The federal judge heading up the Vioxx MDL will permit the plaintiffs to call expert witnesses to prove that short-term use of Vioxx can cause cardiac problems.
Read about the ruling and other Vioxx news here.
Death of a Friend – David Shrager
I just learned that David Shrager, a fine gentleman and lawyer from Philadelphia, has died. David is a former President of ATLA and a man I greatly admired. He always took the time to talk to young lawyers and remind them of their responsibility to their clients and the public. He was a giant of the trial bar.
Ken Suggs, the current ATLA President, has sent out a email about David’s death. It is set out fully below.
“ATLA, the legal profession and the vulnerable families we represent have lost an outstanding leader and friend.
Thanksgiving Weekend
I am taking a few days off to enjoy the holidays. I be back with you on Monday a.m.
Off Topic – Iraq
Well, I just said that I wasn’t going to post anything and then came upon this interesting article about the events leading up to the war in Iraq. This article does as fine a job as I have seen compiling the facts about the representations made by the Bush administration leading up to the war.
Please don’t write to me and tell me that I don’t support our troops. That is ridiculous.
Article in Memphis Paper About Medical Malpractice Litigation in Tennessee
Here is an interesting article published in a Memphis newspaper.
Toy Report Issued – Concerns About Risk of Injury to Children Expressed
It’s toy time in Tennessee – and all around the nation. This report is the 20th Annual Toy Survey that advises us about toys that present a risk to children. Here is the Executive Summary. And here is summary list of the toys that present a potential hazard.
Last Chance for Justice Programs Seminar
Next week is the last seminar of the year offered by Justice Programs, a creation of former Tennessee Supreme Court Justice Penny White, former Court of Criminal Appeals Judge Joy Riley and yours truly. We will be in downtown Memphis at the Doubletree Hotel on December 1 and 2.
We offer a complete year’s worth of CLE is 2 days. The program is designed for civil trial practioners.
We have had a great time with the seminar this year and, if I do say so myself, have had great reviews. We have almost doubled our attendance from last year and have been very fortunate to have a good number of repeat attendees.
Tort Reform Playbook
Here is what purports to be talking points concerning tort reform for Republicans.
A sampling: “America has far too many frivolous lawsuits, absurd jury awards and outrageous plaintiffs’ lawyers. They wreck small businesses, damage the economy, punish consumers, deprive Americans of essential healthcare and cost all of us a lot of money. Republicans can never go wrong criticizing lawsuit abuse. For statistical purposes, you start with a potential pool of 81% of the electorate that believes ‘laws should be enacted to make it tougher for lawyers to file frivolous lawsuits.’ That’s pretty darn good.
So you start out with the American public on your side. But to keep them there, you need to talk about this issue using the right tone, context and language.”
It goes on and on, page after page.
Vioxx Cases Moving Forward in New Jersey
Fresh off the heels of a recent loss, Chris Seeger and his team are gearing up for more Vioxx cases state court in New Jersey. The judge has decided that one of seven cases will be tried starting January 30, 2006. Each of the cases are on behalf of a person who took Vioxx 18 months or longer; one of the people died.
Cases in which the plaintiff took Vioxx for 18 months or longer are expected to be more difficult for the defense to try.
The next New Jersey case will begin March 27, 2006.
Smart Practices Mean Less Injuries
Kaiser Permanente is advancing the cause of patient safety by using a “Preoperative Safety Briefing” similar in concept to preflight checklists used in the airline industry. A one-page checklist was developed and used for the project.
In a six-month trial project wrong site surgeries were eliminated (there had been three in the prior six month period) and positive perceptions by staff about patient safety and teamwork increased.
Read more here and here.