The fungal meningitis outbreak discovered in Nashville and now spread to other states (Minnesota, Ohio, Florida, North Carolina, Indiana, Michigan, Virginia and Maryland) will shed new light on compounding pharmacies and epidural steroid injections. But it will also shed a light on the tort reform statutes that placed limitations on the…
The fungal meningitis outbreak continues to grow. Five patients have died and over 40 other patients have contracted fungal meningitis, reportedly after each of them received the steroid methylprednisolone acetate compounded by the New England Compounding Center ("NECC"). Each of the patients received the steroid as treatment for chronic back…
The Montana Supreme Court has ordered that a trial court may not order a Rule 35 psychological examination of a personal injury plaintiff who has asserted a typical pain and suffering claim. In Lewis v. 8th Judicial District, OP 12-0401 (Mont. S. C. Sept. 11, 2012) Lewis brought a claim…
The United States Supreme Court has agreed to consider E.M.A. ex rel. Plyler v. Cansler, 674 F.3d 290 (4th Cir.2012), in which the 4th Circuit Court of Appeals said that North Carolina’s one-third cap on the state’s recovery against a Medicaid recipient’s settlement proceeds as provided in its third-party liability…
The 2012 Justice Programs annual seminar has been scheduled. The seminar will once again be held in Knoxville (Nov. 29 and 30), Nashville (Dec. 6 and 7) and Memphis Dec. 13 and 14). Fifteen hours of CLE credit (including four hours of ethics / dual credit) will be awarded to…
The United States Court of Appeals for the Eighth Circuit has ruled that a law firm that was admittedly aware of an ERISA subrogation interest and disbursed settlement funds from a third-party claim to its client could not be held personally liable for failure to pay the funds to an…
The Connecticut Supreme Court has ruled that a landlord may be held liable for injuries caused by vicious dogs owned by its tenant. In Giacalone v. Housing Authority of the Town of Wallingford, No. SC 18669 (Conn. Sept. 18, 2102), plaintiff tenant sued defendant landlord for injuries sustained after plaintiff…
The Spring 2012 edition of FDCC Quarterly has an article titled "Best Practice for Defense of Corporate Depositions." The article is written by a Senior General Attorney for BNSF Railway Company, Mr. Thomas R. Jayne. Those of us who are usually take depositions of corporate representatives will find the thought…
The 6th Circuit Court of Appeals has ruled that functional magnetic resonance imaging cannot be used in a criminal case to prove that the defendant’s denials of wrongdoing were true. Defendant wanted to introduce evidence of the fMRI to prove that he was telling the truth in his criminal trial…
Almost four years ago Tennessee adopted a requirement lawyers filing medical malpractice (now called health care liability) lawsuits must file a "certificate of good faith." Under the current version of the statute the certificate must be filed with the complaint. The Tennessee pre-suit notice statute can be found at T.C.A.…