All Topics

• Avandia

  John Inserra | May 22, 2007 10:04 AM | 0 CommentsOmaha, NE

  As reported in The New England Journal of Medicine, a study shows that rosiglitazone, sold as Avandia by GlaxoSmithKline was associated with a significant increase in the risk of myocardial infarction and with an increase in the risk of death from cardiovascular causes that had borderline significance. The study concludes: patients and providers should consider the potential for serious...

• Vicarious Liability of a Third Party in a Worker Compensation Case

  John Inserra | July 21, 2006 11:04 AM | 0 CommentsOmaha, NE

  The Nebraska Supreme Court in the case of Didier v Ash Grove Concrete reiterates the rules by which an employer of an independent contractor may be vicariously liable to an injured third party. As noted above, an employer of an independent contractor is generally not liable for physical harm caused to another by the acts or omissions of the contractor or his servants, but an employer of an...

• A Case about Experts

  John Inserra | March 03, 2009 1:33 PM | 0 CommentsOmaha, NE

  The Nebraska Supreme Court provides an analysis about when to exclude expert testimony in a toxic tort FELA case. The opinion reinforces the cases of Daubert and Schafersman in Nebraska; stating...

• Texas Vioxx Reversal

  John Inserra | May 14, 2008 4:01 PM | 0 CommentsOmaha, NE

  A Texas appeals Court has reversed a $32 million award entered against Merk & Co. This decision will likely move on to a higher court. The appeals court in San Antonio said Leonel Garza's fatal...

• Welder Recovers in Ohio for Manganese Exposure

  John Inserra | December 10, 2007 8:35 AM | 0 CommentsOmaha, NE

  It is reported in the Cincinnati Post that A federal jury awarded $17.5 million to a welder who sued five companies on claims that he got sick from inhaled fumes, marking the second time in 18 such cases that a verdict has come down on the side of workers.The jury in Cleveland found that the five companies showed negligence by not warning the plaintiff of the toxicity of manganese in their...

• FELA Verdict

  John Inserra | June 26, 2007 4:30 PM | 0 CommentsOmaha, NE

  A Douglas County Nebraska jury this week ordered Union Pacific Railroad Company to pay $942,000 to a conductor for the knee injuries he suffered after falling on ice in a parking lot of a hotel where Union Pacific had paid for him to stay. For more information on this subject, please refer to our section on Workplace Injuries and Discrimination.

• Medical Malpractice Cases

  John Inserra | April 19, 2007 1:00 AM | 0 CommentsOmaha, NE

  As reported in Reuter's Health Information, Medical Malpractice cases are usually won by the defendant. When there is any doubt after hearing all the evidence and expert opinions, juries usually return a verdict in favor of the physician, study author Philip G. Peters, from the University of Missouri-Columbia's School of Law, said in a statement.Peters reached this conclusion after conducting an...

• Possible New Knee Cartilage

  John Inserra | July 19, 2006 9:15 AM | 0 CommentsOmaha, NE

  I read a very encouraging article concerning the implantation of bioengineered cartilage in damaged knee joints. The authors of the study conclude:"We have shown for the first time that tissue-engineered cartilage implanted into knees can mature into an articular cartilage structure as early as 11 months after implantation of Hyalograft C," the authors conclude. "Development of osteoarthrosis,...

• Fitness Balls Recalled from Gyms, Department Stores, and Sporting Goods Retailors Following Explosions

  Sarah Cool | April 22, 2009 6:11 PM | 0 CommentsOmaha, NE

  US News and World Report publicizes that EB Brands has recalled about 3 million fitness balls from gyms and stores in the previous weeks. Fitness balls are generally used for physical therapy and...

• Carbon Monoxide Detector Recalled

  John Inserra | May 16, 2008 3:05 PM | 0 CommentsOmaha, NE

  FireX branded 10000 and 12000 series carbon monoxide alarms with item numbers: 10000, 12000, 12000C, 12000-6, 12200, 12220, 12400, 12400C manufactured between June 1, 2007 and February 1, 2008...