An ERISA case, Mills v. London Grove Township, decided by a Federal Judge in Pennsylvania did not allow the plan administrator to recover against a special needs trust set up for a dependant of the plan's primary beneficiary. For anyone who deals with ERISA subrogation claims, the judge put his reasoning into reality when he states: In the final analysis, the real dispute generated by ACS's...
Finally a start to the curbing of health care costs. First, the consumer must know the cost of the service, so he or she can make a judgment about that service. Will this curtail costs? Who knows! I believe it is a least a step in the right direction.California's largest private physician practice has become one of the first doctor groups in the nation, and almost certainly the largest, to...
One doctor's opinion!America's health insurance system is sick. The symptoms: high costs, lack of access, declining choice, increasing medical homelessness.[1] The etiology: our dependence on private health insurance. In no other industrialized nation does the majority of people rely on private health insurance to get healthcare.Private health insurance is like a sponge: It sucks up dollars but...
It is always interesting to read about the top ten plaintiff's verdicts in any given year. An article in LawyersUSA indicates a significant drop in the dollar amount of these verdicts.
A study reported at Medscape: Not a large study but it seems to fall in line with recent trends for treatment of herniated discs.Study Design: Prospective randomized controlled trial.Objective: To assess effectiveness of microdiscectomy in lumbar disc herniation patients with 6 to 12 weeks of symptoms but no absolute indication for surgery.Summary of Background Data: There is limited evidence...
The Nebraska Supreme Court ruled today that a trial court did abuse its discretion in striking the testimony of a physician regarding the causal relationship between a diagnosis of fibromyalgia and it traumatic onset. The case is Epp v. Lauby, 271 Neb. 640. This case reiterates Nebraska's interpretation of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed....
Thanks to my paraglegal, Christy Koch, for finding a list of articles from the International Study of Pain. The list of articles runs a gamet from pain in children, spinal pain, fibromyalgia pain, pain and depression, and on and on. The articles are scientific in nature, written by medical providers, whose object is to study pain.
States are passing "Tort Reform" legislation that should make sense to everyone. It is not about capping one group or another's liability or damages, but rather, it is about fairness to jurors. Jury service is a civil duty, but it can be very instrusive and a financial hardship on people. My experience with jurors is that they take their job very seriously, but they are always put out by the...
A Connecticut minister was killed in a motorcycle accident recently when the Harley Davidson he was riding was rear-ended by another vehicle. Reverend John Schettenhelm was stopped and preparing to turn into his driveway when a Volvo driven by Stephen Maier struck him from behind.Christine at TheThinking Mother is an acquaintance of Schettenhelm's wife and is familiar with the road on which he...
This blog is part of the InjuryBoard.com legal weblog network. InjuryBoard has great information on almost every possible personal injury topic. The wrongful death page provides the following overview:A suit for wrongful death may be filed when a person dies as the result of someone else's negligent, reckless or intentional act. Most wrongful death suits are based on negligence, and as with...
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