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.

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.

Ms. 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."

See the full article here: Plaintiffs' Lawyers Fight Restrictions On Product-Liability Suits

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.