News & Analysis as of

Maine Workers' Compensation Alert: CMS Guidelines Amended to Accept WCB Settlement Determination of MSA Amount After Hearing on...

The Center for Medicare and Medicaid Services (CMS) update to its Workers' Compensation Medicare Set-Aside (WCMSA) Arrangement Reference Guide provides authority by which CMS will now recognize and defer to a Workers'...more

Defendants: Reject §998 Settlement Offers at Your Peril

Here’s a cautionary tale for all those defense attorneys who don’t take §998 settlement offers seriously enough. In a recent case in San Diego Superior Court, two teenage boys sued an outpatient services provider,...more

Injuries And Emergency Room Visits From Xanax Misuse Skyrocket

As doctors and law makers struggle to reduce the rate of opiate based prescription drugs emergency room visits from alprazolam (Xanax) have increased dramatically. Cases of emergencies from misuse of Xanax ave risen from...more

More Lawsuits Filed Against American Medical Systems, Inc.

American Medical Systems, Inc. (“AMS”) is a Minnesota based manufacturer of transvaginal mesh medical devices, which are support systems that are designed to correct stress urinary incontinence and pelvic organ prolapse....more

Eighth Circuit Affirms Disclaimer Based on Patient Bodily Injury Exclusion

In its recent decision in Volk v. Ace Am. Ins. Co., 2014 U.S. App. LEXIS 6570 (8th Cir. Apr. 10, 2014), the United States Court of Appeals for the Eighth Circuit, applying Minnesota law, had occasion to consider the...more

Missouri Supreme Court Holds Federal Act Does Not Preempt Missouri Law Barring Subrogation Of Personal Injury Claims

In essence overruling a previous opinion from the courts of appeal, the Missouri Supreme Court has held that the Federal Employee Health Benefits Act (“FEHBA”) does not preempt Missouri law prohibiting the subrogation of...more

Apologizing For Medical Injuries...Is It Protected?

Under Florida law a person may make an apology to someone injured in an "accident" or to their family without the apology being admissible in court. Thirty-eight other states have similar laws which are generally referred to...more

Quicky medical-legal exams – How common? How costly to personal injury claims?

We have been following a fascinating and well-written series of articles by New York State attorney Eric Turkewitz, about the ongoing case of a New York orthopedist accused of perjury for lying on the stand about the duration...more

Don’t Have an Advance Health Care Directive? Better Get One ASAP!

You probably don’t want to think about being in a condition that prevents you from making sound decisions about your own health care. However, tragedies can happen in a flash. Maybe you’re involved in an auto accident in Los...more

Minnesota Court Holds Patient Bodily Injury Exclusion Applicable

In its recent decision in Volk v. ACE Am. Ins. Co., 2013 U.S. Dist. LEXIS 15450 (D. Minn. Feb. 5, 2013), the United States District Court for the District of Minnesota had occasion to consider the application of a patient...more

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