Personal Injury Roundup No. 70 (3/12/10)

Reform, Legislation, Policy

• IL:  Republican state legislator introduces a constitutional amendment which would allow the legislature to cap medical malpractice damages.  The measure could reach the voters in November.  (LegalNewsline)  However, the head of the IL Civil Justice League does not expect the issue to reach the voters this fall.  (LegalNewsline)
• The Pop Tort on punies.  (The Pop Tort)
• MI:  RAND study on auto insurance rates.
• Ron Miller on dram shop liabilty.  (The Maryland Injury Lawyer Blog)

New Lawsuits

• WV:  A McDowell County woman sued a local hospital and doctors for med mal over the death of her husband.  She alleges that after a tumor was discovered, surgery was needlessly delayed and, even after a pathology report determined the tumor was cancerous, one of the doctors refused to believe it.  (The West Virginia Record)
• VA:  A $1M defamation suit against a prominent advocate of child immunizations was dismissed by an Alexandria, VA federal district judge.  The judge ruled the defendant’s statement “she lies,” made about an anti-vaccination advocate, was not actionable.  (VLW Blog)

Appeals

• SCOTUS to decide if compensation law bars vaccine suits.  (ABA Journal)

Damages

• Appeal of verdict in excess of $105,000,000 for brain damages from med mal results in recovery of $5,357,000.  (Hochfelder/New York Injury Cases Blog)

Miscellaneous

• John Day offers a list to determine whether a person is an employee or independent contractor.  (Day on Torts)
• George Conk on the plaintiff-funded research debate.  (Otherwise) 
• Eric Turkewitz’s “Linkworthy” edition.  (New York Personal Injury Law Blog)

Thanks to Mark Behrens and Bill for material this week.

–CJR