tag:blogger.com,1999:blog-22450803577827827702024-02-20T12:30:26.914-05:00Vermont Personal Injury Law NewsCollecting personal injury law news and trends for state of Vermont including recent and largest verdicts and settlements.M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.comBlogger43125tag:blogger.com,1999:blog-2245080357782782770.post-28298695243777350082014-11-28T10:02:00.000-05:002014-12-01T10:03:59.587-05:00Botox Lawsuit: $6.75 Million Dollar AwardThe Burlington Free Press reports on a $6.75 million dollar award for a jury trial in Burlington federal court brought on behalf of a New York couple whose son was treated with Botox for his cerebral palsy symptoms. The award includes compensatory and punitive damages.
The newspaper writes:
"...a Burlington doctor in 2010 recommended the family inject
Botox as treatment. In an interview with M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-34846057241956575932014-10-27T16:30:00.000-04:002014-12-01T10:22:11.690-05:00Vermont Highway Deaths Down - Vermont Highway Safety AllianceVermont Public Radio carries this story about a significant decline in highway deaths on Vermont highways for 2014. Nina Keck reports that:
"According to the Vermont Highway Safety Alliance, the number of
traffic fatalities is half of what it was a year ago. State
transportation officials aren’t sure why, but they say it may be due to
better and more widely shared data.
By
mid October M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-53273546952974388722014-08-06T18:24:00.001-04:002014-08-06T18:24:50.252-04:00Vermont's Bernie Sanders Exposes Unacceptable Rate of Death in US Hospitals Due to Medical ErrorsPreventable medical errors in hospitals are the third leading cause
of death in the United States, a Senate panel was told on July 14. Only heart
disease and cancer kill more Americans.
“Medical harm is a major cause of suffering, disability, and death –
as well as a huge financial cost to our nation,” Sen. Bernie Sanders
(I-Vt.) said at the outset of the hearing by the Senate Subcommittee M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-71250679996653607232013-11-22T12:40:00.000-05:002013-11-22T12:43:42.811-05:00Two Prominent Vermont Trial Attorneys Start New Law FirmJohn P. Maley and Christopher J. Maley, previously of Sylvester & Maley, Inc. have started a new law firm dedicated solely to personal injury plaintiff law, Maley and Maley PLLC. Areas of practice include:
Personal Injury
Medical Malpractice
Wrongful Death
Auto and Truck Accidents
Product Liability
Recreational Accidents
Nursing Home Abuse / Neglect
Insurance Coverage Disputes
The firm is M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-15505262256012144312013-10-18T16:55:00.000-04:002013-10-18T16:55:00.568-04:00Trial judge Crawford sworn in as Supreme Court justiceNice piece in Burlington Free Press on Judge Geoffrey Crawford being sworn in. I would post the photo, but that would be wrong. Check it out here: Praised for his skills inside the courtroom and out, Judge Geoffrey Crawford becomes a Supreme Court justice.
Good for Vermont!M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-41011021100124723282013-10-17T15:50:00.002-04:002013-10-17T15:50:56.582-04:00Vermont Wrongful Death Case First Requires Federal Insurance Coverage VerdictGeico Insurance first denied payment to family of women killed in drunk driving auto accident
The Burlington Free Press reported on the wrongful death case that was put on hold due to the need to file a claim in U.S. federal court to get Geico to pay benefits to family of women killed in an auto accident involving a drunk driver: Geico agrees to pay in Borneman case.
Geico initially M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-21922693699054608572013-07-15T12:24:00.000-04:002013-11-22T12:30:30.228-05:00Auto Accident Jury Verdict is $43 Million in VermontThe Burlington Free Press reported last week on the auto crash trial involving a 51-year old woman who was paralyzed in the accident in which the jury verdict was $43 million award — believed to be the largest in Vermont history.
The suit was filed "against the manufacturer of a car seat that allegedly collapsed on her during a 2007 car accident, rendering her a paraplegic... Johnson Controls M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-3336327314515750182013-06-14T12:31:00.000-04:002013-10-17T15:28:48.907-04:00Christopher Maley Elected President of Vermont Association for JusticeBURLINGTON, VT — Trial attorney Christopher J. Maley was elected president of the VermontAssociation for Justice at its annual convention on May 17. Maley will serve as
the organization’s president for the 2013-2014 term.
Maley is a native of Burlington, Vermont, and a partner in the law firm of Maley and Maley PLLC of Burlington. He is a
plaintiffs trial attorney practicing is the area of M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-62922199245830046512012-08-27T12:45:00.002-04:002012-08-27T12:45:58.164-04:00In Vermont, Number of Paid Medical Malpractice Claims Down, Claim Size UpStatistics gathered by the The Kaiser Family Foundation and published on its website statehealthfacts.org, shows that in 2011, 14 medical malpractice claims were paid in Vermont totaling $$3,622,500. That places Vermont 48th on the list when ranking states from highest to lowest in total dollars paid. The average claim size of $258,750, is slightly higher than the previous year. (In 2010, 19 paidM Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-5913557646713192082012-04-27T08:10:00.000-04:002012-04-27T08:10:00.131-04:00Leahy Bill Would Hold Generic Drug Makers LiableMONDAQ Abstract: Senator Patrick Leahy (D-Vt.) introduced legislation on April 25, 2012,
to counter the effect of the Supreme Court's June 2011 decision
in Pliva v. Mensing, 131 S. Ct. 2567 (2011).
Mensing held that patients who claim injury from generic
drugs cannot sue the manufacturer for failure to warn, even though
patients who take the same drug, but the brand name, can. Senator
Leahy's M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-41330961471439093712012-04-26T20:08:00.000-04:002012-04-26T20:08:28.064-04:00Vermont Second Lowest in Medical Malpractice PayoutsAccording to the 2012 Medical Malpractice Payout Analysis for Physicians by Diederich Healthcare, Vermont ranks second from the bottom in total payouts for medical malpractice.
The analysis shows that six states represent 51.4% of the total payouts for 2011. They are:
New York = $677,866,050
Pennsylvania = $319,710,250
Illinois = $242,108,800
New Jersey = $221,170,750
Florida = $218,123,050
M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-39942334487439815902011-04-08T21:44:00.001-04:002011-04-08T21:45:23.711-04:00Vermont House Health Care Bill Includes Closer Look at Med Mal ReformThe Addison County Independent reporting on groundbreaking legislation passed by Vermont House for a single-payer health care system mentions that house bill 202 will also "examine reforms to Vermont’s medical malpractice system..." See the full article: House OKs health care bill with local support.M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-74835223796143439812011-04-01T10:34:00.000-04:002011-04-01T10:34:00.158-04:00Vermont Medical Liability/Malpractice LawsThe National Conference of State Legislatures website summarizes the medical liability and malpractice laws by state. The chart is updated as of September 2010. It documents:
Damage Award Limits or Cap
Statute of Limitation
Joint and Several Liability
Limits on Attorney Fees
Periodic Payments
Patient Compensasion or Injury Fund
Doctor Apologies/Sympathetic Gestures
Pre-trial Alternative DisputeM Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-28196798541911254862011-03-29T18:43:00.001-04:002011-03-29T18:45:55.259-04:00Insure.com Ranks Vermont as Least Costly State for Car Insurance RatesFoster City, CA March 14, 2011 – Insure.com released a national survey today of car insurance rates by state. The rankings reveal above-average rates in Michigan, Louisiana and Oklahoma and lower-than-average car insurance premiums in Vermont and South Carolina. Surprisingly, a consumer’s driving record is not always the biggest factor in determining prices. Instead, Insure.com found that a M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-44906470083046990162011-03-17T21:59:00.000-04:002011-03-17T21:59:58.941-04:00Vermont Law Makers Mull Med Mal ReformAn Associated Press report in several news outlets indicates that Vermont legislators are seriously considering medical malpractice reform as a way to lower health care costs.
"In debates over health care reform both at the state and federal level, the issue of medical malpractice claims often gets raised, with a particular focus on the defensive medicine doctors are said to perform to prevent M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-91134330291817470092011-02-23T08:47:00.002-05:002011-02-23T08:47:00.424-05:00Helmet Safety Advocacy Starts in VTDr. Robert Williams, founder of the nonprofit group PHAT (“Protect Your Head At All Times’’), is the helmet safety advocate from Vermont Children's Hospital behind PHAT helmet program...
Williams making headway - The Boston GlobeM Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-72062829943059262322011-02-22T18:43:00.002-05:002011-02-22T18:44:21.326-05:00Heavy Trucks Forced Back onto Vermont Back RoadsBloomberg news service carries news story about a traffic laws that force heavy trucks off the interstate to use back roads to pass through small towns across Maine and Vermont. The article reports...
"A pilot project that allowed trucks weighing up to 100,000 pounds onto interstate highways in the two states ended in December, forcing trucks filled with petroleum, gravel, paper products and M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-51138389241742904032011-01-30T16:42:00.000-05:002011-01-30T16:42:28.426-05:0017 Medical Malpractice Claims Paid in Vermont in 2009According to data compiled by StateHealthFacts.org, a website of the Henery J. Kaiser Family Foundation, there were 17 medical malpractice claims paid in Vermont in 2009 for a total of $6,845,000 — that's an average of $402,647 for paid claims. Vermont ranked 46th in the nation for total paid claims. In 2008, Vermont ranked 45th with $10,908,550 in total claims paid. For more state health data onM Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com2tag:blogger.com,1999:blog-2245080357782782770.post-17773782303452585242010-12-09T17:58:00.001-05:002010-12-09T17:58:30.378-05:00Vermont Ranked Healthiest State in the NationThe 2011 American Health Rankings® puts Vermont on top as the healthiest state in the nation.
Vermont has topped the list of healthiest states for the last four years of published reports. Vermont has had a steady climb in the Rankings for the last twelve years from a ranking of 17th in the 1997 and 1998 Editions.
Vermont's strengths as a healthy state include:
a high rate of high school M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-48600037395183285072010-10-14T13:29:00.000-04:002013-10-17T15:57:46.800-04:00How Do I File a Lawsuit in Vermont for an Injury? Vermont Law Pertaining To Personal Injury — A Q&A
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 M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-21905391795452956142010-10-13T09:18:00.002-04:002010-10-13T09:21:22.857-04:00Vermont Patient Safety Data AvailableFrom The HillPatient safety data made available: Comparative data on patient safety and hospital quality are available online for the first time thanks to the The Commonwealth Fund’s WhyNotTheBest.org. The new measures, developed by HHS' Agency for Healthcare Research and Quality, are available from data submitted by hospitals in nine states: Arizona, Florida, New York, Illinois, New Jersey,M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-64841395294077210572010-08-16T12:44:00.002-04:002010-08-16T12:48:49.514-04:00Report Names Vermont Least Successful in Med Mal ReformA report by Pacific Research Institute (PRI) names Vermont, Rhode Island, Pennsylvania, Kentucky, and Iowa as the least successful in improving their malpractice laws. According to an online news item from Health Care News published by the Heartland Institute (whoever they are):“Vermont has no limits on noneconomic or punitive damages, no limits on how much of the damages the plaintiffs’ M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-67339956459825818452010-05-22T17:27:00.002-04:002010-06-22T17:40:05.684-04:00Vermont Medical Malpractice Claims DataAccording to 2008 data from The Henry Kaiser Family Foundation's statehealthfacts.org, Vermont led the nation in the average medical malpractice claim amount $839,119 (compared to $352,750 for the previous year). Certainly Vermont did not lead the total number of claims paid or the largest amounts paid. There were only 13 claims paid in Vermont in 2008.When ranked by total dollars paid, Vermont M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-53576271205435124852010-04-11T11:46:00.004-04:002010-04-11T12:10:48.778-04:00Doctor and Methadone Clinic Settle in Auto FatalityNEWFANE, VT - A Vermont man having been treated at a Methadone clinic in Massachusetts had high levels of methadone in his system when he had a head-on auto accident, which killed an 8-year-old girl, according to autopsy results as reported by the Barre Montpelier TimeArgus.com. Lawyers representing the girl's estate claimed the clinic and his personal physician failed to adequately monitor theM Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-61763053753659887932009-12-14T16:23:00.001-05:002013-10-17T15:30:35.844-04:00Best Lawyers® Ranks Medical Malpractice Lawyers in VermontWho are the best medical malpractice lawyers in Vermont? Best Lawyers®, the annual peer-based listing of the best attorneys in each state, has selected 13 attorneys from the state of Vermont to include in its 2010 annual listing. See the listing here.
Burlington, VT attorneys selected for inclusion in the annual listing for Medical Malpractice Law include: John Maley and Christopher Maley.M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0