Bad news for lawyers suing airlines over “economy-class syndrome” (see Dec. 13-14, 2000): an Australian court of appeal has disallowed a test case against Qantas and British Airways over the deep vein thrombosis suffered by a passenger after a long flight. Brian William Povey, a Sydney businessman, “had alleged that flight conditions — including a confined and restricted physical environment, impediments to getting out of his seat, a lack of warning about the risk of DVT, and the supply of alcohol — had caused his injury.” (Peter Gregory, “DVT damages claims in doubt”, Melbourne Age, Dec. 24). The judgment was consistent with a court decision in Britain; a U.S. federal judge in San Francisco, on the other hand, has allowed such claims to proceed (see Aug. 16). Update Sept. 12: high court agrees to review case.
Author Archive
Med-mal roundup
Lack of malpractice insurance is threatening to close the only obstetrics practice in Virginia’s rural and economically depressed Northern Neck region. The closure of Rappahannock General Hospital’s OB unit, which delivers about 250 babies a year, would be “absolutely devastating” to community health, says Albert C. Pollard Jr., who represents the region in the Virginia House of Delegates: “we’d lose a lot of babies if somebody has to drive to Richmond or Newport News.” (Frank Delano, “Crisis presses OB docs”, Fredericksburg (Va.) Free Lance-Star, Dec. 21). “While the governor and Legislature dither over fixing the state’s medical malpractice system, the [Philadelphia] region’s doctors have been voting with their feet,” reports the Philadelphia Daily News. “And they are choosing states that cap damages in malpractice lawsuits — or have other strong reforms to keep malpractice insurance premiums low.” (Michael Hinkelman, “Pa. docs are moving to ‘cap’ states”, Philadelphia Daily News, Dec. 8). Hard numbers on malpractice payouts are often in short supply, but the Missouri state department of insurance has some: it says insurance companies operating in the state “reported paying $135 million to cover 524 claims closed last year”. Self-insured entities, mostly hospitals, “reported paying $6.6 million to close 42 claims, but the actual number of claims and the amount paid may be understated in the data, department spokesman Randy McConnell said. … The average malpractice claim takes more than four years to reach resolution, so the 2002 claims data capture injuries sustained over a period of years. Only 15 of the 566 claims went to a court verdict.” Most of the paid cases involved claims that medical misadventure led to permanent injury or death. (Judith Vandewater, “566 medical malpractice claims were settled in Missouri in 2002”, St. Louis Post-Dispatch, Dec. 4). The American Medical Association rates Missouri a “crisis” state. (M. Steele Brown, “Malpractice ‘crisis’ drives docs from Missouri”, Kansas City Business Journal, May 5).
Update: PetsWarehouse suits
Robert Novak of Long Island has suffered yet another setback in his series of lawsuits against aquarium hobbyists and others arising from criticism of Novak’s business in online forums (see Oct. 5 and links from there). Last month federal judge Denis Hurley granted a motion to dismiss most of the defendants in one of Novak’s actions for lack of personal jurisdiction (case summary at defendant’s site). Update Oct. 16, 2004: Novak prevails in an Alabama action and regains domain.
Holiday break; Vancouver radio
I’ll be enjoying the holiday for the rest of the week, so postings will come either from Ted Frank or not at all. See you next Monday, most likely. Also, I’m scheduled to appear as a guest next Monday (Dec. 29) on the Bill Good show on Vancouver’s CKNW radio, at 11:30 a.m. Pacific time.
Coyote v. Acme
Ian Frazier’s classic New Yorker humor piece on a product liability suit that is truly Looney Tunes (Feb. 26, 1990; at Beebo.org)(book).
How do your holiday parties compare?
Attorney Willie Gary, frequently mentioned in this space (see Apr. 1-2, 2002 and links from there) sent out 275,000 invitations this year to his annual holiday party in Stuart, Fla., a fabulous bash that has been called South Florida’s premiere party; tens of thousands attended (Tyler Treadway, “Liberally distributed, invitations to Gary festival more elaborate each” (sic), TCPalm.com (Scripps newspapers), Dec. 11; “Thousands take part in Gary’s holiday fete”, Dec. 13). Gary had an extra reason to celebrate this year, because a jury on Dec. 12 awarded $18 million to one of his clients, a road builder who said he was defamed by an investigative-journalism piece in the Gannett chain’s Pensacola News-Journal (see Mar. 30, 2001). (“Florida jury awards $18 million to road builder”, AP/First Amendment Center, Dec. 16). (More on case: Jan. 7; appeals court reverses, Oct. 25, 2006)
In Houston, meanwhile, trial lawyer W. Mark Lanier expects 5,000 holiday attendees at his 25-acre estate for what he bills as the “best party in the world”, now in its twelfth year. Lanier, who is noted for buying asbestos items on eBay and in 1998 won a $115 million verdict for 21 plaintiffs in an asbestos case, hired Bill Cosby to entertain the crowd this year; previous years’ talent have included Barry Manilow, Crosby, Stills, and Nash, Diana Ross, and the Dixie Chicks. (Jonathan D. Glater, “Houston Holiday: Barbecue, Al Green and 5,000 Guests”, New York Times, Dec. 15)(fee archive) Incidentally, the Times also reports the following: “‘I support tort reform that gets rid of the garbage cases,’ said Mr. Lanier, who is a Republican. ‘I do not support the medical malpractice reform because I think it hurts the good cases and doesn’t do anything to restrict the garbage cases.'”
UK: “Postman sues customer who sent ‘too many’ letters”
“A postman is taking legal action claiming that he pulled a muscle because there were too many letters in a pillar box.” Alan Pugh claims that George Chryssides, a religious studies lecturer at Wolverhampton University, owes him compensation for posting about 270 envelopes containing a magazine Chryssides publishes for members of the British Society for the Study of Religions, and weighing around 50 pounds in all. “The Communication Workers’ Union is paying for the action and papers have been lodged with Birmingham County Court. Dr Chryssides said: ‘Claims of this kind raise the question of whether people can post their Christmas mail without redress.'” (Nick Britten, Daily Telegraph, Dec. 20)
Infant’s Benadryl death: so many defendants to blame
In August Paula Burcham, who ran an unlicensed day-care from her Lakeland, Fla. home, was sentenced to eight years in prison for giving a lethal dose of the sedative/antihistamine Benadryl to 3 1/2 month old Grace Fields, a child under her care. Now the infant’s mother is suing not only Burcham but also the Eckerd drugstore chain; Pfizer, which makes Benadryl, and a Michigan firm that manufactures a generic version; Polk County, and its health department; and the Florida state Department of Children & Families. (“Mother sues baby sitter, drug maker, drugstore”, AP/Miami Herald, Dec. 22).
Homeless sue against closure of crime-plagued park
In Bakersfield, California, a group of homeless persons are suing to prevent the city from closing International Square Park, which municipal authorities say has become a magnet for alcohol, drugs and crime. The complainants, who are being assisted by a lawyer from the federally funded Legal Services Corporation affiliate Greater Bakersfield Legal Assistance, point out that the park has provided shade and comfort to many homeless people. (“Homeless Files Suit To Prevent Park’s Closure”, KERO-TV, Dec. 19).
Update: Aussie drunk driver loses case
Updating our Jul. 30 report: “A woman has lost a case in which she sued a pub where she had been drinking shortly before she crashed her car. …Justice Gerald Cripps said the defendants did not have a duty of care ‘to protect the plaintiff from the consequences of her own inebriation’.” (“Judge finds against drunk driver who sued hotel”, AAP/Sydney Morning Herald, Aug. 18)(opinion in Parrington v Hotelcorp Pty Ltd & Ors, New South Wales Supreme Court)