word. It is a tragedy compounded by screaming skulls (as opposed to talking heads) like Nancy Grace, a pseudo-journalist who has successfully managed to purge any gray matter she might have of anything she was supposed to…
Lanier v. Merck, Round 2, Post 10
The news from the New Jersey Vioxx trials.
SCOTUS Denies Cert in Punitive Damages Case
The Supreme Court denied cert in a cigarette case yesterday, letting a $50,000,000 punitive damages award stand against Phillip Morris. The compensatory damages in the case were $5,500,000. This will be an encouragement to the plaintiff in the Oregon tobacco case; recall that the Oregon Supreme Court affirmed a $79.5…