Bodily Injury Blog

Illinois Malpractice Caps Ruled Unconstitutional

Edward Bills — Mon, 08 Feb 2010 21:09:26 +0000

The Illinois law that placed caps on the amount awarded in a medical malpractice lawsuit was ruled unconstitutional by the state’s Supreme Court last week, the Chicago Tribune reported. The ruling is a huge blow to doctors and hospital officials who claim that malpractice limits are a way to keep health care costs from rising even further. The court said the law violates the state’s separation-of-powers clause between the branches of government by allowing lawmakers to interfere with a jury’s right to determine damages. Attorneys defending the law cited other states who the same legislation, but the justices said they were not swayed by the “everyone else is doing it” idea

British and American Troops File Suit Against KBR

Edward Bills — Mon, 08 Feb 2010 21:08:32 +0000

A former British Air Force sergeant has joined a lawsuit in West Virginia that claims that British and American troops were knowingly exposed to a toxic chemical by a government contractor in Iraq in 2003. According to the lawsuit, KBR Inc. knew of the high levels of sodium dichromate, a potent carcinogen, at the Qarmat Ali water-treatment plant months before they informed American and British troops guarding the facility. The lawsuit also claims that KBR officials discussed the exposure in an August 2003 meeting, but kept the site running for another month. The victims suffered from severe rashes and nose bleeds, and some developed tumors.

Calif. Jury Awards $16.5 Million in Malpractice Suit

Edward Bills — Mon, 08 Feb 2010 21:06:50 +0000

A California jury awarded a man $16.5 million in a medical malpractice lawsuit in which a California neurosurgeon was accused of delaying an operation on the man’s spinal injuries, leaving him a paraplegic. According to the lawsuit, Trent Hughes was rushed to Desert Regional Medical Center in Palm Springs in November 2003 with a spine injury. The suit claimed that doctor Christopher Pham failed to examine Hughes until the following afternoon, and put off the surgery to decompress his spine until almost 48 hours after his arrival at the hospital. By the time the surgery was performed, the damages were irreparable, the lawsuit stated.

Family Files Suit Over Fatal Crash

Edward Bills — Sat, 06 Feb 2010 01:13:10 +0000

A 24-year-old man accused of drunken driving was negligent in the death of an Illinois man, a lawsuit filed by the decedent’s family claims. Kevin Benes was killed late last year when vehicle driven by Michael Bourdage crashed into Benes’ car. Bourdage faces two counts of aggravated drunken driving in the crash. The lawsuit seeks at least $50,000 in damages.

Suit Filed Against Principal Who Hit Student With Car

Edward Bills — Sat, 06 Feb 2010 01:11:20 +0000

The family of a Pennsylvania high school student filed a lawsuit this week after their child was struck by a vehicle driven by his principal earlier this year. The lawsuit claims that witnesses saw Margaret Kantes driving well over the speed limit through a red light in front of the high school where she worked. The student she hit, Ricardo E. Smith, suffered a severe brain injury, a fractured pelvis and various other injuries. The lawsuit seeks at least $150,000 in damages.

Utah Woman Hit By Bobsled Files Lawsuit

Edward Bills — Sat, 06 Feb 2010 01:09:58 +0000

A Utah woman who claims she was hit by a bobsled has filed a lawsuit against the U.S. and Utah bobsledding associations. According to the lawsuit, Holly Ball was volunteering at the Utah Olympic Park in Park City, Utah, in November 2007 when she was hit. She claims she was helping people out of a bobsled at the bottom of the track when another sled came barreling down the course unannounced, striking her hard on the legs. The lawsuit says she suffered “injuries to her legs, head, neck, back and shoulders and has post-traumatic stress disorder.”

Suit: Gene Patents Detrimental to Patients

Edward Bills — Sat, 06 Feb 2010 01:08:24 +0000

It is up to a federal judge to decide the fate of a patent lawsuit against Myriad Genetics Inc., which has patented genes that are linked to an increased risk of breast and ovarian cancers. According to the lawsuit, Myriad Genetic refuses to allow anyone else to broadly research the genes, which forces anyone who fears they may be at risk of breast or ovarian cancer to deal with Myriad alone. The test to identify if the genes have specific mutations that could increase the risk for cancer costs as much as $3,000. The lawsuit also contends that the development of treatments are being restricted

Insurer Ordered to Pay Damages for Canceling Coverage

Edward Bills — Thu, 04 Feb 2010 20:34:47 +0000

A Boulder County jury awarded a Colorado woman $37 million in a lawsuit after her health insurance company canceled her coverage following a serious car wreck. Time Insurance Co. had refused to pay Jennifer Latham’s $185,000 in medical bills after the accident because they claim she failed to report a previous visit to an emergency room for shortness of breath. Latham’s lawyer said he was hoping the jury would award her around $7 million and was shocked and pleased to receive such a high verdict.

University President Settles Lawsuit With School

Edward Bills — Thu, 04 Feb 2010 20:33:19 +0000

The former president of South Carolina State University reached an undisclosed settlement with the school after he filed a lawsuit claiming the board of regents “defamed him by falsely accusing him of negligent and or intentional misconduct” during an evaluation that lead to his firing. Andrew Hugine accused S.C. State of breaching his 2005 employment agreement, and sought $1 million from the university. The board had given Hugine a negative review after deciding not to renew his contract in December of 2007.

Wrongful Death Suit Filed in Murder of Philadelphia Man

Edward Bills — Thu, 04 Feb 2010 20:32:14 +0000

The family of a Philadelphia man who was murdered by an illegal immigrant in 2008 filed a wrongful death lawsuit against his killer and the bar at which the victim worked at. Jose Esteban Maldonado-Luzuriaga hit William Sullo III with his car outside of the Salute Restaurant and Bar after the bar, where Sullo worked, stopped serving him alcohol. The suit also names Green Tree Landscape Service, Maldonado-Luzuriaga’s former employer, as a defendant. The wrongful death lawsuit claims that Green Tree knew Maldonado-Luzuriaga was illegally employed and yet was allowed to operate a company vehicle, and that the bar owners were negligent in serving Maldonado-Luzuriaga when he was visibly intoxicated.