Meningitis Lawsuits: Product Liability or Medical Malpractice?

Article: Meningitis Lawsuits: Product Liability or Medical Malpractice?, Insurance Journal via Reuters

Victims of a deadly U.S. meningitis outbreak are starting to sue the physicians and clinics that administered tainted steroid shots, and the success of the suits could hinge on whether judges decide the injections are subject to product liability or medical malpractice laws.

The drug-mixing pharmacy linked to the outbreak, the New England Compounding Center, already faces lawsuits related to the shots, as do its executives. But because the Massachusetts company is relatively small, patients exposed to meningitis are beginning to sue more well-insured defendants.

A 5-Concussion Pee Wee Game Leads to Penalties for the Adults – Tug’s Take

Article: A 5-Concussion Pee Wee Game Leads to Penalties for the Adults, Ken Belson, The New York Times

It took just one play on Sept. 15 to suggest the game between the Southbridge Pop Warner pee wees and their rivals, the Tantasqua Braves, could mean trouble. Two Tantasqua players were hit so hard that their coach pulled them off the field. An emergency medical technician on the sidelines evaluated the boys, grew worried that they might have concussions, and had them take their pads off.

New York Court Weighs Affair as Medical Malpractice – Tug’s Take

Article: NY court weighs affair as medical malpractice, Associated Press via the Wall Street Journal

The attorney for a Long Island family doctor told New York’s top court Wednesday that his client’s affair with a patient was consensual and separate from her treatment, urging the judges to overturn her medical malpractice award for $416,500.

Attorney Norman Dachs argued at the Court of Appeals that Kristin Kahkonen Dupree, who ended up divorced after the nine-month affair ended 2002, initially seduced Dr. James E. Giugliano and then sued him later. His client, an osteopath, was treating her for a gastrointestinal condition, he said, and while his behavior was unethical, it wasn’t medical malpractice.

Never Give Up – Tug’s Take

“Mr. Siegel, can you tell the class the similarities between this case and the one we just discussed, Macpherson v. Buick Motor Company?”

“Um,” I hesitated, positively hating the Socratic method of teaching as I stood up with all eyes upon me. At that moment I had to wonder about the idiot in admissions who’d made the actual decision to accept me to Brooklyn Law School.

“They both involved cars?” My answer was pretty much what you’d expect from a student inadequately prepared for this first day of class. Professor G. didn’t respond to what I’d just said. Instead, his eyes moved across the room, scanning it for a student wearing that I know the answer look.

NFL Needs To Ban The ‘Mild Concussion’ Term – Tug’s Take

Article: Sorting the Sunday Pile, Week 5: NFL needs to ban the ‘mild concussion’ term: Will Brinson, CBSSports.com

Robert Griffin III got hit so hard on Sunday afternoon that he didn’t, according to Mike Shanahan, know what quarter it was or what the score was. It was the third quarter and the Redskins were about to kick a field goal to take a 10-7 lead. Everyone knew that, except the guy with the concussion.

Awareness of brain injuries surges – Tug’s Take

Article: Awareness of brain injuries surges: Drew Joseph, SFGate

Patrick Liang, 11, a student at San Francisco’s Children’s Day School, is recovering from three recent head injuries.

Awareness of the risks of traumatic brain injury, or TBI, has surged in recent years because of the long-term challenges faced by former professional football players and veterans of the Iraq and Afghanistan wars. Now, concern about repeated concussions in sports – particularly among kids, who experts believe are generally more vulnerable to concussions – has helped inspire the first revision to a set of concussion management and “return-to-play” guidelines in 15 years.

Jurors Ponder Verdict in Medical Malpractice Suit – Tug’s Take

Article: Jurors Ponder Verdict in Medical Malpractice Suit : Andy Hoffman, The Hawk Eye

A Des Moines County jury deliberated about three hours Monday but was unable to reach a verdict in a medical malpractice lawsuit against Great River Medical Center and one of its emergency room doctors.

District Judge John Linn released the six-man, two-woman jury at about 5 p.m. with instructions to return to the courthouse at 8:30 a.m. today to resume deliberations.

William “Bill” Thye’s wife, Sharon, and her family filed a lawsuit against James “Toby” Vandenberg and the emergency room staff at GRMC claiming negligence in the treatment of Thye, who died from respiratory failure related to blood clots in his lungs.

“Unaccountable” – Tug’s Take

Article: Exposing the medical ‘code of silence’ : Libby Lewis, CNN

You would think surgeon Marty Makary might have a lot of doctors and hospitals gunning for him.

His new book, “Unaccountable: What Hospitals Won’t Tell You and How Transparency Can Revolutionize Health Care,” is an eye-opening look at the culture of medicine. And it’s not pretty.

Makary describes:

  • Dangerous doctors, who keep practicing because of a code of silence among their colleagues.
  • “Fred Flintstone” doctors, who are woefully behind the times in their skills, but won’t tell you.

Tug This, Tug That – Tug’s Take.

Tug Wyler isn’t your garden-variety lawyer. His take on situations is unique. He’s often brash, sometimes crude, pretty much always unfiltered and by nature anti-establishment, for sure. At the same time he’s always brutally honest and never other than true to himself. A street-smart and fearless justice seeker, Tug gets his thrills busting the chops of those righteous douche-bags who wield too much power. Furthermore, how can you not be entertained by a lawyer so original that in the courtroom he relies on the tingling of his private parts to send intuitive messages to his brain and so shrewd that he stops to listen to them? Readers want to know if he’s my alter-ego. Let me just say that, as a lawyer, Tug pushes the envelope much farther than I ever could or would, and that, as a guy, even though I created him, I have to marvel at what he gets up to.