Here is some interesting data about injuries in the United States from the CDC National Center for Injury Prevention and Control:
* 50 million injuries a year require medical attention
* Cost in medical expenses? $80+ Billion
Wrong Site Surgeries
Go to the Tennessee Medical Malpractice Law Blog for a post on wrong site surgeries.
Lawyer and Insurer May Be Sued For Pressuring Opposing Witness Into Not Testifying
Teresa Sigmon, attorney for the defendant in a medical malpractice case, allegedly pressured one of the plaintiff’s consulting experts in the case into withdrawing from an agreement to testify for the plaintiff. The plaintiff then sued her, her law firm, and the the medical malpractice insurer for “abuse of process, intentional interference with a business relationship, inducement/procurement of a breach of contract, and coercion of a witness.” (The defendant doctor was also sued originally; that claim was dropped.)
The Sixth Circuit Court of Appeals remanded all of the claims against the lawyer and her law firm for trial except the abuse of process claim.
The Court found the existence of a business relationship between the consultant and the plaintiff and found that a claim existed under both the interference and inducement theories.
Strike!
Can a community college be sued when a pitcher on its baseball team intentionally hits an opposing player in the head with a baseball?
Sure.
Can the school be held liable?
7th Circuit Rebufs Lawsuit of Wrongfully Imprisoned Man
Mr. Wallace was 15 years old when he was charged with murder. He served eight years in prison before an appellate court determined that he was arrested without probably cause and that his confession was tainted by the illegal arrest.
He sued, but the 7th Circuit Court of Appeals held (a) the suit was untimely because it had to be filed at the time of the arrest, not after the conviction was voided and (b) any damages would be limited to the period between the arrest and the arraignment, not for the eight years spent in prison. The case is Wallace v. City of Chicago, No. 04-3949; read it here.
The result is not only at odds with the 2nd, 4th, 5th, 6th and 9th Circuits but also with a decision of the 7th Circuit just a couple years earlier in Gauger v. Hendle, 349 F.3d 354 (2003).
ATLA Takes On The President
ATLA CEO Jon Haber’s Statement in Response to Bush’s Attacks Today on the Civil Justice System
(Washington, DC)-ATLA CEO Jon Haber issued the following statement in response to Bush’s attacks today on the civil justice system:
“It would take the President less than a minute to discover the number of physicians is on the rise, not declining, and that the reason for inflated malpractice insurance premiums is directly attributable to insurance industry greed. Bush carelessly throws around terms like ‘junk lawsuits.’ But the civil justice system he is attacking protects families who lose children as the result of medical negligence and patients who suffer devastating injuries — all of whom deserve accountability. So it appears the ‘plethora of lawsuits’ the President referred to must be buried out there somewhere with the weapons of mass destruction in Iraq.”
The State of the Vioxx Litigation
Here is probably the best article I have read about the status of Vioxx litigation after the New Jersey verdicts.
Lynn Swann Calls for Tort Reform
Lynn Swann, Republican candidate for Governor of Pennsylvania, has called for tort reform. Read more here.
Yet another reason for me to dislike the Steelers (except the Bus – I think the Bus is fantastic.)
Thanks to Torts Prof Blog for bringing this article to my attention.
Drug Sharer to Face Jury
Mr. Kasey shared his Oxycontin with another, who gave it to her boyfriend (at the same party) who it turn consumed the drug with alcohol. The recepient/user died in his sleep from the combination of the drugs. His mother sued Kasey.
Kasey defended by arguing that he did not owe a duty of care to the decedent and that his conduct was not the proximate cause of the death.
The Arizona Court of Appeals held that a duty was present, saying as follows: