The Injury Lawyer Blog

Not only are doctors protected in Initiative 330, non-medical staff and numerous other tangential individuals would benefit from this coverage, allowing still more harm to fall to those under bad medical care. For instance, if a janitor assaulted a patient at a hospital, pain-and-suffering damages would only be $350,000 per medical institution and $700,000 per case. While this sounds like quite the benefit, it does not suit well to those who would suffer long-term causes, or left with hefty expenses by their dearly departed. The payments would also be given periodically, rather than lump-sum, and would be cut off upon a defendant's death rather than given to relatives. This was a miserable situation when it was just doctors facing this false shield; what damage would it do when given a much wider range?

Also, the initiative would amend the "Vulnerable Adults Act", which would empower the elderly and disabled clients of nursing homes, in-home care and other health services to sue for neglect, abuse, abandonment or financial exploitation. This simultaneously takes away their ability to collect attorney and witness fees in these cases, making it difficult for the elderly to find a willing lawyer. It would seem that I-330 is dangerous, giving a wider scale of people freedom from responsibility over an even larger group of individuals.

A unique protection, granted to no other industry in America, was given when a bill was ratified on October 20th of this year. All gun industries and retailers are now shielded from civil lawsuits given by victims of gun abuse. While this is all well and good for the NRA, who declared the bill a "historic victory", it is sure to cause trouble for the innocent and gun-free people at home. This means that people who are not legally allowed to own guns will find it much easier to buy them. With lethal weapons potentially in the hands of irresponsible citizens, it seems unfair that no justice can be served against those responsible for giving them weapons.

The bill was passed after the argument was presented that guns helped protect the victims of hurricane Katrina when the police couldn't be there. The corruption, thievery and violence ran to chaos after the disastrous hurricane, truly; perhaps owning a gun was an advantage then, in an extreme condition. Perhaps now, in calmer times and climes, gun industry protection will only lead to chaos itself. Already a case has been filed where someone paid a retarded man to buy a 12-guage shotgun, later used to kill a sheriff's department investigator. The widow, suing the seller of the gun, faces a grim forecast.

Merck rested its defense Wednesday in the seven week Vioxx liability trial. A 60 year old Idaho postal worker blamed Vioxx for his heart attack. Merck blames the attack on the postal worker, Fred Humeston, saying elevated blood pressure, excess weight and job stress triggered the heart attack. Closing arguments, focused on this event, are scheduled for Friday.

"Sick worker" syndrome is the condition that causes a worker to be fatigued or depressed, giving the impression of poor work ethics. The worker cannot help this condition; it is a chemical process. Repeated motion as seen in typists, pianists, and meat packers leads to a large, early production of cytokines. Cytokines are proteins in injured nerves that appear as early as three weeks after cell stress, much earlier than previously thought. Laboratory experiment on rats has shown that cytokines spark symptoms of malaise, which caused the rats to "slack off" at their routines, or even take naps in between tasks. The cytokines' appearances and almost immediate reaction from the site of the injury show a direct relation to the development of repetitive stress injury. Therefore, if your workers are slacking on the job, you might want to give them a vacation before you fire them.

Workers' Compensation Lawyers

Asbestos is a fire-proof material, the fibers of which were used in cloth, building materials, auto parts, and other materials for an extended period of time, until it was found that asbestos is harmful, even cancerous. There have been thousands of injury claims made due to asbestos poisoning, putting uncomfortable pressure on many companies. Asbestos has already caused several companies to go bankrupt.

Senator Arlen Specter and U.S. Supreme Court nominee Harriet Miers argued earlier this year for an asbestos compensation fund, which would take asbestos suits out of the courts and pay the claims from a $140 billion privately financed fund. This bill would cause incredible issues.

The Hatch Frist Asbestos Compensation Bill (S. 1125) simply would not adequately compensate the victims of asbestos. 10,000 people died in 2003 alone, and the numbers continue to rise. For example, those who suffer from asbestosis who have lost 20% to 40% of their breathing capacity will only receive $75,000, which simply doesn't cover most medical costs. According to "WORKSAFE!", the bill is problematic also in that it has inadequate funding and solvency problems, no disclosure or guarantee of funding, unfair treatment of victims with pending claims, no provision for medical screening of high risk workers, and it preempts the Federal Employees Liability Act (FELA). The asbestos compensation fund is denying victims their right to seek a just reimbursement through their own means.

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Rhode Island

"Did you eat a lot of paint chips as a kid?" is an old joke because it's an old issue. Lead paint was used in many schoolhouses and homes until it was banned in 1978, when the paint was found to have a negative effect on the small children who consumed the paint chips. Lead poisoning causes severe health problems, such as brain damage and behavioral disorders. Now the companies involved in the Lead Industries Association (Sherwin-Williams Co., Millennium Holdings LLC, NL Industries Inc. and Atlantic Richfield Co.) are being tried in Rhode Island state's lawsuit against former manufacturers of lead paint (American Cyanamid Co. was also being tried, until it was exempted from the case last Thursday).

There are nearly 30 lawyers on each side of this case and a jury of about 140 members, which is being slowly whittled down to a small, impartial jury. The companies' lawyers are arguing that the blame should rest on landlords that neglect in the upkeep of their property, resulting in the hazardous chips. The defendants of the state, conversely, are arguing that the companies should be held responsible for the near 35,000 Rhode Island children their products have polluted.

Jury selection resumed Friday, and opening statements are scheduled for next week.


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Initiative 330 and Initiative 336 have been storming the streets of Washington as a topic enraging to both doctors and lawyers alike, as well as concerning the people in regards to their rights and well being. I-330 would place a $350,000 limit on a plaintiff's possible collection from noneconomic, also known as pain and suffering, jury awards. Many doctors and insurance companies claim that this is to limit attorney fees in malpractice cases. However, the initiative would also benefit the insurance agency at the expense of voters, depriving them the right of justice for those crimes committed against them and allowing incompetent doctors to continue to take their money and health. I-330 also allows the insurance companies to pay the money that they do owe you over a period of thirty years or longer; if you die, the insurance company keeps your money instead of giving it to your family. Therefore, lawyers are vehemently fighting for the rights of the victims involved to recover from the wrongs inflicted upon them, and to ensure that doctors and other defendants who injure innocent victims through negligent acts will be accountable for their wrongs.

I-336 is a clever comeback to I-330. Initiative 336 fights for insurance reform, requiring that all medical malpractice payouts above $100,000 to be reported to the Department of Health. One of the minor highlights, but especially important to people requiring health-care, is the requirement of health-care professionals to disclose all malpractice history to patients and families upon request. If your doctor has a faulty record, it's your right to know about it. The doctors and insurance companies are saying no to I-336 because of these reasons and more*. The doctors and insurance companies are also trying to take advantage of the "negative view of lawyers".

When you look at both initiatives side by side, it is obvious that the lawyers are much more concerned with the health and safety of the public while the doctors and insurance companies are just focused on lining their own pockets at the expense of innocent victims of negligence and malpractice.

*I-336 also...

• Holds doctors accountable for preventable medical injuries that have resulted in three jury verdicts against them in ten years.
• Requires mandatory state investigation of doctors with three preventable medical injuries or death events.
• Outlaws secrecy agreements in medical malpractice lawsuits.
• Requires insurance companies to justify all major rate hikes and open their financial records to the public.

The second Vioxx trial is still pending in New Jersey with the Defendant Merck putting on its case. The Plaintiff's case appeared to go very well wtih the Court rejecting several motions by Merck for a mistrial. Merck's attourney even got into a shouting match with the Judge - which may have been an intentional effort.

Plaintiff's attorney Chris Seeger says it's only a matter of time until Merck announces plans to settle some cases. Merck officials don't plan to update their count on lawsuits filed until a status conference on federal cases, set for October 27.