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| | Missouri Supreme Court Tosses Med Mal Cap | |
| | Excerpted from: Missouri Supreme Court tosses out state's caps in medical malpractice case by Jo Mannies,St. Louis Beacon 8-1-12: The Missouri Supreme Court has tossed out the state’s caps on malpractice claims put in place in 2005. In the 4-3 ruling the state court ruled that Missouri’s cap on non-economic damages violates the state constitution’s right to a fair trial because courts would have to reduce such jury-awarded damages if they were larger than the state’s cap. Click on the headline and download the opinion. | | Laws/Cases | |
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| | City of Baltimore Accused of Contract Discrimination | |
| | A local minority group has filed a lawsuit against the city of Baltimore and the Board of Estimates, alleging discrimination in the awarding of local contracts. In the suit, the group claims the city awarded most of their contracts to large firms "without considering minority contractors." The lawsuit is seeking up to $40 million in damages on behalf of the minority contracts. Kevin Rector, Baltimore Sun 08/02/2012 | | Read Article: Baltimore Sun | | Doctors Key Players in NFL Concussion Litigation | |
| | Litigation filed by more than 2,000 former NFL players over how the league handled concussions is placing physicians at the forefront of the legal debate. The players claim the NFL for years failed to warn about concussion risks and impose proper safety regulations, leading to long-term brain injuries among athletes. Legal experts say at the heart of the lawsuits is the medical science of concussions and the health professionals responsible for conveying such knowledge to players and the public. Alicia Gallegos, American Medical News 08/02/2012 | | Read Article: American Medical News | | Families of Athletes to Sue Over Heat-Related Deaths | |
| | As high school football players around the country gear up for practices in the searing heat, two families in Southern states whose sons died last summer after strenuous workouts are suing in hopes of holding school officials accountable. The two 16-year-olds, Isaiah Laurencin in Florida and Don’terio J. Searcy in Georgia, were among five high school students who collapsed after exerting themselves in high temperatures last year and later died. LIZETTE ALVAREZ, The New York Times 08/02/2012 | | Read Article: The New York Times | | Engineer Says PG&E Knew Pipeline Records Were Incomplete | |
| | A senior Pacific Gas & Electric Co. engineer testified that he repeatedly warned his supervisors before a fatal gas pipeline explosion in a San Francisco suburb that the utility's gas records were incomplete, but they did nothing about it. Todd Arnett said in a deposition taken as part of a lawsuit against PG&E after the 2010 blast in San Bruno that he was concerned those shoddy records could endanger lives. The blast killed eight people, injured dozens and destroyed 38 homes. Associated Press, The Washington Post 08/02/2012 | | Read Article: The Washington Post | | Products | |
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| | Two Similar Complaints About 2013 Infiniti JX35 Brakes | |
| | After two owners of the new 2013 Infiniti JX35 complained that their automatic braking system suddenly engaged while they were driving on a bridge, then stopped the vehicles without apparent reason, the National Highway Traffic Safety Administration is investigating. CHRISTOPHER JENSEN, The New York Times 08/02/2012 | | Read Article: The New York Times | | Toyota Recalling 778,000 RAV4 SUVs | |
| | Toyota Motor Corp. said Wednesday it’s recalling 778,000 RAV4 SUVs and Lexus HS 250h sedans in the U.S. to fix a suspension problem that could cause crashes. The company says if rear suspension nuts aren’t tightened properly after a wheel alignment, the arms can rust and separate from the vehicle. Toyota reported nine crashes and three minor injuries from the problem. Associated Press, Boston Globe 08/02/2012 | | Read Article: Boston Globe | | Issues | |
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| | Texas Using Health Care Reform Ruling to Fight EPA | |
| | Texas may have new courtroom ammunition in its fight over federal regulation of greenhouse gases: the Supreme Court's recent ruling on health care reform. The high court decision limited the power of Congress to force states to take certain actions by threatening to withhold federal money - in the Affordable Care Act case, existing Medicaid funds. Now, Texas attorneys claim the EPA has acted in a similar fashion by threatening states without plans to control emissions of gases linked to global warming with construction bans on power plants, refineries and other large industrial facilities. Matthew Tresaugue, Houston Chronicle 08/02/2012 | | Read Article: Houston Chronicle | | Healthcare | |
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| | Struggles Continue for Doctors Treating Elderly Poor | |
| | Months after Texas physicians treating the state’s poorest seniors made a public plea for relief, there has been little movement to reverse a state policy that curbed their reimbursements for patients eligible for both Medicaid and Medicare. The policy change, made by budget-weary state lawmakers last session with an expectation that it would save an estimated $450 million over the next two years, has created unintended consequences for some doctors, who find themselves barely able to keep their doors open. THANH TAN, Texas Tribune 08/02/2012 | | Read Article: Texas Tribune | | Editorials/Columns/Letters | |
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| | Diane Suchetka: How to Keep That Doc-in-Training From Being Your Ghost Doctor in Surgery | |
| | Most teaching hospitals hand patients a generic consent form that says doctors-in-training -- as well as nurses, physician assistants and others who still are learning -- may observe or provide some of their treatment. And most patients sign that consent form without giving it a thorough reading or much thought. But what if you don't want to be treated by doctors-in-training? Diane Suchetka, Cleveland Plain Dealer 08/02/2012 | | Read Article: Cleveland Plain Dealer | | Personal Injury | |
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| | Man Injured in Car Wreck Awarded $500,000 | |
| | A Washington state jury has awarded $500,000 to a 63-year-old man who was injured in a 2008 traffic collision. The man, who represented himself, said he suffered "permanent, progressive and disabling injuries" when he was struck by the defendant while entering an intersection on a green light. Wire Report , Seattle Post-Intelligencer 08/02/2012 | | Read Article: Seattle Post-Intelligencer | | Wrongful Death | |
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| | Deadly Avalanche at Vail Mountain Prompts Suit | |
| | The family of a 13-year-old boy killed in an avalanche on Vail Mountain in January has filed a lawsuit against Vail Resorts Inc. The lawsuit accuses the company and the resort of failing to close sections of the mountain following a heavy snow storm. Vail officials told the press the boy and some friends "ducked under a rope" to enter a closed off area the day he died, but witnesses said the part of the mountain was not blocked off by ropes or signs. Kirk Mitchell and Howard Pankratz, Denver Post 08/02/2012 | | Read Article: Denver Post | | Family of Girl Killed on Train Track Files Lawsuit | |
| | A Tennessee woman has filed a lawsuit against a local family over the death of her daughter, who was killed while laying on train tracks with the defendants' son, who was also killed. The suit accuses the family of negligence, alleging they "directly or indirectly" provided alcohol to the girl, who was 19 years old at the time of her death. The suit is seeking unspecified damages. Kate Harrison, Times Free Press 08/01/2012 | | Read Article: Times Free Press | | Fatal Fire Prompts Suit Against Caregiver Company | |
| | Two wrongful death lawsuits have been filed against a Kansas at-home care company over a house fire that killed a woman and her three children in March. The lawsuit accuses the company of failing to provide their contractually promised 24-hour-care to the woman, who was a quadriplegic. The company caregiver allegedly arrived an hour late to the home that morning; had she been on time, she would have been able to prevent the fire or save the woman and her children. Amy Renee Leiker, Wichita Eagle 08/02/2012 | | Read Article: Wichita Eagle | |
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