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Identifying and Handling a Military Aviation Claim

Galen Bauer February 3, 2017

A military aviation claim is a tort claim – usually negligence – that arises out of an aviation mishap resulting in injury or death to military members or veterans. Defendants are commonly the government, aircraft manufacturers, component manufacturers, maintenance companies, and pilots or the companies who employ them. Claimants are commonly close family members or estates of deceased persons. Only

The Prevalence of Preventable Medical Errors and Why You Should Care

Kay Van Wey December 1, 2016

We cannot ignore the truth. Spoiler alert: preventable medical errors are the third leading cause of death in the United States. The leading cause of death in the United States is heart disease. It claims in excess of 611,000 lives each year and accounts for 25 percent of all deaths each year. There are billions of dollars devoted to research

Cases with Dog Bite Injuries

Chad West December 1, 2016

When a victim has suffered injuries from a dog bite, what remedies does he or she have? You might think that this should have an easy answer, but it does not. Attorneys generally know that there is liability when a dog bites someone for the second time. The real difficulty is in determining what counts as the first bite. The

The Patient Protection And Affordable Care Act – Changing The Practice Of Medicine

Barry E. Lewin August 30, 2016

Medical standards of care are influenced by direct and indirect factors. This article addresses some changes initiated by both The Patient Protection and Affordable Care Act of 2010 (Obamacare) and the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA). The standard of care requires health care providers to act with the knowledge and skill expected of others in the

Pill Mill Litigation 101

Kay Van Wey August 24, 2016

The first time I handled a pill mill case I was 20 pounds thinner, had big permed hair and wore polyester. Back in the day, people didn’t understand much about pill mills, so this type of litigation was a true novelty. However, at long last, the prescription drug epidemic is taking its rightful place in the news and now almost

Second Circuit Rejects General Jurisdiction Based on Consent by Registration

Eric Lindenfeld June 3, 2016

Since the inception of product liability litigation, particularly asbestos and other mass tort litigation, defendants have been subjected to forum shopping. Forum shopping is the practice of filing lawsuits within plaintiff – favorable jurisdictions in the hope of securing increased jury verdicts. Often, these lawsuits are filed in jurisdictions where there is minimal or almost no meaningful connection between the

Medical Malpractice – Another Point of View

Barry E. Lewin May 25, 2016

This article describes some common misperceptions about medical malpractice cases, the lawyers that file them and the expert witnesses who participate in them. It is written from my perspective as an attorney for both the patients and health care providers. Representing patients in medical malpractice cases has never been the path to easy riches it is portrayed to be in

The Stowers Doctrine: Settling for Policy Limits

Chad West May 11, 2016

Imagine you are the representative of an insurance company handling a bodily injury claim. The injured plaintiff has $25,000 in medical expenses. Your insured’s policy has a limit of $30,000. The plaintiff makes a settlement demand for the policy limits. Because you know that $30,000 represents the extent of your company’s liability, you decide that you have nothing to lose

Morning Sickness Drug Zofran Linked to Birth Defects

Kay Van Wey May 11, 2016

Zofran was approved by the FDA in 1981 for treatment of nausea in cancer patients undergoing chemotherapy and post-operative patients. To this day, Zofran has never received FDA approval for use in pregnant women to treat nausea and vomiting of pregnancy (NVP). In 2012, The Center for BirThDefects Research and Prevention published a study that showed women who used Zofran

Whose Fault Is It When A Patient Falls In The Hospital?

Kay Van Wey March 7, 2016

A potential client appears in your office with a familiar story… An aging, but relatively healthy mother lived with her daughter when she had to be admitted into the hospital for an illness. Her daughter remained by her side 24/7. Her mother was due to be released soon and the nurses encouraged the daughter to go home, take a shower,

Personal Injury

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