tag:blogger.com,1999:blog-22450803577827827702012-01-12T08:53:29.520-05:00Collecting 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.comBlogger331100tag:blogger.com,1999:blog-2245080357782782770.post-39942334487439815902011-04-08T21:44:00.001-04:002011-04-08T21:45:23.711-04:00

The 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-74835223796143439812011-04-01T10:34:00.000-04:002011-04-01T10:34:00.158-04:00

The 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 Dispute

M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-28196798541911254862011-03-29T18:43:00.001-04:002011-03-29T18:45:55.259-04:00

Foster 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-44906470083046990162011-03-17T21:59:00.000-04:002011-03-17T21:59:58.941-04:00

An 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-91134330291817470092011-02-23T08:47:00.002-05:002011-02-23T08:47:00.424-05:00

Dr. 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 Globe

M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-72062829943059262322011-02-22T18:43:00.002-05:002011-02-22T18:44:21.326-05:00

Bloomberg 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-51138389241742904032011-01-30T16:42:00.000-05:002011-01-30T16:42:28.426-05:00

According 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 on

M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com2tag:blogger.com,1999:blog-2245080357782782770.post-17773782303452585242010-12-09T17:58:00.001-05:002010-12-09T17:58:30.378-05:00

The 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-53249583777688523422010-11-13T12:07:00.001-05:002010-11-13T12:07:00.560-05:00

Burlington, VT — Best Lawyers, the oldest and most respected peer-review publication in the legal profession, has named Alan Sylvester as the “Best Lawyers' 2011 Burlington, Vermont Personal Injury Litigation Lawyer of the Year.”After more than a quarter of a century in publication, Best Lawyers is designating “Lawyers of the Year” in high-profile legal specialties in large legal communities.

M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-21905391795452956142010-10-13T09:18:00.002-04:002010-10-13T09:21:22.857-04:00

From 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-64841395294077210572010-08-16T12:44:00.002-04:002010-08-16T12:48:49.514-04:00

A 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-67339956459825818452010-05-22T17:27:00.002-04:002010-06-22T17:40:05.684-04:00

According 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-53576271205435124852010-04-11T11:46:00.004-04:002010-04-11T12:10:48.778-04:00

NEWFANE, 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 the

M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-61763053753659887932009-12-14T16:23:00.001-05:002010-06-15T08:56:24.033-04:00

Who 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.Law firm Sylvester & Maley of Burlington, VT is ranked #1 in Vermont for Medical Malpractice Law with 3 attorneys listed: Alan Sylvester, John Maley

M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-45796762898795639752009-08-10T08:51:00.002-04:002009-08-10T08:54:11.520-04:00

The Burlington Free Press reports that...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.

M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-47894291354513584272009-05-17T15:17:00.002-04:002009-05-17T15:22:05.429-04:00

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.

M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-39790467107029567252009-05-10T17:57:00.002-04:002009-05-17T18:01:46.638-04:00

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

M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-87902501161915986952009-05-09T15:25:00.002-04:002009-05-17T15:30:53.428-04:00

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.

M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-59928549587469632662009-03-06T15:31:00.002-05:002009-03-06T15:32:53.104-05:00

Wyeth: Company Complied With Law In Vermont Case From FOXBusiness.comPosted using ShareThis

M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-70249468386140286272009-03-06T15:22:00.004-05:002009-03-06T15:27:50.644-05:00

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

M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-56485715564835958882009-03-03T20:54:00.003-05:002009-03-03T21:01:49.112-05:00

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.

M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com1tag:blogger.com,1999:blog-2245080357782782770.post-62121160920592786352009-02-05T16:53:00.005-05:002009-02-05T18:06:28.504-05:00

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..

M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-59359560785090144422009-01-12T16:15:00.008-05:002009-01-12T16:50:40.046-05:00

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

M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-33204359569594540762008-12-19T08:42:00.003-05:002009-01-15T22:57:00.749-05:00

Vermont Jury Awards $800,000 for Failure to Monitor CoumadinA 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.

M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-27088147560562487152008-11-23T09:35:00.003-05:002008-11-23T09:39:53.088-05:00

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

M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-50779218703714655392008-10-27T17:49:00.003-04:002008-10-27T18:11:36.957-04:00

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 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

M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-36308132685948403602008-10-21T00:10:00.002-04:002008-10-21T00:16:51.841-04:00

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

M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-34876101880227547242008-10-07T20:30:00.004-04:002008-10-27T18:11:12.955-04:00

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

M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com1tag:blogger.com,1999:blog-2245080357782782770.post-77353940175909991772008-08-19T22:19:00.002-04:002008-08-19T22:27:53.145-04:00

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

M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-40304753566456666672008-08-16T10:01:00.008-04:002008-08-16T10:34:05.075-04:00

Vermont Law Pertaining To Personal InjuryIf 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

M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-30870289382015290252008-08-15T11:00:00.003-04:002008-08-15T11:07:57.209-04:00

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

M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-88647672609616071682008-08-10T20:21:00.006-04:002008-08-10T20:38:00.137-04:00

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

M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0tag:blogger.com,1999:blog-2245080357782782770.post-26045877234743896272008-08-10T10:52:00.002-04:002008-08-10T10:54:42.539-04:00

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.

M Kennedy, Editorhttp://www.blogger.com/profile/12038198296544009549noreply@blogger.com0