The Nebraska Supreme Court defines the issue of a continuing tort action and its relation to the statute of limitations. We reaffirm our statement in Wischmann and conclude that a claim for damages caused by a continuing tort can be maintained for injuries caused by conduct occurring within the stat
As reported in Reuter’s Health Information, Medical Malpractice cases are usually won by the defendant. When there is any doubt after hearing all the evidence and expert opinions, juries usually return a verdict in favor of the physician, study author Philip G. Peters, from the University of Missour
One doctor’s opinion!America’s health insurance system is sick. The symptoms: high costs, lack of access, declining choice, increasing medical homelessness.[1] The etiology: our dependence on private health insurance. In no other industrialized nation does the majority of people rely on private heal
There have been more pet food recalls. Anyone owning a pet needs to keep following this story as we are seeing more and more recalls. There is at least one class action lawsuit in Chicago which alleges fraud by the pet food provider. The purpose of the fraud allegation is to try and gain punitive da
Our office received an email from Thomas J. Methvin, Beasley, Allen, Crow, Methvin, Portis & Miles, P.C. of Montgomery, AL concerning potential defective tires and seatbelts. See the email below: We have been litigating in two areas lately that may be of interest to you; seat belt failures in heavy
Children’s “Groovy Grabber” Bracelets have been recalled by the U.S. Consumer Product Safety Commission and A&A Global Industries, of Cockeysville, Md. The hazard is paint on the metallic band beneath the decorative cover contains high levels of lead. Lead is toxic if ingested by young children and
The number of pets affected by the pet food recall is growing. Aminopterin has been banned in the U.S. for a half century, once used in chemotherapy. Its side effects are so severe that it was outlawed. In China, though, it’s used as a rat poison. The theory is that wheat gluten exported from china
A small study shows promise for intervertebral disk replacement rather than spinal fusion or artificial disk replacements. Preliminary experience in 5 patients with degenerative spine disease suggests that transplantation of fresh-frozen intervertebral disks preserved motion and stability of the spi
An Indiana man was awarded $8.4 million in damages after he was run over by three train cars and lost his left leg as a railroad worker in October 2004. The verdict was $9.3 million Tuesday against his former employer, Louisville & Indiana Railroad Co., for which the jury found the railroad 90 perce
A verdict was entered against Wyeth in Philadelphia today concerning its Prempro, hormone replacement drug, and the plaitinff’s claim that it caused her to get breast cancer. The Women’s Health Initiative study, sponsored by the U.S. National Institutes of Health, concluded that women who received a
The United States Supreme Court has ruled in NORFOLK SOUTHERN RAILWAY CO. V. SORRELL that the causation standard: “in whole or in part, no matter how small” is the same for the negligence claim brought by the plaintiff and the contributory negligence defense brought by the defendant.