I apologize in advance for an abbreviated version. Things are ridiculously busy down here. I've even got both of my law clerks so busy that they don't have time to help.
As usual, we’ll start with a brief look at tort "reform".....
The big tort reform story in the news this week seems to be the Victoria Secret thong lawsuit. Thoughts are available from Richmond, Virginia attorney Mike Phelan, Overlawyered, and Above the Law. But the best heading goes to a non-legal website with the post title of "If the thong don’t fit, you must acquit..."
Also, a US Senate Committee heard testimony from a victim of nursing home negligence who discovered the perils of an arbitration agreement.
And an Arizona court has ruled that part of that state’s medical malpractice limitations are unconstitutional.
And on to the personal injury news....
It’s not a lawsuit yet, but Kellogg’s has introduced Lego fun snacks — Lego shaped fruit snacks. I don’t think I’m the only one that thinks this may be a bad idea.
Pharmalot reports that scientific misconduct is prevalent, but not reported.
Staying in the pharmacy arena, Walgreens has agreed to pay $42 million for a drug switching scheme.
Kevin MD reports on a physician who attacked a patient’s husband with a chair. The first question that those of us in Texas would ask, "Would the courts consider this a medical malpractice case? Would be required to file an expert report setting out that the standard of care is to not hit patients with a chair?" Given recent Supreme Court decisions, I think the court’s answer to both would have to be "yes."
Speaking of med mal, MSNBC ran a story this week about medical litter. Apparently that’s the new term of art for stuff that doctors and other medical providers leave in your body.
There was another settlement approved for the victims of the Virginia Tech shooting spree.
And will the next wave of personal injury suits be over golf cart wrecks?
There was yet another settlement from the Rhode Island night club fire.
In an unusual case, a lawsuit was filed in Corpus Christi, Texas. A family filed a wrongful death suit against PetSmart after a man contracted "parrot fever" following the purchase of a PetSmart bird.
In one of the largest e-coli settlements, the family of a 3 year old girl that was exposed to e-coli at a Sizzler has settled her claims for $13.5 million.
Some enterprising plaintiff’s attorney needs to set up shop at the site of the new Dallas Cowboys stadium. Sadly, a worker was electrocuted this week, and that follows a crane collapse that injured three last week.
And finally, for the miscellaneous...
Victoria Pynchon has a great selection of quotes on the necessity of the jury trial.
Have a great week.
Brooks Schuelke
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