Day on Torts

April 7, 2006

Deaths from Medical Malpractice

It is getting worse. A study of patients in our Medicare population has found an alarming number of incidents and deaths.

The study looked discharge records of Medicare patients and used 16 of “20 indicators for potentially preventable patient safety incidents that could be readily identified in hospital discharge data. This tool set of 20 evidence-based PSIs was created and released to the public in 2003 to be used by various healthcare stakeholders to assess and improve patient safety in U.S. hospitals.”

They found:

April 7, 2006

Lanier v. Merck, Round 2, Post 19

by The Law Offices of John Day, P.C.

Now, the punitive damage phase. Read here.

April 6, 2006

Lanier v. Merck, Round 2, Post 18

by The Law Offices of John Day, P.C.

The jury returned a verdict in the New Jersey Vioxx trial yesterday afternoon.

The jury found that Merck had failed to warn the men about the risks of heart attack and stroke associated with Vioxx but found a causal link between the drug and a heart attack for only one plaintiff.

McDarby, who said he used the drug for four years, was awarded $3.0 million. His wife was awarded $1.5 million.

April 6, 2006

A Win for Cameron

by The Law Offices of John Day, P.C.

Cameron Diaz has won her lawsuit over unauthorized sale of photos of her topless.

April 5, 2006

Out of Town

by The Law Offices of John Day, P.C.

I am out of town today giving a speech for the Kentucky Academy of Trial Attorneys. I won’t likely get a chance for a substantive post, unfortunately.

April 4, 2006

Lanier v. Merck, Round 2, Post 17

by The Law Offices of John Day, P.C.

The New Jersey Vioxx case is to the jury – the defense did its closing argument yesterday.

Also, here is an interesting article about jury questions in the Vioxx case.

April 4, 2006

Vacanies on the Tennessee Supreme Court

by The Law Offices of John Day, P.C.

The Appellate Cour Nominating Commission will be meeting on April 20 and 21, 2006 to select three people to recommend to the Governor to serve on one of the two open spots on the Tennessee Supreme Court.

As of the application deadline of March 31, 2006, at 4:30 p.m. CST, the following persons have submitted their application for this judicial position:

Judge Gary R. Wade
Judge D. Kelly Thomas, Jr.
D. Bruce Shine
Judge J.C. McLin
George T. “Buck” Lewis
J. Houston Gordon
Chancellor Richard H. Dinkins
Philip A. Condra
Stephen A. Cobb
Judge Frank G. Clement, Jr.
Judge D’Army Bailey

April 4, 2006

Off Topic – Tom Delay

by The Law Offices of John Day, P.C.

Tom Delay is resigning from Congress. For the latest on this issue, see this article from the Washington Post.

This article tells us how the circle is closing around Delay.

Or should I say noose.

April 3, 2006

Lead Paint

by The Law Offices of John Day, P.C.

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.

April 3, 2006

The Ugly Side of Tort Reform

by The Law Offices of John Day, P.C.

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.”