Lawsuit Information Center

June 8, 2011

Haro v. Sebelius: Medicare Liens

I’ve written a lot about how personal injury lawyers have to and should deal with medical and other liens. When I go back and look at the web traffic generated by these posts, it typically gets low page views, probably from the same 20 lawyers that read all of our nitty-gritty details on handling personal injury cases stuff.

Not so with Haro v. Sebelius, a new opinion from Arizona that may dramatically alter the relationship between Medicare (and Medicaid, but I lump Medicaid into Medicare for grammatical ease). I think the big difference in the impact of Haro v. Sebelius is something car accident and medical malpractice lawyers are feeling right now.

Here’s the deal in a nutshell. Haro v. Sebelius is a lawsuit filed by two Medicare beneficiaries for whom Medicare benefits were paid for treatment that was ostensibly needed as the result of a car accident. Interestingly, the car accident lawyer in this underlying case is also a named plaintiff.

May 18, 2011

Doctors and Malpractice: The Human Toll on Doctors

by Ronald V. Miller, Jr.

American Medical News writes an article about an important topic: how doctors emotionally deal with malpractice lawsuits. Let’s be honest, medical malpractice lawyers on both sides of the “v” largely ignore this issue.

May 13, 2011

$459 Million Junk Fax Verdict Reversed

by Ronald V. Miller, Jr.

The Georgia Court of Appeals has tossed a $459 million junk fax verdict on Wednesday, finding that the trial judge erred in concluding that the defendant sent 306,000 unsolicited fax advertisements because plaintiffs did not prove the faxes had been received.

Wow, $459 million for faxes? Juries are crazy. Well, actually, this was a bench trial but let’s not ruin the tort reformers narrative. I’m sure all the tort reform folks will pretend that (1) a jury decided this, (2) this was a tort action, and (3) there is a chance this is a collectible verdict against a siding, window, and gutter installation company that was in business between 2002 to 2004.

But, look, I think these junk faxes lawsuits are a little ridiculous myself. The idea of plaintiffs – or frankly their lawyers – getting money because they got a junk fax just seems ridiculous to me. I realize there is an economic burden associated with junk faxes and these claims might not be as petty in the macro picture as their are in the micro-picture. But on some human level, it is a fax, it is a cold call, let’s not get so worked up about nothing.

March 25, 2011

Mississippi High Court on Experts and Collateral Sources

by Ronald V. Miller, Jr.

The Mississippi Supreme Court reversed a directed verdict for a hospital in a nursing medical malpractice action in which the plaintiff suffered IV infiltration – leakage of fluid from an IV into the patient’s tissues from an IV line – and burn injuries.

The directed verdict from the trial court struck Plaintiffs’ expert from testifying as to the standard of care even though the expert had already been accepted as an expert on the nursing care given by the hospital. Had the expert been permitted to testify, she would have testified as to the standard of care for IV infiltrations and that the hospital breached that standard.

The Mississippi high court also make a good call for plaintiffs on the question of the collateral source set off when the amount of the liens/bills have been reduced.

March 14, 2011

New York Car Accident Verdicts

by Ronald V. Miller, Jr.

The average car/truck/motorcycle accident verdict in New York is $837,020, which is stunningly high compared to most other jurisdictions.

Why is this? Are New York jurors just that much more generous than, say, jurors in Maryland?

The answer is that New York’s no-fault accident law requires that plaintiffs suffer a “serious injury” before a lawsuit can be brought against the at-fault driver. While there is some question that having a magical threshold that needs to be crossed is going to be fraught with great flaws, there is no question that this New York scheme, as desultory as the justice it might bring, keeps minor personal injury car accident cases out of court.

What’s my point? My point is that this completely distorts average car accident verdicts in New York. I read Metro Verdicts Monthly and Mealey’s which provide a lot of individual verdicts in car accident cases in Maryland, Virginia, and Washington, D.C. It is amazing how many jury verdicts there are for $10,000 when, if you look at the case, is really not such a bad result. New York has none of these cases deflating their average.

March 9, 2011

Topamax Lawsuit

by Ronald V. Miller, Jr.

Topamax, also known by its generic name topiramate, is an antiepileptic medication developed by Ortho-McNeil Pharmaceutical, a subsidiary of Johnson & Johnson. It was first approved by the U.S. Food and Drug Administration (FDA) in 1996. Initially, Topamax was primarily used for the treatment of epilepsy and seizures, as it demonstrated efficacy in reducing the frequency and severity of seizures in patients.

Topamax works by affecting neurotransmitters in the brain, particularly gamma-aminobutyric acid (GABA) and glutamate. GABA is an inhibitory neurotransmitter that reduces brain activity, while glutamate is an excitatory neurotransmitter that increases brain activity. By modulating the balance between these neurotransmitters, Topamax helps to prevent excessive electrical activity in the brain, reducing the likelihood of seizures.

Topamax Birth Injury Lawsuits

February 24, 2011

Average Jury Verdict in Florida

by Ronald V. Miller, Jr.

Florida Personal Injury Settlement Statistics

According to a not-so-recently published Jury Verdict Research study, the average verdict in a personal injury lawsuit in Florida is $1,732,150. Huge and almost invariably uncollectable verdicts, because of caps on a defendant’s ability to pay, and overturned verdicts inflate the average to a number that is really no longer meaningful. The better measure, the median verdict, was $149,411.

The breakdown of the injuries relative to the verdicts in the study was interesting:

February 21, 2011

Tennessee Verdicts

by Ronald V. Miller, Jr.

California Family Sues Roblox and Google in Gaming Addiction Lawsuit

January 28, 2025: In a new video game addiction lawsuit filed in Fresno County Superior Court, a California family alleges that Roblox Corporation and Google knowingly designed and distributed addictive gaming products that harmed their 11-year-old child. The complaint claims that Roblox employs patented addictive design features such as operant conditioning systems, loot boxes, and microtransactions, which exploit the vulnerabilities of young users. Filed as part of the growing wave of video game lawsuits, this new suit highlights accusations that major tech companies prioritize profits over the health of minors. The family contends that Roblox and Google failed to warn parents of the inherent risks of gaming addiction while actively marketing Roblox as an educational and creative platform. So it should come as no surprise that the child allegedly developed compulsive gaming habits, experienced withdrawal symptoms, and suffered cognitive and social harms. There is no video game class action lawsuit for personal injury claims, so these gaming addiction lawsuits are filed individually against video game companies.

Lawsuit Alleges Addiction Caused “Severe Psychological Harm”

February 14, 2011

Certificate of Merit Requirements in Malpractice Cases

by Ronald V. Miller, Jr.

The Minnesota Court of Appeals decided an interesting medical malpractice case addressing the bar plaintiffs’ malpractice lawyers must clear when presenting a certificate of merit that will survive summary judgment.

November 26, 2010

Obama Gets Stitches from Basketball Injury

by Ronald V. Miller, Jr.

President Obama got 12 stitches after being elbowed in the lip during a basketball game. Who elbows the President of the United States? What an idiot! (Unless, of course, the President tried to drive the lane. In which case, he had it coming.)
I’m bringing a class action against the person who fouled President Obama. I have estimated his time is worth $10 million an hour to the American people. These stitches cost us 45 minutes!