| (Letter to Editor) Mike Guajardo: Scales of Justice | The Houston Chronicle ran a letter submitted by TTLA President Mike Guajardo today responding to an op-ed by Hugh Rice Kelly, general counsel for Texans for Lawsuit Reform. Click on the headline to access the letter.
|
Texas Tribune Daily Brief
| | |
| Ebola Cases Could Spur Lawsuits'With Big Hurdles |  | A Texas law puts a $250,000 limit on noneconomic damages related to pain and suffering in almost all medical malpractice cases. Additional economic damages are still possible to recoup lost wages on behalf of a parent, legal or common-law spouse or children. But because Duncan was a chauffeur from a poor, war-torn country who had just arrived in the U.S. and was not working. Many states have instituted malpractice caps. But the facility where Duncan was treated and sent home happened to be the emergency room, which is especially shielded under Texas law. Instead of simply requiring proof of negligence to win, plaintiffs must demonstrate that any negligence in the ER was "willful and wanton." The state Department of Insurance said Thursday that the number of medical malpractice claims fell by 64 percent between 2003 and 2012, and the average payout dropped by one-third.
MATT SEDENSKY and MICHAEL TARM, AP , San Francisco Chronicle 10/24/2014    | | Read Article: San Francisco Chronicle |
| Judge Questions $75M NCAA Concussion Settlement | | The federal judge overseeing a first-of-its-kind head injury settlement with the NCAA expressed serious concerns Thursday about some terms and the vast scope of the $75 million deal that currently encompasses all college athletes going back decades.U.S. District Judge John Lee wondered why sports like rifle teams, golf and swimming would be covered by the proposed agreement along with football, hockey, soccer and other contact sports. Under the settlement, NCAA would toughen return-to-play rules for players who receive head blows. It creates a $70 million fund to test thousands of current and former athletes for brain trauma, and it sets aside $5 million for research. Lee also questioned the most contentious provision of the settlement: Severely concussed athletes would forfeit all rights to sue the NCAA as a group for a single, blockbuster damages payout. They could still sue, but only as individuals.
Associated Press, The Washington Post 10/24/2014 | | Read Article: The Washington Post |
| TX Jury Finds Johnson & Johnson's DePuy Not Liable | | Johnson & Johnson was found not liable by a Texas jury on Thursday in the first case to go to trial over whether Pinnacle hip implants made by the company's DePuy Orthopedics unit were defective. The Dallas federal jury ruled unanimously against the plaintiff Kathleen Herlihy-Paoli, who said the two metal-on-metal Pinnacle hips she received in 2009 were faulty and that the company failed to warn patients and doctors about the device's risks. DePuy had said the implants were improperly positioned, and not to blame for her injuries.
Reuters, Reuters 10/24/2014 | | Read Article: Reuters |
| New Lawsuit Filed Against NCAA Over Student Athlete Wages | | The most recent lawsuit in a string of legal cases against the NCAA was filed this week and alleges violations of the wage-and-hour provisions of the Fair Labor Standards Act (FLSA). The lawsuit filed in U.S. District Court in Indianapolis, the home of the NCAA headquarters, alleges that the association and Division I schools should be paying student athletes at least $7.25 an hour as required by minimum wage standards. The lawsuit compares student athletes to students in work-study positions that pay hourly wages and alleges that student athletes meet the criteria for recognition as temporary employees of the schools. The lawsuit was brought on behalf of all student athletes and seeks back pay for current and former athletes dating back two years and an injunction against the NCAA and Division I schools.
Steve Berkowitz, USA Today 10/23/2014 | | Read Article: USA Today |
| |
