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Suit Filed over Injury at Schlitterbahn Water Park |
| The family of a young girl from Humble, Texas, has filed a lawsuit against the Schlitterbahn water park in Galveston, claiming part of her thumb was cut off in the park's wave pool. In the suit, the girl says she was waiting along the wall of the wave pool when her hand was pulled into a vent; when she was finally able to pull it out, part of her thumb was not attached. The suit accuses the park of negligence and unsafe conditions. Staff Report, Houston Chronicle 10/07/2012 | Read Article: Houston Chronicle |
Man Asks for Suit Against TSA Agents to Go Forward |
| A former college student in California has requested that a U.S. appeals court allow him to continue a suit against five federal agents who handcuffed him in a Philadelphia airport in 2009 over Arabic language flashcards. The plaintiff says he was detained for five hours, two of which where he was handcuffed, while agents found no weapons or threatening objects in his luggage. Judges said the man was "perp walked" by security through the airport. Wire Report, The Washington Post 10/05/2012 | Read Article: The Washington Post |
Supreme Court Dismisses Telecomm Wiretap Suit |
| The U.S. Supreme Court has declined to hear an appeal on a 6-year-old class-action lawsuit against telecommunications carriers over monitored calls and e-mails. Plaintiffs in the suit claimed the mass surveillance was unconstitutional; in 2008, however, Congress "granted a retroactive immunity to persons or companies who come to the aid of U.S. intelligence agents." The original judge in the case sided with the plaintiffs, but subsequent appeals absolved the communication companies of any liability. David G. Savage, LA Times 10/09/2012 | Read Article: LA Times |
NY Appeals Court Rules Shooting Victim Can Sue Gun Maker |
| A former high school athlete who was shot in 2003 may sue the companies that made and distributed the handgun used in the crime under an appellate court ruling that gun control advocates say will keep irresponsible gun makers and sellers from taking advantage of a federal law shielding them from lawsuits. CAROLYN THOMPSON , Associated Press, Star Tribune-South Metro 10/09/2012 | Read Article: Star Tribune-South Metro |
High Court to Determine States’ Take of Medical Liability Awards |
| The U.S Supreme Court in its current term will weigh how much state Medicaid programs are entitled to recoup from beneficiaries who win medical liability awards. Justices have agreed to hear oral arguments in Delia v. E.M.A. The case, officially accepted Sept. 25 by the high court, centers on whether a North Carolina law that requires such plaintiffs to return to the state up to a third of any tort payments they receive is overly broad. The ruling will impact how state Medicaid programs are allowed to designate what is fair reimbursement from patients who have received subsidized care for their injuries. Alicia Gallegos, American Medical News 10/09/2012 | Read Article: American Medical News |
Third Parties Can’t Sue Doctors When Injured by Patients |
| Physician advocates are praising a Connecticut Supreme Court ruling they say protects doctors from being sued unfairly by third parties who are injured by patients. In a Sept. 17 decision, judges said physicians owe no duty to nonpatients who are harmed because of a patient’s medical condition. The ruling contrasts with state Supreme Court opinions in similar cases. Alicia Gallegos, American Medical News 10/09/2012 | Read Article: American Medical News |
Products |
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When Implanted Medical Devices Go Wrong, Who Pays? |
| As the number of costly, high-profile recalls rises, along with pressure to cut their own spending, insurers are starting to pin more of the responsibility on manufacturers. If they succeed, medical device makers - already worried about weaker global demand for many of their products and the impact of a new U.S. tax on their profits - will have even more costs in the wake of product recalls, the biggest of which can already lead to billions of dollars in expenses. Debra Sherman, Reuters 10/09/2012 | Read Article: Reuters |
Up to 13K Got Shots of Recalled Steroid |
| As many as 13,000 people received steroid shots suspected in a national meningitis outbreak, health officials said Monday. But it’s not clear how many are in danger. Officials don’t how many of the shots may have been contaminated with meningitis-causing fungus tied to the outbreak. And the figure includes not only those who got them in the back for pain — who are most at risk — but also those who got the shots in other places, like knees and shoulders. Associated Press, The Washington Post 10/09/2012 | Read Article: The Washington Post |
Healthcare |
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“Silent Exodus” From Medicine |
| Frustrated by mounting regulation, declining pay, loss of autonomy and uncertainty about the effect of health system reform, doctors are cutting back the number of hours they work and how many patients they see. Between 2008 and 2012, the average number of hours physicians worked fell by 5.9%, from 57 hours a week to 53, and doctors saw 16.6% fewer patients, according to a survey of nearly 14,000 doctors released in September. If the trend continues through 2016, it would equate to the loss of 44,250 full-time physicians, said the report, conducted by the doctor-recruiting firm Merritt Hawkins & Associates for the Physicians Foundation. The foundation was started in 2003 with more than $30 million from class-action settlements that 22 state and county medical societies made with health plans. Kevin B. O'Reilly, American Medical News 10/09/2012 | Read Article: American Medical News |
Wrongful Death |
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Family Files Suit in Death of Man in Romania |
| The murder of a former American basketball player in Romania has prompted a $210 million lawsuit filed by the victim's family. The 23-year-old was savagely beaten in a Romanian bar in October 2011 and died in a hospital shortly after. The lawsuit names the victim's attacker, the Romanian Basketball Federation and two doctors who treated him. Wire Report, Hardin County News 10/08/2012 | Read Article: Hardin County News |
Lawsuit Coming over Fatal Shooting by Border Patrol |
| The family of a California woman who was shot and killed by U.S. Border Patrol have vowed to file a lawsuit against the agency. In the initial police report, the woman allegedly struck a Border Patrol agent with her car while leaving an apartment complex in Chula Vista; the officer drew his gun and shot her nine times. Agents say the apartment complex was known for drug activity, but it is unclear if any contraband was found in the victim's car. Staff Report, United Press International 10/08/2012 | Read Article: United Press International |
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