Judge Helen Toor said Wednesday that she will push to have longstanding cases involving alleged priest sexual abuse and malpractice by a Burlington eye doctor resolved during her stint as presiding judge at Chittenden Superior Court.Read the full article on BurlingtonFreePress.com.
Aug 10, 2009
Vermont Judge Pushes Mediation for Outstanding Cases
The Burlington Free Press reports that...
May 17, 2009
Vermont Family Is Awarded $1 Million for Death
According to a report in the Concord Monitor,
"The family of a Vermont woman who died following complications from her treatment at Dartmouth-Hitchcock Medical Center was awarded nearly $1 million by a federal jury this week in medical malpractice and wrongful death awards."The case was related to complications from an improper IV.
May 10, 2009
In Vermont, Personal Injury Does Not Include Pet Injury
The Vermont Supreme Court affirmed on May 8, a lower court decision not to introduce non-economic damages, such as pain and suffering, into pet litigation.
In its ruling, the court explained that emotional damages are rarely permitted for injuries to others and generally not available for the loss of many close relatives. Therefore, even though pets have special characteristics as personal property and that people have unique emotional attachments to their pets, the court would not expand the law to provide recovery options for pets that are not available in many human-human relationships. To rule otherwise, the court stated, would be "a dramatic alteration to the law."
The Vermont Supreme Court joins a long line of state courts reaffirming the longstanding legal principle that emotional harm damages are not allowed in litigation over pets. In the past few years, state supreme and appellate courts in nearly thirty states have reaffirmed that emotional loss in pet injury and death cases is not compensable under any legal theory. In addition, a 2007 Gallup Poll found an overwhelming majority (63%) of Americans, including pet owners, said that pet owners should only be entitled to actual economic damages, and not pain and suffering-type awards.
See more details from Animal Health Institute.
In its ruling, the court explained that emotional damages are rarely permitted for injuries to others and generally not available for the loss of many close relatives. Therefore, even though pets have special characteristics as personal property and that people have unique emotional attachments to their pets, the court would not expand the law to provide recovery options for pets that are not available in many human-human relationships. To rule otherwise, the court stated, would be "a dramatic alteration to the law."
The Vermont Supreme Court joins a long line of state courts reaffirming the longstanding legal principle that emotional harm damages are not allowed in litigation over pets. In the past few years, state supreme and appellate courts in nearly thirty states have reaffirmed that emotional loss in pet injury and death cases is not compensable under any legal theory. In addition, a 2007 Gallup Poll found an overwhelming majority (63%) of Americans, including pet owners, said that pet owners should only be entitled to actual economic damages, and not pain and suffering-type awards.
See more details from Animal Health Institute.
May 9, 2009
Carbon Monoxide Lawsuit Is Settled
According to this article in the Burlington Free Press, Vt. victims settle carbon monoxide lawsuits. They include a wrongful death lawsuit filed by the family of a man who died of carbon monoxide poisoning, and a personal injury lawsuit filed by the girlfriend of the man. The death occurred at the Redstone Apartments near UVM in early 2005.
For more information, see the full article.
For more information, see the full article.
Mar 6, 2009
Personal Injury Settlement - University of Vermont
This via The Burlington Free Press:
"University attorneys agreed to pay $325,000 to Maria Dezotell of Jericho, whose husband, Lyman, 44, was killed as he drove from the Northeast Kingdom to work at IBM in Essex Junction with two colleagues."According to the report, the plaintiffs claimed that a:
"UVM research team acted negligently by allowing a man involved in testing buprenorphine, a drug to treat heroin addiction, to drive home after taking a dose."See details and full article at: University of Vermont Lawsuit.
Mar 3, 2009
Eye Doctor Cleared of Malpractice
BURLINGTON, VT — The Burlington Free Press carries this story of a Chittenden Superior Court jury clearing a Burlington eye doctor of medical malpractice and fraud after a three-week trial regarding a lawsuit by a patient who claimed "unnecessary cataract surgery." For the full article, click on: Jury Clears Ophthalmologist.
Feb 5, 2009
Food Safety: Product Liability - Vermont Couple Sues over Salmonella Outbreak
The Associated Press is reporting that the South Burlington, Vermont couple suing Peanut Corporation of America over the nationwide salmonella outbreak will also sue Kellogg Co., their attorney said yesterday.
In a related story in the Chicago Tribune, Sen. Patrick Leahy of Vermont says food producers responsible for "widespread, deadly outbreaks of disease should face jail time, not just fines... Leahy said some food makers won't take federal and state health rules seriously without tougher penalties. According to Leahy: 'Fines won't do it.' "
In a related story in the Chicago Tribune, Sen. Patrick Leahy of Vermont says food producers responsible for "widespread, deadly outbreaks of disease should face jail time, not just fines... Leahy said some food makers won't take federal and state health rules seriously without tougher penalties. According to Leahy: 'Fines won't do it.' "
Jan 12, 2009
What's average medical malpractice claim paid in Vermont?
The average amount for a medical malpractice claim paid in Vermont is $352,750. This according to statistics compiled by The Henry J. Kaiser Family Foundation, whose statehealthfacts.org web site lists this 2007 number for Vermont. It also list $3,527,500 as the total paid in 2007, so we can interpolate from that that there were 10 paid claims in 2007.
The web site offers comparative statistics on medical malpractice claims paid in all 50 states. Leading the pack in total dollars paid is New York state with $674,683,750 (an average of $441,547 per claim paid). For more information, see the Kaiser web site, click on: med mal claims paid data.
The web site offers comparative statistics on medical malpractice claims paid in all 50 states. Leading the pack in total dollars paid is New York state with $674,683,750 (an average of $441,547 per claim paid). For more information, see the Kaiser web site, click on: med mal claims paid data.
Dec 19, 2008
Vermont Jury Awards $800,000 for Failure to Monitor Coumadin in Medical Malpractice Wrongful Death Lawsuit
Vermont Jury Awards $800,000 for Failure to Monitor Coumadin
A Franklin County jury returned on October 30, 2008, a $800,000 verdict in a medical malpractice lawsuit to the family of a woman who died while on the blood thinner Coumadin for a history of deep vein thrombosis and a heart condition. Patients on Coumadin require close monitoring of their blood's ability to clot by a test called an INR. Her doctor failed to properly monitor her INR values and as a result, Mrs. Stone's blood became too thin, depleted of clotting factors, and susceptible to uncontrolled bleeding. After grazing her ear, she became unresponsive and was taken to the hospital where her INR was found to be 12.29, a dangerously high level. (The target therapeutic range was 2 to 3.) A CT scan revealed that she had suffered a massive intracranial hemorrhage which caused herniation of her brain. Attorney for the plaintiff was Chris Maley of Sylvester & Maley, Burlington, Vermont.
A Franklin County jury returned on October 30, 2008, a $800,000 verdict in a medical malpractice lawsuit to the family of a woman who died while on the blood thinner Coumadin for a history of deep vein thrombosis and a heart condition. Patients on Coumadin require close monitoring of their blood's ability to clot by a test called an INR. Her doctor failed to properly monitor her INR values and as a result, Mrs. Stone's blood became too thin, depleted of clotting factors, and susceptible to uncontrolled bleeding. After grazing her ear, she became unresponsive and was taken to the hospital where her INR was found to be 12.29, a dangerously high level. (The target therapeutic range was 2 to 3.) A CT scan revealed that she had suffered a massive intracranial hemorrhage which caused herniation of her brain. Attorney for the plaintiff was Chris Maley of Sylvester & Maley, Burlington, Vermont.
Nov 23, 2008
Facts on Senior, Fall, Injuries in Vermont
An article in the Burlington Free Press, on seniors and falls includes some interesting Vermont facts on falls...
- "One in five hip fracture patients over age 65 die within a year after surgery, and one in four have to spend a year or more recuperating in a nursing home.
- Falls are the leading cause of catastrophic injury in older adults.
- Among older adults, falls are the leading cause of injury deaths.
- More than 95 percent of hip fractures among those over 65 are caused by falling.
- Vermont has one of the highest rates of death from falls nationwide."
Oct 27, 2008
Vermont Receives $2 Million in Pfizer Settlement
VERMONT — The Barre Montpelier Times Argus carries this story regarding the multistate settlement with Pfizer: Vermont gets $2 million in lawsuit.
According to the report...
According to the report...
"According to the state's complaint, Pfizer's painkiller Bextra had FDA approval for use in treating arthritis and menstrual pain, but Pfizer marketed it for use treating acute pain, pain associated with surgery and for reducing use of narcotic painkillers. The state referred to these as "off-label" uses.Pfizer did not admit to any wrongdoing in the settlement. For more information, click on this link: Vermont's share of Pfizer Settlement.
The FDA pulled Bextra from the market in 2005 due to concerns it increased the risk of heart attacks and strokes. Published reports from the last week show Pfizer also paying $745 million to settle personal injury claims and $89 million for consumer fraud class-action lawsuits, all dealing with Bextra or Celebrex."
Oct 21, 2008
Vermont Readies for Electronic Medical Records
MONTPELIER, VT - This Rutland Herald article, Health records swap said to save money, lives State poised to gain from new medical info exchange, describes Vermont's health information network. According to the report, the Vermont Legislature created Vermont Information Technology Leaders (VITL) in 2005 "to develop a technology plan for the exchange of health information among doctors, hospitals and other health care providers."
Oct 7, 2008
Eli Lilly Settles Zyprexa Inquiries for $62 Million
According to this Associated Press article, Eli Lilly settles Zyprexa inqueries in 32 states, the drugmaker announced a $62 million settlement and agreed to pay 32 states to regarding the company's marketing practices related to its top-selling drug Zyprexa. States attorneys general had accused that Lilly marketed Zyprexa for off-label uses and more... Please click on Zyprexa settlement to read the full article.
Vermont is one of 32 states involved in the settlement.
Vermont is one of 32 states involved in the settlement.
Aug 19, 2008
Vermont Becoming Leader in Captive Insurance Market
A Burlington Free Press article, Captive insurance conference begins in South Burlington, tells the story of Vermont's leadership in the "captive insurance" market.
"A captive insurance company is established, for example, when a corporation develops a subsidiary, which is licensed in Vermont, and uses it to provide various types of insurance to the corporate parent.... Medical malpractice is one of the most quickly growing fields for the industry..."Bermuda and the Cayman Islands are the only two locales that are more active than Vermont in the captive insurance market.
Aug 16, 2008
Q&A: How Do I File a Lawsuit in Vermont for an Injury?
Vermont Law Pertaining To Personal Injury
If you have been injured and are considering filing a lawsuit for personal injury in Vermont, or if you are a Vermont resident who may have a claim in Vermont arising out of an injury suffered elsewhere, the following Q&A offers some introductory information to help you explore a potential lawsuit.
What is the role negligence plays in filing a personal injury lawsuit in Vermont?
Generally, a personal injury action requires an injury sustained as a result of the failure of another to exercise reasonable care under the circumstances. Under Vermont's comparative negligence statute the plaintiff may not recover damages if her negligence exceeds the negligence of the defendant. However, if the plaintiff's negligence is less than that of the defendant, the plaintiff's verdict will be reduced in proportion to the amount of negligence attributed to the plaintiff.
Are there special circumstances related to auto accident injuries and truck accident injuries in Vermont?
The law governing personal injuries resulting from motor vehicle accidents (including auto accidents, truck accidents, tractor trailer accidents, motorcycle accidents and bus accidents) can be found in Vermont's safety statutes and Vermont case law. Generally, drivers are required to exercise reasonable care under the circumstances in their operation of motor vehicles. Violation of Vermont's safety statutes constitutes a rebuttable presumption of negligence.
How long do I have after an accident to file a lawsuit? (What is the statute of limitations in Vermont?)
In order to preserve potential legal rights, contacting a Vermont personal attorney as soon as possible from the date of an injury or death is critical. All states have statutes of limitations which prohibit bringing old claims for personal injury or medical malpractice under certain circumstances. However, even if a person was injured some time ago, she may still be able to bring a claim despite these laws.
Generally, the statutes of limitations in Vermont require that personal injury and medical malpractice claims be brought within three years from the conduct giving rise to the claim, but there are significant exceptions to these laws. Consultation with an attorney specializing in Vermont personal injury lawsuits regarding the nuances of the applicable statute of limitations is important. Generally, the time periods do not begin to run until the injured party has or should have discovered her injury and the fact that it may have been caused by defendant's negligence.
More on Statute of Limitations in Vermont
Cases for wrongful death in Vermont must be brought within two years from the discovery of the death, subject to specific exceptions.
For cases relating to a skiing accident, the statute of limitations is only one year.
This information is adapted by permission from information published by Vermont personal injury attorneys at law firm Sylvester & Maley, Inc. of Burlington, VT. For more information on personal injury law in VT and how to file a personal injury claim, please visit their web site for more details. Speak with an attorney for a free consultation and evaluation of your case.
If you have been injured and are considering filing a lawsuit for personal injury in Vermont, or if you are a Vermont resident who may have a claim in Vermont arising out of an injury suffered elsewhere, the following Q&A offers some introductory information to help you explore a potential lawsuit.
What is the role negligence plays in filing a personal injury lawsuit in Vermont?
Generally, a personal injury action requires an injury sustained as a result of the failure of another to exercise reasonable care under the circumstances. Under Vermont's comparative negligence statute the plaintiff may not recover damages if her negligence exceeds the negligence of the defendant. However, if the plaintiff's negligence is less than that of the defendant, the plaintiff's verdict will be reduced in proportion to the amount of negligence attributed to the plaintiff.
Are there special circumstances related to auto accident injuries and truck accident injuries in Vermont?
The law governing personal injuries resulting from motor vehicle accidents (including auto accidents, truck accidents, tractor trailer accidents, motorcycle accidents and bus accidents) can be found in Vermont's safety statutes and Vermont case law. Generally, drivers are required to exercise reasonable care under the circumstances in their operation of motor vehicles. Violation of Vermont's safety statutes constitutes a rebuttable presumption of negligence.
How long do I have after an accident to file a lawsuit? (What is the statute of limitations in Vermont?)
In order to preserve potential legal rights, contacting a Vermont personal attorney as soon as possible from the date of an injury or death is critical. All states have statutes of limitations which prohibit bringing old claims for personal injury or medical malpractice under certain circumstances. However, even if a person was injured some time ago, she may still be able to bring a claim despite these laws.
Generally, the statutes of limitations in Vermont require that personal injury and medical malpractice claims be brought within three years from the conduct giving rise to the claim, but there are significant exceptions to these laws. Consultation with an attorney specializing in Vermont personal injury lawsuits regarding the nuances of the applicable statute of limitations is important. Generally, the time periods do not begin to run until the injured party has or should have discovered her injury and the fact that it may have been caused by defendant's negligence.
More on Statute of Limitations in Vermont
Cases for wrongful death in Vermont must be brought within two years from the discovery of the death, subject to specific exceptions.
For cases relating to a skiing accident, the statute of limitations is only one year.
This information is adapted by permission from information published by Vermont personal injury attorneys at law firm Sylvester & Maley, Inc. of Burlington, VT. For more information on personal injury law in VT and how to file a personal injury claim, please visit their web site for more details. Speak with an attorney for a free consultation and evaluation of your case.
Aug 15, 2008
Plaintiff's Lawyers Fight Product Liability Lawsuit Restrictions
From the Wall Street Journal, more on the Supreme Court case, Wyeth v. Levine (see previous post), which is to be heard Nov. 3, which will impact lawsuits involving defective and hazardous products. The case centers around:
"Diana Levine, a professional guitarist who lost an arm to gangrene after a receiving a shot to treat a migraine headache in 2000.See the full article here: Plaintiffs' Lawyers Fight Restrictions On Product-Liability SuitsMs. Levine won $6.8 million in her lawsuit against Wyeth, which makes the antinausea drug, phenergan, that was given to her. A Vermont jury and that state's Supreme Court found that Wyeth hadn't sufficiently warned the public and doctors about the drug's dangers if improperly injected.
Wyeth has argued that the company is protected because the Food and Drug Administration had approved its label. The government is supporting Wyeth's position, on behalf of the FDA."
Aug 10, 2008
Case Before Supreme Court Could Benefit Drug Companies in Product Liability Lawsuits
A case being appealed to the Supreme Court is being watched as a potential landmark ruling that would make it easier for pharmaceutical companies to protect themselves from product liability lawsuits according to a post on InjuryBoard.com. The original case was brought on behalf of a Vermont woman (a musician) who won a settlement against Wyeth for losing part of her arm to amputation caused by the drug being improperly injected.
Wyeth claims its product was sufficiently labeled, which included warnings about the potential risk of gangrene if the drug was improperly injected. The company has since appealed the case to the Supreme Court, creating a potential landmark ruling that would make it easier for drugmakers to protect themselves from product liability lawsuits. That’s because the majority of lawsuits against drugmakers involve the same issue, whether or not the company had proper warnings on its label. The Food and Drug Administration (FDA) approve these labels.See article for more information.
Getting Started...
Just setting up this blog as a news collection and archiving resource on Vermont personal injury law, including current headline feeds. More to come. Stand by.
Subscribe to:
Posts (Atom)
Posts
