And so it ends. The Personal Injury Law round-up now appears to be dead. Again.

I started doing the round-ups on February 28, 2007. The first one didn't have a number, since I didn't know if I would continue it. But I enjoyed the challenge of scouring the personal injury blawgosphere to see what was out there. And I learned two valuable things:

• When you do round-ups, people on the web find you since you are busy throwing about links left and right;
• Doing round-ups makes you a better blogger, since you read the posts of others with a far more critical eye. It's an excellent way to learn good blogging technique.
  

But I stopped the round-ups on November 16th on my first year blawgoversary, because the round-ups meant less time for other posts. There are, after all, only so many hours in a day. I wrote at that time,

The Personal Injury Round-Up that I have been doing is now kaput. It was fun while it lasted, but very time consuming to do on a regular basis...I hope to spend more time on individual stories and, hopefully, occasionally write stories that are not yet in the press.

But lo and behold Brooks Schuelke, stepped into the void, picked up the ball and ran with it. Until today. Brooks has also realized that, while these may be fun to do on an occasional basis, it's tough to do week in and week out. He wrote today:

...the Round-Up has taken on a life of its own. Even with the help of a law clerk, I spent most of my blogging time looking for Round-Up stories at the expense of the more in-depth posts that I previously enjoyed. So after much thought, I'm not going to return to the Round-Up. I have really enjoyed the Round-Up, but I think it's time to move on.

And so there it is. Unless, of course, someone else sees an opportunity to create value on their blog while at the same time making themselves known in this niche. Maybe, perhaps, the round-up is only on life support? Perhaps someone else will step out of the shadows to embrace the project for a few weeks time, 'til it passes to yet another? Only time will tell...

(And I never did figure out if it should be round-up, roundup or round up. I've probably been screwing that up for a year and a half.)
---------------------------------------
Updated! And just like that, new life is breathed into the almost-still body of the round-up by TortsProf Bill Childs and his merry band of professorial bloggers! Click here for the official audio annoucement.

Labels: Personal Injury Law Round-Up

Why Winners Win: Decision Making in Medical Malpractice Cases (Linda Crawford, J.D., Journal of American Academy of Orthopedics) (via Mary Whisner);

New York's Appellate Division, First Department carves out an excepton to the general rule of granting summary judgment against the second car in a rear-end collission: If the lead car is double-parked, the court won't grant summary judgment even if the driver of the trailing
car falls asleep at the wheel. The case is White v. Diaz (Via Thomas Swartz, NY Legal Update);

Who owns the blog if you are a partner at a firm? (Francis Pileggi);

Blawg Review #144 is up at Cyberlaw Central by Kevin Thompson with its Lord of the Rings theme.

And Personal Injury Law Round-Up #47 has been posted by Brooks Schuelke.

Labels: Personal Injury Law Round-Up, Random Notes

I'm back from a short vacation and I find once again how quickly blog postings can fill up an RSS reader and how many emails can accumulate.

Thankfully, Brooks Schuelke has a round-up of personal injury posts to get me started with the blogs. It's times like this when round-ups of all sorts are invaluable for keeping up.

Labels: Personal Injury Law Round-Up

Brooks Schuelke is still going strong with the round-ups, showing no sign of slowing down.

Personal Injury Law Round-Up #45 is up and running at his blog.

Labels: Personal Injury Law Round-Up

Despite being knee-deep in trial, Brooks Schuelke comes through with another edition of the Personal Injury Law Round-Up. Now that's dedication.

Labels: Personal Injury Law Round-Up

Personal Injury Law Round #43 is up at Perlmutter & Schuelke. And despite the claims of limited time due to an impending medical malpractice trial, Brooks Schuelke still manages to put up 20+ blog postings on our favorite subject.

Labels: Personal Injury Law Round-Up

Personal Injury Law Round-up #42 is up, as Brooks Schuelke is up to the task of finding PI legal news in a very slow news week.

And here is one more (that appeared after Brooks did his round-up):

A lawsuit about Starbucks serving hot coffee to a baby (The Consumerist).

Labels: Personal Injury Law Round-Up

Personal Injury Law Round-Up #41 is up at Perlmutter and Schuelke. As always with great links, and a particular emphasis this week on tort "reform" and attorney advertising.

And now a great challenge ahead...how will Brooks Schuelke find enough links during the two holiday weeks ahead?

Labels: Personal Injury Law Round-Up

Personal Injury Law Round-Up #40 is up at Perlmutter and Schuelke, with some great links on tort "reform," litigation and Supreme Court news, among the picks.

Labels: Personal Injury Law Round-Up

Personal Injury Law Round-Up #39 is up at Perlmutter & Schuelke, with another great collection. Seventeen different stories dead on point plus a half dozen unrelated fun and interesting things tossed in for good measure.

Labels: Personal Injury Law Round-Up

Personal Injury Law Round-Up #38 is up at Perlmutter & Schuelke. So while the ABA chooses to ignore the field of personal injury law, Brooks Schuelke shows that it's blawgosphere is as vibrant as any other, with an ever-expanding array of law, policy and links.

Labels: Personal Injury Law Round-Up

As readers know, I stopped doing the personal injury law round-ups because it was too much to sustain for one person on a weekly basis if I also wanted to write about other stuff (and have a law practice).

So thanks to Brooks Schuelke, who has picked up the ball to run with it. In this abbreviated week, he did a great job right out of the box and also introduced me to blogs I've never seen.

So head over to Personal Injury Law Round-Up #37. And please, if you have your own blog, let your own readers know with a link. Those links are a small thank you for the time that was put in creating the round-up.

If others would like to take a turn spinning around the PI blogosphere one week, or be part of a weekly rotation, please let me know. You can email me at Blog [at] Turkewitzlaw.com

Labels: Personal Injury Law Round-Up

The New York Personal Injury Law Blog presents the final edition of the Personal Injury Law Round-Up, as a couple of changes are being made as I hit my first year anniversary...

We'll start with the issue of tort "reform":

In a resounding victory for patients, an Illinois court found that a tort "reform" damages cap is an unconstitutional violation of due process and equal protection by artificially limiting what medical malpractice victims can receive for their pain and suffering. Mark McKenna has more with a link to the decision; And Justinian Lane at TortDeform explains that the failure of this "reform" made no difference for an insurer's decision to stay in the state;

[Edit - 11/19/07: In an email to me, Robert Peck of the Center for Constitutional Litigation, who argued the case, alerted me that the decision was ruled unconstitutional based solely on separation of powers issues. It was therefore unnecessary to reach the other issues.]

John Day gives some statistics from Tennessee on medical malpractice suits, settlements and more, in the context of why further tort "reform" is not necessary;

Ron Miller discusses how non-economic damage caps may be considered discriminatory toward women;

Justinian Lane at TortDeform follows the Texas story of tort "reform," to find out who benefited, and who didn't;

At TortsProf, guest blogger Chris Robinette discusses the efforts in Arizona to kill off as many emergency room negligence cases as they can by raising the standard of proof to "clear and convincing evidence;"

Kanye West's mother died during cosmetic surgery in California, and Hans Poppe wants to know if he would be able to find a medical malpractice lawyer to investigate if he wanted to because, you guessed it, tort "reform" that caps damages;

Also at TortsProf, Robinette finds a notebook from a student of William Prosser (Prosser on Torts) has surfaced, with some of the legendary professor's thoughts.

And into litigation:

Not in suit yet, but...Nine children were hospitalized after eating Aqua Dots that used a toxic glue, according to The Consumerist. The product came from China, naturally.

John Day and on the discoverability of insurance policy limits (which is standard disclosure in New York);

Bill Childs on a suit against the KKK for the beating of a man, with the announced purpose of putting the Klan out of business;

Bill Marler discusses the lame excuses Cargill is giving for distributing contaminated beef;

From the land of settlements: Drug and Device Law has more on the Vioxx settlement and expands upon a subject I mentioned in my marathon Blawg Review #134 (discussed just after the 21 mile point), that being the impact of those that choose not to settle, which are likely to be the more substantial cases. And as Ed Silverman points out at Pharmalot, the settlement is only for U.S. claimants. Ted Frank has a good round up of analysis on the potential problems spots at Point of Law; And Howard Erichson reports on a plaintiffs-only conference to discuss the settlement;

From the miscellaneous category: New York State practitioners should take note of a reversal in Raffellini v. State Farm regarding the issue of whether a "serious injury" threshold applies to supplemental insurance. No Fault Paradise has the scoop;

And finally:

• Dr. Wes on why medical errors are good for you;
• An animated cartoon about aging baby boomers that has absolutely nothing to do with personal injury law;
• And the New York Personal Injury Law Blog ends these round-ups on a sad note, for we did not get an invite to Mark Lanier's annual holiday bash.

(Eric Turkewitz is a personal injury attorney in New York)

Labels: Personal Injury Law Round-Up

The New York Personal Injury Law Blog brings you the week that was:

We start with pre-litigation issues:

I've covered Texas with some frequency recently (see: Texas Tort "Reform" and the New York Times, Round-Up #31, Round-Up #33). And so, following up, a Houston Chronicle article discusses a lot of doctors angry at the state's medical board for its aggressive investigations, which started when Texas also granted some immunity for negligent conduct with its tort "reform" (via Kevin, M.D.). The number of disciplinary actions brought against physicians has nearly tripled since 2001.

And since we're starting with the Lone Star State, you might as well check out Texas medical-blogger GruntDoc writing on one of his favorite topics, "defensive" medicine that is actually good care. The cardiac death of a 33 year old man waiting for hours in the ER without tests tends to put things in sharp focus. Don't miss the comments;

The Boston Globe ran a piece last Friday on the efforts to curb medical malpractice in Massachusetts;

The New York Times Blog ran a piece on the emotional toll of medical malpractice victims, raising once again the issue of doctors saying they are sorry (via Ben Glass);

As the story of beef tainted with eColi continues to grow, Bill Marler tells us that not only are the Canadians having problems with the same beef, but the left hand of the Canadian government doesn't know what the right hand is doing (are we exporting bureaucrats in addition to beef?);

From bad beef to bad products, the Consumerist says over 14 million products have been recalled due to lead contamination so far this year;

Two stories from the I'm Sorry Department: Jacob Goldstein at the WSJ Health blog asks, Does Medical Liability Mean Never Saying You're Sorry? While The Medical Quack reports on the flip side: An actual apology from a hospital for its medical malpractice;

The myth of arbitrary medical malpractice verdicts continues at White Coat Notes (via Kevin, M.D.) despite research that shows juries actually favor doctors and that plaintiffs rarely win a weak case. Nevertheless, even in the face of empirical evidence, we should expect immunity-seekers to continue propagating the myth of frivolous litigation;

Medtronic heart defibrillator leads were in the news last week after a recall (Personal Injury Round-Up #34), and this week again on the front page of the WSJ. Cardiologist-blogger Dr. Wes discusses the ramifications;

And in my own neck of the woods, disbarred New York personal injury attorney Richard Boter pleads guilty in court to stealing $148K from clients, a result that came out of the New York District Attorney's probe into the use of runners to recruit clients (see previously: New York Personal Injury Attorney Probe Catches Another Ambulance Chaser);

And in to litigation we go:

The family of a 12 year-old New Yorker has filed a $25M Notice of Claim (notice of an intention to sue) against the City of New York for releasing the MRSA (a drug-resistant staph infection) infected boy from the emergency room of a city hospital, who later died. The amount, by the way, is well in excess of anything the judiciary would allow even if awarded by a jury. And 10,000 hand sanitizing pens are about to get distributed to city school kids in a sign of deep worry and possible panic regarding the MRSA infections;

A trial lawyer reflects on being called for jury duty;

An Arizona doctor accused of medical malpractice when three different people died during or after liposuction, has fled, according to Ron Miller;

Returning to Bill Marler, he is less than amused when Nebraska Beef, defending itself for selling eColi contaminated meat, decides to sue a church that served its tainted product;

Jeremy Colby reports on the growing body of law regarding the constitutionality of the Graves Amendment (granting immunity to auto renting and leasing companies from vicarious liability) with a New York lower court ruling that upholds the law;

Newdorf Legal has suggested questions for experts at depositions (rules in your jurisdiction may vary as what is allowed, but a good list to start with);

On Halloween, Proof & Hearsay reports that an entire jury in a lead paint case came in dressed in judicial robes (via Deliberations);

John Day discusses what happens to the verdict when counsel misbehaves in front of the jury;

A disastrous fire that killed 100 people at The Station nightclub in Rhode Island in 2003, set off by fireworks while the band Great White was playing, has resulted in additional settlements, as per TortsProf Bill Childs;

From the Trial Technology Department, Mac users get a quick tutorial on using Keynote to make blow-ups for the jury at The Trial Technologists View (via The Mac Lawyer).

And finally:

• Blawg Review #132 is up at Home Office Lawyer;
• Grand Rounds, where medicine and law sometimes meet, is hosted at Running a Hospital;
• Insure Blog has the Health Wonk review (anti-Halloween edition), where health and law often meet;
  
• Alan Henderson found some law bloggers dressed up for Halloween;
• Beck/Herrmann celebrate one year in the blawgosphere at Drug and Device Law this week, and they ruminate on life, law and the hard work of blogging;
• The anonymous Editor of Blawg Review posts a list of finalists for Best Law Blog of 2007, which includes two New York-centric Blawgs. The terrific Sui Generis by Nicole Black, and edging her out by a hair for my vote, Scott Greenfield's superb Simple Justice, both sitting there among an impressive bunch of A-list law bloggers. You can vote for them here. Or one of those other people. Scott, of course, doesn't have a chance in hell of winning, so I didn't feel bad voting for him twice, now giving him a three vote total.
  

Enjoy the weekend.

(Eric Turkewitz is a personal injury attorney in New York)

Labels: Personal Injury Law Round-Up

The New York Personal Injury Law Blog brings you the week that was:

Let's start with some pre-litigation issues:

The New York Medical Examiner, under the leadership of long time Chief Charles Hirsch, has rejected the September 11 attack as a cause of death for a 34 year-old retired cop that worked long hours on the pile. There is no lawsuit here, just parents that wants their son recognized as victim of the attack;

Dainius A. Drukteinis (M.D. and J.D.) discussed the legal issues presented when a consultant refuses the request of the ER doc, at NY Emergency Medicine;

Tort "reform" took center state at a Republican presidential debate. Overlawyered's Walter Olson explains how Rudy Giuliani and Fred Thompson squared off against each other;

And since we're on the subject, tort "reformers" like to blame lawyers for "defensive medicine" that increases health care costs, and sometimes the media picks up their talking points. But as Grunt Doc explains after Kevin, M.D. appears on a CBS Evening News report, there is often a reason for that "defensive" procedure;

Ed Van Dorn discusses what happened in New Hampshire after the state instituted a medical malpractice screening system. Did it result in an efficient, time and cost saving method of disposing of claims as tort "reformers" argued would happen? Or did it cause delay, delay, delay (as perhaps, they privately hoped);

Florida dismisses a case against a pharmacy from the family of a teen that OD'd on Oxycontin he got from his college roommate. The drugs had been stolen by a friend of the roommate, and the pharmacy had less than adequate security (via Overlawyered);

Beck/Herrmann discuss a law review article by TortsProf Bill Childs, and broach the subject of litigation driven scholarship. Bill adds some more thoughts at his own place;

Judge Richard Posner tackles Should Hosts Be Liable for Serving Liquor to Guests Who Cause Accidents While Driving under the Influence? The response comes from his co-blogger, Prof. Gary Becker;

Cardiologist Dr. Wes has some thoughts on a recall by heart defibrillator maker Medtronics, due to concerns the lead may tear inside the body: As the advertising by attorneys heats up:

The Newark Star-Ledger has a piece on one of my pet issues: Fake medicine, real problem (via Pharmalot). Why is it a pet issue? Y0u can read the counterfeit drug resource page at my firm's website or click on counterfeit drugs in the sidebar here;

From today's New York Daily News:

A bogus Brooklyn dentist dumped a 71-year-old woman onto the curb like garbage after she began foaming at the mouth and lost consciousness in his chair, police said Thursday.

Zagat's is now rating doctors. Can attorneys be far behind?

And in to litigation we go:

From the Celebrity Lawsuit Department: Tennessee Titans Pacman Jones has been sued for a shooting outside Vegas strip club, according to John Day; Is a Kid Rock lawsuit far behind?

Tainted food guru Bill Marler is no doubt exceptionally busy these days with the outbreaks of eColi. But that doesn't stop him from blogging, in this case regarding the New York Times article on the problems at Topps;

Medical malpractice suits against cruise lines are getting tossed out with some regularity, according to the Wall Street Journal, based on assertions that the cruise ship doctor is not a crew member, but an independent contractor. And since the doctor is not usually American and the malpractice occurred on the high seas, they must be sued in their own country, and often can't be found leaving the victim without any recourse (W$J, ABA Journal synopsis);

Award winning blogger Matt Lerner at New York Civil Law examines the liability issues of a common carrier in New York, as New York's high court rules on the subject;

The Maryland high court tossed out a case by a powerlifter that was injured trying to hoist 530 pounds. At issue, Ronald Miller explains, was the relationship between the concept of assumption of risk for sporting activities, and the allegations that the spotters were negligently trained;

A $30M medical malpractice case was tossed out by a 5-1 majority of the Ohio Supreme Court, due to the conduct of "famously obnoxious" attorney Geoffrey Fieger (via TortsProf);

Ted Frank at Point of Law has a piece on jurors in long trials v. short trials. While his synopsis of a recent study probably won't come as too much of a surprise, it is worth the look;

Settlements are often tricky in personal injury cases, as it is not easy to place a value on an individual's pain and suffering. A new service, according to Ron Miller and Evan Schaeffer, tries to assist.

And finally:

• David Maister hosts Blawg Review #131;
• Blawg Review hosts Carnival of the Capitalists #211, the longest continuing floating carnival in existence;
• Insurance and law meet up in the Cavalcade of Risk, at Hill's Personal Finance;
• Anne Reed has a very scary post about how we pick politicians by the look on their faces, and that has ramifications for jury selection;
  
• Scott Greenfield follows up on the ironic efforts of Dozier Internet Law to protect their clients, when its ludicrous legal claims become fodder for discussion;
• And finally, are you using animation or medical illustrations in your trials? If not, why? Video link from Street Anatomy via Kevin, M.D.
  

(Eric Turkewitz is a personal injury attorney in New York)

Labels: Personal Injury Law Round-Up

The New York Personal Injury Law Blog brings you the week that was:

We start, as always, with pre-litigation issues:

Adam Liptak in his Monday Sidebar column for the New York Times takes on the very high price of Google ads for attorneys, mostly those who deal with personal injury. Cited in the article are blawgospheric regulars Ted Frank, Walter Olson and Prof. William Childs. Oddly absent from the column is any interview with people who actually run the ads;

Following up on the Texas tort "reform" issue in the October 5th Times (see Texas Tort "Reform" and The New York Times and Personal Injury Law Round-Up #32), there are two letters to the editor worth noting: Kenneth E. Raske, President of the Greater New York Hospital Association printed in the Times and Jay Harvey from the Texas Trial Lawyers Association (which the Times apparently declined to run, but is offered via Bob Kraft's P.I.S.S.D.);

And Stephanie Mencimer at The Tortellini points out that of all those docs heading into Texas, none seem to be going to the poor counties, just the rich ones already stocked with docs, with more on the subject from Perlmutter & Schuelke;

Kia Franklin at TortDeform has a piece on the White Coat of Silence, with medical practitioners at health care giant Kaiser Permanente being punished for reporting negligence concerns over their colleagues;

Anne Reed tackles the subject of ferreting out anti-Semitism in voir dire over at Deliberations, fresh on the heels of comments made by David Duke in drag while on the Donny Deutsch show;

Doctor Anonymous reports that a dentist charged with fondling the breasts of 27 women has his defense ready: It was medically necessary (via Kevin, M.D.).

And on to some actual litigation:

A federal judge has allowed suits against airlines to go forward that charge them with causing deep vein thrombosis when a passenger complained of pain from a cramped seat and was denied the opportunity to move to a less-cramped space (Justin Scheck, The Recorder, via Law.com);

New York's high court has refused to recognize the independent tort of spoliation of evidence, according to Thomas Swartz at New York Legal Update;

In Pennsylvania, the Supreme Court said a podiatrist can not testify against an orthopedist in a bunion surgery case, according to Leon Aussprong (M.D., & J.D.) at his new Philadelphia Medical Malpractice Lawyer Blog;

In New York, about 9,000 ground zero workers may be near a billion dollar settlement (Daily News via TortDeform);

That potential settlement comes as the first of the September 11 suits gets set for trial (see: September 11 Judge Says Families Should Settle And Move On) before Judge Alvin Hellerstein, in the Southern District of New York. He made pre-trial rulings on the damages phase for the remaining 16 claims -- which will precede the liability phase in hopes of encouraging settlements -- according to this New York Times report;

Colin Miller makes his Personal Injury Law Round-Up debut with a post at EvidenceProf regarding the suit against Lindsey Lohan, and the admissibility of a police report (I also note that under New York law the result he suggests would likely be different) (via TortsProf):

Last week a jury returned with a verdict of $134.5M in compensatory damages against Wyeth related to its hormone replacement drugs Prempro and Premarin (Personal Injury Round-Up #32). Then the jury said "Oops!" because it had included punitive damages in its award, and so it reduced the award by $100M. And what did they then do in the punitive phase? To no one's surprise, they gave the money right back. (Howard Erichson at MassTorts, with more at Pharmalot);

Emergency room physician Shadowfox ruminates on a $5.4M medical malpractice verdict in the state of Washington over at Movin' Meat, and says his first instinct is sympathy for the doctor, not the family of the decedent (via Overlawyered).

And finally...

• Blawg Review #130 was a twofer this week, with one part coming from Geoff Sharp's Mediator Blah Blah from New Zealand and the other from Diane Levin's Online Guide to Mediation in Massachusetts;
• Grand Rounds is presented by NY Emergency Medicine, often of interest to those following medical-legal issues;
• The Healthcare Economist has the Health Wonk Review;
• One angry Grandma takes the law into her own hands and goes after Comcast, with a hammer; And another wields a gun.
  
• Lastly, Improv Everywhere understands it is legal for men to take their shirts off in public, but how about inside Abercrombie & Fitch? Video at right (via NY Mag)...
  

(Eric Turkewitz is a personal injury attorney in New York)

Labels: Personal Injury Law Round-Up

The New York Personal Injury Law blog brings you the week that was:

Before getting to the lawsuits, let's look at related issues:

From the Department of Medical Mishaps: The Medical Quack lets us know that a man's dentures were lost during surgery, and found a few days later in his throat;

Last week I wrote about Texas tort "reform" and the New York Times article on the increasing number of doctors in Texas. The Times, I asserted, blew the statistics it used regarding increasing disciplinary actions, asserting a mere 8% rise instead of 79%. This was noted by Prof. Bill Childs at TortsProf, who has now started a study of the disciplined physicians to see how many are new arrivals. Prof. Tony Sebok at FindLaw also picked up the story with Does Texas Really Have More Doctors as a Result of Medical Malpractice Reform? Why a New York Times Article Making that Claim Is Seriously Misleading.

This is not the first we've heard about Texas and doctors (nor likely the last), as Prof. Charles Silver wrote in November 2006 at TortDeform: What's Up Doc? Not The Number of Physicians Practicing in Texas, with more discussion in the comments with Ted Frank. As the new doctors get credentialed and set up their practices, we will see, perhaps, if doctors facing troubles in one state pack their bags and flea to Texas, as I think they will due to the various immunities and protections afforded to them for negligence;

A battle over three jailed lawyers in Kentucky related to misappropriating tens of millions in legal fees heated up even more with the discovery that an assistant to one of the lawyers was an FBI mole that tape recorded conversations (ABAJournal). Was the wiretapping ethical will be the next issue, according to the Kentucky Law Review;

Personal injury attorney John Arthur Eaves, Jr is running for Governor of Mississippi, but as MassTorts prof Howard Erichson explains, it isn't on the usual Democratic platform;

As many as 40 doctors, nurses and other hospital employees are under investigation or suspension for leaking information regarding the medical care of actor George Clooney after a motorcycle accident (via Kevin, M.D.). Bob Coffield at Health Care Law Blog tackles the HIPAA violation, as does Orac at Respectful Insolence and girlvet at Tales of an Emergency Room Nurse;

Dr. Wes has information on "fake" medical board certifications, something to keep in mind when checking the credentials of any medical witness that claims to be "board certified;"

And now on some actual lawsuits:

John Bisnar at the California Injury Blog has sued the California Supreme Court regarding its issuance of an unpublished opinion that strikes down a jury award. The suit is premised on a violation of due process and equal protection rights. Days later, Daniel Solove posts, Should Courts Issue Unpublished Opinions? at Concurring Opinions, wondering where the compelling argument is for such things;

Kentucky has sued Purdue, according to Bill Childs, for misrepresentation of the addictiveness of Oxycontin, for the expenses related to treatment;

Sean "Diddy" Combs, rapper, promoter and marathon runner, has been sued in New York with an allegation that his guards beat the stuffings out of a fellow promoter at at a Bronx nightclub (via Sui Generis). The suit claims $5 in damages, though making this type of claim violates New York's prohibition against specific damage claims as per New York's Civil Practice Law and Rules, section 3017(c):

In an action to recover damages for personal injuries or wrongful death, the complaint, counterclaim, cross-claim, interpleader complaint, and third-party complaint shall contain a prayer for general relief but shall not state the amount of damages to which the pleader deems himself entitled. (See also New York Cleans Up Claims Act);

A cop has sued the parents of a brain damaged child (via Jeralyn Merritt at TalkLeft). The child had been pulled from the family pool and the officer was there for resuscitation and slipped on the water. So where is the negligence? Was the family supposed to mop up the water while trying to save the life of their child?

Blackwater has been sued for its activities in Iraq by the Center for Constitutional Rights, also from TalkLeft, for allegedly opening fire on unarmed Iraqis;

A trial against Allstate (PI Round-Up #31) based on improper claims procedures has resulted, according to Kentucky Law Review, in a defense verdict; And blawger Hans Poppe pops up in another interview;

A $143M verdict came in against Wyeth related to increases in breast cancer for those that took hormone replacement therapy Prepro/Premarin (Howard Erichson, Mass Torts); [Update from MassTorts: Jury reduces damages by $100M, as they had included punitive damages in the compensatory award. Punitive damage hearing to follow.]

The Legal Reader notes a Rocky Mountain News story of a Colorado judge that tossed out a $1.2M verdict because, he said, the plaintiff's attorney engaged in "disrespectful cockalorum, grandstanding, bombast, bullying and hyperbole." (Other than that, your honor, how was the show?)

Notorious child killer Joel Steinberg succeeds in getting part of the $15M judgment against him thrown out by New York's high court. (Decision, Launders v. Steinberg). I covered the matter previously in: NY Child Killer Wants $15M Award Tossed -- Decision May Have Wider Repercussions. More commentary by Nicole Black at Sui Generis;

And Evan Shaeffer has a list of upcoming Vioxx trials, for those who are keeping score.

And finally:

• David Harlow puts up Blawg Review #129 over at HealthBlawg, as he explores the best of the blawgosphere;
• The Cavalcade of Risk is up at Robert Laszewski's Health Care Policy and Marketplace Review, taking a look at risk management, that special place in the world where law and insurance come together;
  
• And a YouTube search of "personal injury attorney" returns 879 hits, showing how some are using video to pitch their services, and how others just want to have fun.
  

(Eric Turkewitz is a personal injury attorney in New York)

Labels: Personal Injury Law Round-Up

The New York Personal Injury Law blog brings you the week that was:

Let's start with what's really important. Me. I'm pleased to announce that this blog (and this round-up) has been added to an electronic law library at Western New England College, School of Law via their monthly Cybercites. Thanks to TortsProf Bill Childs (who was also added) for the heads up.

And now off to the races, with a top-heavy helping of tort "reform" pieces from various states:

Ben Glass gives an example of the harshness of Virginia's tort "reform" law that caps both economic and non-economic damages, which sacrifices the most badly injured on the alter of insurance company profits; and Wisconsin's harsh "reform" statute that forces the taxpayers to pick up the tab for repeatedly negligent doctors;

Out of California, J. Craig Williams at May It Please The Court looks at the same tort "reform" issue in California, and the immunity for negligence so many medical practitioners now enjoy;

In Texas, Dr. Forney Fleming, a leading tort "reform" advocate that seeks immunities and protections for defendants and has done the talking head bit on TV for the cause, turns out to have been reprimanded by the Texas Medical Board on one case and accused by the Board of providing substandard care to at least six others. You can get lots of the gory details at TortDeform, The Burnt Orange Report, and Perlmutter & Schuelke, including that he has also been sued at least 14 times and admitted to practicing medicine while drugged up. But hey, you know that it is all really the fault of those darned plaintiffs' attorneys, right? Stay low so the black helicopters don't get you;

Texas tort "reform" also landed on the front page of today's New York Times, with a focus on the huge increase in doctors flooding into the state. But did the Times blow the story on the escalation of disciplinary actions also occurring? I hit that subject earlier today with links to many other bloggers on the subject;

And at Overlawyered, tort "reformer" Walter Olson addresses Fred Thompson's opposition to congressional limits on liability on federalist grounds. Those on my side of the bar may be surprised at Olson's opinion;

Meanwhile, Anderson Cooper this week presented Insurance companies fight law on punitive payouts on CNN, as the industry fights back against a law that punishes them for bad faith. No Fault Paradise ruminates on just how such a law would work;

Moving on to the problems of those injured in accidents, a new report referenced by Stark & Stark, finds that those who have suffered a brain or spinal injury are 33% more likely to file for bankruptcy;

From the Department of Dangerous Crocs: Are the popular shoes dangerous on escalators? A rash of accidents and injuries, reports the Southern California Injury Blog, have been appearing around the nation and could give rise to product liability suits;

We'll need good shoes to climb the ivory tower to visit TortsProf Sheila Scheuerman, who has a useful list of the 10 top downloads in tort and liability law from the Social Science Research Network;

And from the Department of Blown Apologies: Thomas and Friends customers were sent an apology for lead paint in their toys. And a gift!!! Which was painted with...ahem...lead paint. Story at The Consumerist.

And off into litigation we go...

Arkansas prepares a $600M lawsuit against pharmaceutical makers for marketing off-label uses of their goods (Lawsuits and Judgments);

Greedy Trial Lawyer has info Allstate being the "Good Hands People," at least for those that accept their low ball offers, and the trial starting this week against Allstate for fraud. The Poppe Law Firm Blog also has coverage. I previously asked about "Allsnake" here.

Tony Seebok at FindLaw continues with the second of his two-part series on Vioxx and whether class action certification is appropriate (part one is in Round-Up #29 with other Vioxx posts): When Is A Class Action Superior to Multiple Individual Lawsuits?;

When 21 million pounds of ecoli tainted hamburger beef gets recalled, it is time to check in with food poisoning guru Bill