Legal News | Omaha Injury Law News

Retaliation in Worker's Compensation

The case of Trosper v Bag N Save sets forth the Nebraska Supreme Court’s acceptance of a cause of action for the retaliatory demotion for the filing of a Worker’s Compensation claim. [7] Focusing on our rationale in Jackson, we conclude thata cause of action for retaliatory demotion exists when an e

By Legal Examiner Staffer

/ 9 Jul 2007

Verdict Against the City of Omaha

A Douglas County District Judge awarded $837,000 to Dorcas Davis, 46. Davis experiences seizures, memory loss and eye movement problems because of the accident seven years ago. The award was made against the City of Omaha for failing to install a stop sign at the intersection of 17th & Burt Street a

By Legal Examiner Staffer

/ 29 Jun 2007

FELA Verdict

A Douglas County Nebraska jury this week ordered Union Pacific Railroad Company to pay $942,000 to a conductor for the knee injuries he suffered after falling on ice in a parking lot of a hotel where Union Pacific had paid for him to stay. For more information on this subject, please refer to our se

By Legal Examiner Staffer

/ 26 Jun 2007

FDA & Vitamins, Herbal Supplements, & others

The Washington Post reports that For the first time, manufacturers of vitamins, herbal pills and other dietary supplements will have to test all of their products’ ingredients, the Food and Drug Administration ordered yesterday.It appears that the new regulation which will not take effect for at lea

By Legal Examiner Staffer

/ 25 Jun 2007

New Jersey case allows minor impact photographs

The New Jersey Supreme Court has allowed photographs of a minor rear end collision to be admitted into evidence on the issue of causation without the need for expert testimony. The battle will continue as to whether photographs showing minor or no damage to vehicle will be admissible to either prove

By Legal Examiner Staffer

/ 15 Jun 2007

Healthcare Quality versus Cost

As reported by the New York Times:In a Pennsylvania government survey of the state’s 60 hospitals that perform heart bypass surgery, the best-paid hospital received nearly $100,000, on average, for the operation while the least-paid got less than $20,000. At both, patients had comparable lengths of

By Legal Examiner Staffer

/ 14 Jun 2007

Healthcare – A Start

Finally a start to the curbing of health care costs. First, the consumer must know the cost of the service, so he or she can make a judgment about that service. Will this curtail costs? Who knows! I believe it is a least a step in the right direction.California’s largest private physician practice h

By Legal Examiner Staffer

/ 29 May 2007

Avandia

As reported in The New England Journal of Medicine, a study shows that rosiglitazone, sold as Avandia by GlaxoSmithKline was associated with a significant increase in the risk of myocardial infarction and with an increase in the risk of death from cardiovascular causes that had borderline significan

By Legal Examiner Staffer

/ 22 May 2007

Nursing Home Abuse Settlement Reported

Life Care Center of Elkhorn has settled a lawsuit that accused it of neglecting its patients and allowing an elderly woman to lie in her own feces for hours at a time after back surgery.A patient developed an infection in her wound during her stay at the Life Care Center of Elkhorn that required sur

By Legal Examiner Staffer

/ 15 May 2007

Car Seat Recall

The Consumer Product Safety Commission is recalling 450,000 Evenflo Embrace infant car seat carriers.The car seats were sold nationwide from December 2004 through last September and are being recalled because the handle malfunctions, releasing unexpectedly.The affected car seats and carriers have mo

By Legal Examiner Staffer

/ 11 May 2007

Continuing Tort and the Statute of Limitations

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

By Legal Examiner Staffer

/ 20 Apr 2007

Medical Malpractice Cases

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

By Legal Examiner Staffer

/ 19 Apr 2007