Tort Reform at the Tea Party Presidential Debate

Denunciation of (plaintiffs) trial lawyers is standard red meat for the lions at Republican Party gatherings. Tonight tort reform in medical malpractice cases was declared by Gov. Perry to be  powerful job creation engine.

Just for the record, the Congressional Budget Office (CBO), in a 2009 letter to Senator Orrin Hatch (R-UT) doesn't think there is much gain there:

CBO estimates that the direct costs that providers will incur in 2009 for medical malpractice liability—which consist of malpractice insurance premiums together with settlements, awards, and administrative costs not covered by insurance—will total approximately $35 billion, or about 2 percent of total health care expenditures. Therefore, lowering premiums for medical liability insurance by 10 percent would reduce total national health care expenditures by about 0.2 percent.

The savings would be achieved by a package of reforms:
 A cap of $250,000 on awards for noneconomic damages;
 A cap on awards for punitive damages of $500,000 or two times the award for economic damages, whichever is greater;
 Modification of the “collateral source” rule to allow evidence of income from such sources as health and life insurance, workers’ compensation, and automobile insurance to be introduced at trials or to require that such income be subtracted from awards decided by juries;
 A statute of limitations—one year for adults and three years for children—from the date of discovery of an injury; and
 Replacement of joint-and-several liability with a fair-share rule, under which a defendant in a lawsuit would be liable only for the percentage of the final award that was equal to his or her share of responsibility for the injury.

Early assessment of cancer outcomes in New York City firefighters after the 9/11 attacks: an observational cohort study : The Lancet

Early assessment of cancer outcomes in New York City firefighters after the 9/11 attacks: an observational cohort study : The Lancet: "We reported a modest excess of cancer cases in the WTC-exposed cohort. We remain cautious in our interpretation of this finding because the time since 9/11 is short for cancer outcomes, and the reported excess of cancers is not limited to specific organ types. As in any observational study, we cannot rule out the possibility that effects in the exposed group might be due to unidentified confounders. Continued follow-up will be important and should include cancer screening and prevention strategies.
Funding
National Institute for Occupational Safety and Health."

'via Blog this'

China: Oil spill aftermath tests the legal waters

Changdao oil spill

from China Daily, USA

Oil spill aftermath tests the legal waters: "Victims of marine pollution look to the courts for justice, reports Li Jing from Beijing.

When some of his sea cucumbers showed signs of distress in late June, Xun Shaobin did not expect that the majority of them would soon perish.

The 58-year-old sea farmer from Laoting county, Hebei province, cultivates 4.2 hectares of the marine animals.

"Some sea cucumbers began to turn a yellowish green from their normal black. So I went to other villagers to seek help, only to find out that they were facing the same problems," Xun said.

"We didn't know the cause at that time, nor did we know anything about the oil spills. In less than a month, about 60 percent of my sea cucumbers had died.""

'via Blog this'

NIH researchers: genetic link to mesothelioma

On of the great mysteries is why some people develop an occupational cancer and others, similarly exposed, do not.  Now there are dramatic finding from an NIH study - identifying a genetic predisposition to developing mesothelioma - the asbestos-specific cancer of the lining of the peritoneum and the pleura of the lung.
h/t Jon Gelman - Injured Workers Law & Advocacy Group

Lessons of 9/11 for mass torts

Kenneth Feinberg, special master for the September 11 Victims Compensation Fund will be the featured speaker at a Tuesday September 11  (2:30 PM start) conference at Cardozo Law School on the lessons of 9/11 for mass torts.
The Agenda is here.

2d Circuit reinstates rape victim's award against Erie County

One of the most contentious issues in tort liability of public entities under 42 USC 1983  arises from the Supreme Court’s error in refusing to recognize vicarious liability of municipalities for rights violations by employees.  A plaintiff must prove directly an intentional tort - such as a policy level decision.  Key to this is notice of the risk - which must be knowingly ignored. “Deliberate indifference” is the key word.

In Cash v. Gallivan the U.S. Court of Appeals for the Second Circuit yesterday reinstated a jury verdict awarding $500,000 to a woman who was raped by a corrections officer at the Erie County jail.

The majority opinion by Judge Reena Raggi, joined by District Judge Jed Rakoff (sitting by designation), ruled that a prior incident of alleged sexual impropriety at the jail, coupled with a general awareness of sexual assaults in jails, was sufficient to put the county on notice.

Chief Judge Dennis Jacobs, who has grown very hostile to tort claims dissented.  The ruling, he declared with characteristic hyperbole, would be read to "impose strict liability on municipalities and policymakers for any incidents that arise in a prison."

Cash arose from a 2002 incident at the Erie County Holding Center, where Vikki Cash, who was being held in pretrial confinement, was raped by sheriff's deputy, Marchon Hamilton. Mr. Hamilton was charged with first-degree rape and pleaded guilty to third-degree rape.

Post-Traumatic Stress Disorder From 9/11 Still Haunts - NYTimes.com

Post-Traumatic Stress Disorder From 9/11 Still Haunts - NYTimes.com

Plaintiffs challenge GCCF's OPA compliance filed in BP oil spill MDL | Louisiana Record

Plaintiffs challenge GCCF's OPA compliance filed in BP oil spill MDL | Louisiana Record: "A motion filed in the U.S. District Court for the Eastern District of Louisiana claims that the Gulf Coast Claims Facility (GCCF) fails to comply with the Oil Pollution Act (OPA) in how it administers payments to victims of the 2010 BP oil spill.

Filed by attorneys in the plaintiff steering committee (PSC) in the massive multidistrict litigation (MDL) surrounding the Deepwater Horizon oil rig explosion and oil spill, the suit claims BP uses 'coercive' tactics when dealing with claimants seeking compensation through the GCCF.

The motion asks the U.S. District Judge Carl Barbier, who is overseeing the MDL, to appoint a special master to ensure BP and the GCCF are OPA compliant."

Democrats Break With Obama on Medicaid Lawsuits - NYTimes.com

Democratic Senators and members of Congress have urged the Supreme Court to imply a cause of action by individuals who assert that a state has refused to provide Medicaid benefits to which they are entitled under federal law. Douglas v. Independent Living Center of Southern California, No. 09-958 - GWC

Democrats Break With Obama on Medicaid Lawsuits - NYTimes.com: "In an unusual break with the White House, the Democratic leaders of Congress told the Supreme Court on Monday that President Obama was pursuing a misguided interpretation of federal Medicaid law that made it more difficult for low-income people to obtain health care."

OTHERWISE: IoM: FDA's 510(k) broken; should be replaced | theheart.org

The medical device review process should be scrapped, the Institute of Medicine concludes.

OTHERWISE: IoM: FDA's 510(k) broken; should be replaced | theheart.org