Lead Paint
Litigation against paint manufacturers for using lead in paint has been underway for years and the industry has always won.
Until now.
Here is a fascinating story about lead paint litigation in Rhode Island and the recent jury verdict for the State of Rhode Island after more than five months of trial. It includes juror interviews.
The Ugly Side of Tort Reform
Texas passed damage caps and other legal “reform” measures and now people are starting to understand the harm that we predicted would occur.
This article explains the costs.
An excerpt: “But the reforms have exacted a high price, particularly among the very old and very young, patient advocates say. Because they can’t ask juries for large pain and suffering awards anymore, lawyers now look for cases in which a patient or survivors have suffered a large economic loss – generally, lost wages as a result of injury or death. Complex malpractice cases can cost $100,000 to prepare. If injured patients’ best earning days are behind them, or the patient is a child whose future income is impossible to predict, the potential rewards may be too small to make the case worth filing.”
Cost of Infections
The Washington Post tells us that hospital-acquired infections cost more than $600M per year – and that is just in Pennsylvania!
An excerpt from the article: “Doctors, nurses and patients’ relatives have long known the risks of contracting an infection while in a hospital. But there has been little quantifiable data available on the cost of those infections, from a financial or a medical perspective. The average hospital payment for a Pennsylvania patient who did not have an infection was $8,078, compared with $60,678 for patients who did, according to the report by the Pennsylvania Health Care Cost Containment Council.”
Wouldn’t it be nice if doctors and hospitals spent their time and money trying to prevent infections rather than trying to reduce their financial responsibility for negligence? The cost of malpractice insurance in a drop in the bucket compared to the cost of hospital-acquired infections.
Lanier v. Merck, Round 2, Post 16
The defense in the New Jersey Vioxx case has rested. Read more here.
Kim McMillan Announces Intention Not to Run for Re-Election
Kim McMillan has announced that she will not run for re-election to the Tennessee House of Representatives.
Kim is a Democrat from Clarksville and has served for six terms (twelve years). She is the first female Majority Leader of the House in the history of the state.
Kim is one of the brightest and most articulate people in the House. She is also one of the few remaining lawyers in the Legislature.
Sanctions for Misconduct of Counsel
Lawyers who cheat need to be popped – hard. Here is an article about a defense lawyer who commented during opening statement on evidence that had been excluded by the trial judge. The appellate court reversed an order of sanctions against him.
I was in a trial a little over a year ago where the defense lawyer repeatedly violated an order on a motion in limine. The lawyer knew that we did not want a mistrial and the judge refused to come down hard when the order was violated. I knew that asking for sanctions would be an exercise in futility.
I do not know all of the facts of the PA case so it is difficult to know whether the appellate decision is right or wrong, but from what appears in the article it seems to me that, at the very least, the defense lawyer knew or should have known that he was pushing the envelope. In my opinion it is the responsibility of the lawyer to know what the judge has ruled in limine, and if he or she does not understand the ruling to ask for a clarification. It is not appropriate to gamble on what the order means and ask for forgiveness later.
Lanier v. Merck, Round 2, Post 15
The end is near in the New Jersey Vioxx trial. Here is the latest.
Lanier v. Merck, Round 2, Post 14
More proof from the defense in the New Jersey Vioxx trial; read about it here.
The next federal Vioxx trial begins June 12, 2006.
Tennessee Legislature Rejects Medical Malpractice Bill
Yesterday afternoon the Civil Practice Subcommittee of the House Judiciary Committee voted 3-2 to reject a bill offered by Rep. Doug Overbey that would have capped pain and suffering awards to medical malpractice victims and placed other limitations on recoveries. Voting against the legislation were Chairman Briley, Majority Leader McMillian, and Rep. Brooks. Fifteen to twenty doctors and the spouses of several attended the committee meeting and worked the halls before the vote. Several victims of malpractice also attended and spoke with some of the committee members.
The health care industry reportedly spent $500,000+ on this effort and one of their representatives has told me that they will be back next year. They want caps on damages and will accept nothing less.
The legislators opposing this legislation were under tremendous pressure to vote in favor of the health care industry and exercised great courage by standing up in favor of patients. Each of them deserve our thanks and our support.