In the medical malpractice arena, the decision whether or not to arbitrate a case is an important one. Going through the arbitration process and allowing the case to be determined by an arbitrator or an arbitration panel, rather than trying the case and allowing the outcome to be determined by a civil jury, can have advantages and disadvantages to both the physician and the patient.
Does the increased scrutiny on drug products for evidence that they cause suicidal thoughts mean that suits seeking damages for such thoughts in drug consumers have a better chance at success? An in-depth discussion.
Recently, the Georgia Court of Appeals affirmed a directed verdict based on Daubert principles in a shoulder dystocia case. The court reasoned that the expert's testimony was 'unreliable' because of improper use of the 'differential diagnosis' method and the fact that he made unsupported leaps from assumed facts to conclusions without evidentiary or medical/scientific support. Here's an analysis of the court's thinking.
In a stunning turnaround today, separate appeals courts in New Jersey and Texas reversed verdicts against Merck from some of the earliest trials involving the now-withdrawn painkiller Vioxx.
Who's doing what; who's going where.
Recent rulings of interest to you and your practice.
The latest happenings for your review.
The parents of the approximately 5,000 children who developed autism symptoms following vaccination who currently have claims filed with the government seeking compensation were given an unexpected shot of hope in March by the news that the government had agreed to compensate one child for vaccine-related onset of autism symptoms.
In mediations involving insurers, lawyers and mediators need answers to unique questions: What kind of insurance exists? Why was it obtained? Do parties perceive it as a 'blank check'? How and when does the topic of insurance come up and who raises it (parties or mediators)? Does it raise unique issues, such as multiple representation, confidentiality and conflicts of interest?
