Category Archive: Personal Injury/Wrongful Death

Jun 20

Medical Device Manufacturers May be Fighting More Personal Injury Lawsuits in the Near Future

The 2008 Supreme Court ruling in Riegel v. Medtronic held that if a medical device passed the Food and Drug Administration’s (FDA’s) safety review and received premarket approval, federal law barred common-law state claims that challenge the device’s saftey and effectiveness or whether it was being marketed consistent with FDA premarket approval.  Since this ruling, some …

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Permanent link to this article: http://betweenthenumbers.net/2013/06/medical-device-manufacturers-may-be-fighting-more-personal-injury-lawsuits-in-the-near-future/

May 30

Consideration of Taxes in a Lost Earnings Calculation

Considering taxes in a lost earnings calculation related to personal injury matters may materially alter the damages amount.  In the well-known 1980 Supreme Court case, Norfolk & Western Railway Co. v. Liepelt, the Court ruled that courts should consider taxes and calculate lost earnings net of income taxes.  The Court’s rationale was that the damage …

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Permanent link to this article: http://betweenthenumbers.net/2013/05/consideration-of-taxes-in-a-lost-earnings-calculation/

May 06

$500K in Damages Claimed from Refusal to Use Technology Fallout

In this day and age, technology is surrounding us everywhere and being used by everyone from kids to seniors.  Technology is now being used on airplanes as well to communicate with flight attendants. ABC News, along with other sources, reports that a passenger recently refused to use new airline technology on a Virgin America flight …

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Permanent link to this article: http://betweenthenumbers.net/2013/05/500k-in-damages-claimed-from-refusal-to-use-technology-fallout/

Apr 14

Law and Economics Unite for the Greater Good? In Theory, but Maybe Not in Practice.

A fifth U.S. Circuit Court of Appeals recently upheld Mississippi’s $1 million cap on what Plaintiffs can recover for pain and suffering (aka non-economic damages) in personal injury cases with pharmaceutical product liability.  The jury initially awarded Plaintiff, Ms. Learmonth, a total of $4 million for injuries suffered from a car crash with a Sears …

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Permanent link to this article: http://betweenthenumbers.net/2013/04/law-and-economics-unite-for-the-greater-good-in-theory-but-maybe-not-in-practice/

Mar 21

Lost Compensation Settlement Tool Allows You to Assess Economic Damages Accurately and Efficiently

Lost compensation is a method of capturing economic damages in personal injury, medical malpractice, wrongful termination, failure to promote and other similar torts.  Independent damages experts are often employed to calculate lost compensation because of their unique background/skill set.  However, the desire to minimize costs means that these experts are often employed after settlement efforts …

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Permanent link to this article: http://betweenthenumbers.net/2013/03/lost-compensation-settlement-tool-allows-you-to-assess-economic-damages-accurately-and-efficiently/

Jan 29

Personal Injury Lawsuits Against NFL Will Increase if Junior Seau’s Family is Successful

With the SuperBowl coming up next weekend and many players suffering from some sort of injury sustained during the season, the recent wrongful death lawsuit filed by the family of former pro football star Junior Seau may be getting more media coverage than usual.   Junior Seau retired from pro football in 2010 and committed suicide …

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Permanent link to this article: http://betweenthenumbers.net/2013/01/personal-injury-lawsuits-against-nfl-will-increase-if-junior-seaus-family-is-successful/

Jan 24

How much money would Hulk Hogan make for the rest of his life?

If Hulk Hogan successfully proves his medical malpractice lawsuit against the Laser Spine Institute, we should find out the answer. Mr. Terry Bollea (aka Hulk Hogan) recently filed a lawsuit which alleges, among other things, that the Laser Spine Clinic performed unnecessary surgeries on Hulk Hogan over an 18-month period.  Hulk Hogan alleges these excessive …

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Permanent link to this article: http://betweenthenumbers.net/2013/01/how-much-money-would-hulk-hogan-make-for-the-rest-of-his-life/

Jan 15

Sometimes it’s the reputation, not the money

When a nursing home faces alleged medical malpractice, it may often be the case that the individual lawsuit is not the biggest economic problem it faces.  The Rainbow Beach Nursing Center in Chicago is currently defending itself against a wrongful death lawsuit.   Two doctors caring for Sonia Eli at the nursing home each filled out …

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Permanent link to this article: http://betweenthenumbers.net/2013/01/sometimes-its-the-reputation-not-the-money/

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