| | | | | Announcements | | | Share on FB: “The Truth About Torts: Defensive Medicine and the Unsupported Case for Medical Malprac | | A new whitepaper from the Center for Progressive Reform says medical tort reform won’t provide significant savings, since the costs of malpractice insurance and paying injured patients amounts to only 0.3 percent of total healthcare costs each year. Instead, the authors take aim at insurance companies, saying the focus on tort reform and claims about the costs of “defensive medicine” is nothing more than “a politically expedient straw man, allowing policymakers and the insurance industry to ignore or obscure the real drivers of rising medical costs, including the high costs of prescription drugs; the high demand for, and increasing use of, state-of-the-art technology; the growing incidence of chronic diseases; and an aging population that lives longer and consumes more medical care.” Source: Healthcare Finance News by Chris Anderson, Senior Editor | Volunteer to End Distracted Driving | | The American Association for Justice and the non-profit group End Distracted Driving (EndDD) have teamed up to engage plaintiff’s lawyers in helping to spread the message about the dangers of distracted driving, and to get attorneys involved in the movement to end this dangerous practice. As April has been designated National Distracted Driving Awareness Month, TTLA is encouraging our membership to get involved and become advocates for safer driving in our Texas communities. Please see the message below, and click on the links to find out how you can volunteer to help end distracted driving in Texas. Click on the headline to learn more. | Products | | | Jeep Liberties Recalled Due to Rust Issues | | Automaker Chrysler has issued a recall of almost 210,000 Jeep Liberties, model years 2004-2005, due to rust problems that can lead to the loss of rear wheels. The car maker reported that the arms that lock the rear wheels in place may rust and break off, increasing the risk of crash. There have been 83 complaints of the arms fracturing, but no injuries have occurred. Fred Meier, USA Today 03/07/2012 | Read Article: USA Today | Laws/Cases | | | Suit Filed Over Investigation of Teen's Fatal Shooting | | The death of a Miami-Dade teenager at the hands of a neighborhood watch captain has prompted a lawsuit by the family against local police, demanding answers and more action. The unarmed teen was shot in the chest by a neighborhood watchman while trying to visit his father. After weeks going by with no criminal charges filed by police, the family filed suit "to force police to turn over the 911 phone recordings and other investigative documents." Monique O. Madan and Michael Vasquez, Miami Herald 03/12/2012 | Read Article: Miami Herald | Ohio VA Clinic Paid $940K in Cases Over 8 Deaths | | Public records show the U.S. Department of Veterans Affairs paid out $940,000 in cases related to the deaths of eight Dayton VA Medical Center patients. The center came under scrutiny last year after allegations of improper hygiene by a dentist at a clinic. Records requested and obtained by the Dayton Daily News reveal the center has faced 72 medical malpractice claims since 2007, including those related to eight deaths between 2005 and 2008. There are pending claims over two deaths in 2009 and 2010. Associated Press, Cleveland Plain Dealer 03/12/2012 | Read Article: Cleveland Plain Dealer | Woman Injured at Costco Awarded $415,000 | | A California jury has awarded a local woman $415,000 in a lawsuit she filed against Costco after slipping and shattering her kneecap at a Costco store. The lawsuit claimed the woman slipped on a "puddle of liquid soap" that was left on the ground at the store. Her injury has already forced her into one major surgery, and she may need two more, the suit says. Brian Day, San Gabriel Valley Tribune 03/07/2012 | Read Article: San Gabriel Valley Tribune | Oil Spill Aftermath: A Tale of Three Plaintiffs | | All along the Gulf Coast, in a tight-knit community that stakes its reputation on the size of the catch, business owners are wrestling with questions of compensation. Some have accepted a settlement and wonder whether they should have held out for more. Some are angling for an offer. And some, like Strohmeyer, are still pondering their options. Kathy Finn, Reuters 03/12/2012 | Read Article: Reuters | BP Oil Spill Health Settlement Details Are Still a Mystery | | In the BP oil spill case, the health settlement negotiated last weekend between BP and attorneys for private plaintiffs in the oil spill litigation makes tens of thousands of new people eligible for care and compensation from the disaster, and it could make a meaningful difference in the delivery of mental and physical health care in small coastal communities. But law professors, environmental health specialists and health care practitioners say it all depends on the yet-unknown details of the agreement, which is expected to be filed in court in mid-April. "What are going to be the physical manifestations of medical problems that qualify for reimbursement? What degree of exposure would you have had to have had? What's going to be the standard to qualify for medical monitoring?" asked Blaine LeCesne, a tort law professor at Loyola University who has been following the litigation. "It's only going to be as good for the plaintiffs as those criteria are flexible and broad enough to embrace a wide variety of claims." Rebecca Mowbray, New Orleans Times-Picayune 03/12/2012 | Read Article: New Orleans Times-Picayune | J&J's Drug Settlement for $1 Billion Is Rejected | | Federal prosecutors in Washington, D.C., have rejected a roughly $1 billion proposed settlement to resolve allegations that Johnson & Johnson promoted the antipsychotic drug Risperdal for unapproved uses, according to people familiar with the matter. J&J and the federal prosecutors in Philadelphia who had reached the tentative deal now must go back to the drawing board, because the officials in Washington are seeking a larger settlement. JONATHAN D. ROCKOFF AND JOANN S. LUBLIN , Wall Street Journal - $$ Subscription Required 03/12/2012 | Read Article: Wall Street Journal - $$ Subscription Required($) | Jury Awards Nearly $3M to Couple in 'Wrongful Birth' Lawsuit | | A jury awarded nearly $3M to a Portland-area couple whose daughter was born with Down syndrome even though a prenatal test found she didn't have the chromosomal abnormality. The jury voted 12-0, taking less than six hours before reaching a verdict in the case of Ariel and Deborah Levy vs. Legacy Health System. The money will cover the estimated extra lifetime costs of caring for a child with Down syndrome. Aimee Green, Oregon Live 03/12/2012 | Read Article: Oregon Live | Business Litigation | | | Suit: Texas Planned Parenthood Defrauded Medicaid | | A whistleblower lawsuit has been filed against a Planned Parenthood affiliate in Texas, accusing the entity of falsely submitting $6 million in claims to Medicaid and then attempting to cover it up. The suit claims Planned Parenthood Gulf Coast "submitted more than 87,000 reimbursement claims for services that were false, fraudulent, and/or ineligible." The organization submitted "all kinds of ineligible services," including STD, pregnancy and Pap tests, for reimbursement, the suit says. Cheryl Wetzstein , The Washington Post 03/11/2012 | Read Article: The Washington Post | Wrongful Death | | | Suit Over Fatal DUI Crash in Florida Settled | | A Houston millionaire has reached an undisclosed settlement with a Florida family after killing a Florida man in a drunk driving accident. John Goodman was involved in the accident two years ago, and has been in the news recently after adopting his girlfriend in an attempt to protect his assets. Goodman is facing criminal DUI manslaughter charges. Staff Report, KHOU-TV 03/12/2012 | Read Article: KHOU-TV | Man's Death by Stun Gun Brings Lawsuit in Galveston | | The family of a man who died in Galveston County after being Tasered by police officers has filed a lawsuit against the city, county and makers of the stun gun. Officers reportedly shocked the man while trying to control him during an arrest; shortly thereafter the man fell unconscious and stopped breathing. The suit accuses the officers of using unnecessary force in subduing the victim. Chris Paschenko, Galveston County - The Daily News 03/11/2012 | Read Article: Galveston County - The Daily News | | | | | | Published by TRIALSMITH, Litigation Tools for Trial Lawyers 5113 Southwest Parkway, Suite 285, Austin, TX 78735 You received this email because you are subscribed to this service from your trial lawyers association. • Unsubscribe • Search National Litigation Bank • 800-443-1757 | |