The House of Representatives is trying to limit the right of tort victims again. This time, the effort is to give even greater power to holders of ERISA subrogation interests. The House has passed a pension bill (H.R. 2830) that included this language: “(a) In General- Section 502(a) of the…
This is not a new opinion, but I came across it recently and thought it was worthy of mentioning here. It sets forth the elements that must be proved in a medical monitoring case under West Virginia law. The plaintiff must prove that: “(1) he or she has been significantly…
A new opinion by the Western Section Court of Appeals in a personal injury case has me scratching my head. The male plaintiff King was hurt in a car wreck. He claimed damages for loss of earning capacity. He was self-employed in the limestone business and his earnings history in…
The United State Supreme Court has agreed to hear a case concerning an ERISA plan’s legal right to sue a plan participant for reimbursement. As John Wood explains, “This important issue typically arises when an ERISA health plan pays medical bills for an injured participant. If the participant recovers from…
When you can’t prove a current injury but can prove that, because of the fault of another, you need to be regularly followed by a health care provider you seek damages for “medical monitoring.” The claim arises is toxic tort and products liability cases. In a case of first impression,…
Another state has ruled tht a plaintiff “may present to the jury the amount that her health care providers initially billed for services rendered” rather than the amount paid by the plaintiff’s insurer. The case is Arthur v. Catour; read the opinion of the Illinois Supreme Court here. The decision…