Safety and Health Reporter

Sovereign Immunity

Sovereign immunity is a difficult concept to comprehend in Virginia.  The cases from the Virginia Supreme Court appear to be inconsistent.
Sovereign Immunity-Ministerial and Discretionary
A recent trial court decision from the Chesapeake Circuit Court however somewhat clarifies the law.  The case involved a sheriff that was transporting prisoners in a motor …


A Washington Post article of December 24, 2013 addresses the issue of colonoscopy and how effective they are.  The evidence is fairly clear that they are highly effective in preventing colorectal cancer.  Colorectal cancer is the second deadliest type of cancer.  The colonoscopy allows a doctor to detect precancerous growths in the …

Proximate Causation

The concept of proximate causation is always a difficult one.  The word “proximate” literally means “near”.  It can be juxtaposed to the word “approximate” which literally means “not near”.  A near cause of any event is one that is a sufficient cause to actually cause the event.  
Proximate Causation-Sufficient Cause
In …

Chiropractic Malpractice

Although chiropractic malpractice may come in many forms, one of the more devastating forms arises from a manipulation called “cracking the neck”.  This cervical procedure involves a sharp manipulation to the neck.
Chiropractic Malpractice-Cervical Manipulations
Some patients have experienced immediate dizziness, blurred vision and a sense of the world going dark on …

Economic Loss Rule Virginia

The economic loss rule in its original form was designed to prevent a commercial buyer of defective goods from suing either in negligence or strict liability when the only injury consisted of damage to the goods themselves.  The rule attempts to preserve the distinction between contract and tort claims by …

Federal Medical Malpractice

Federal medical malpractice consisting of medical negligence at a federal facility is governed by the Federal Tort Claims Act.  These federal facilities could be military bases, veterans’ hospitals or conceivably federal clinics.  The actual provider must be a federal employee and not an independent contractor.  
Federal Medical Malpractice-FTCA…

Secret Settlements

Secret settlements are common but they can also be dangerous.  Remington Firearms Company knew of hundreds of documented deaths and injuries resulting from defects in their Model 700 trigger mechanism.  They were able to conceal this flaw for years by entering into secret settlements which prevented other plaintiffs from discovering …

Breath Shortness

Shortness of breath is always a worrisome symptom.  A healthy blood oxygen saturation rate is 98%.  What that means is that 98% of the oxygen that is brought into your body is saturating into the blood and being carried by the blood throughout the system.
Breath Shortness-Hypertension
If a person has pulmonary …

Boss Tweed

We have all heard of Tammany Hall.  It is the so-called meeting place of the famously corrupt head of the New York City Democratic Party.  His full name was William Magear “Boss” Tweed.  Tweed served one term in the U.S. Congress but he became much more powerful as the head …

Product Liability and Foreign Manufacturers

Foreign manufacturers are viewed by many plaintiff’s lawyers as being exempt from liability. But that need not defeat a claim for product defects.
Defective Chinese Drywall
The drywall fiasco that has occurred over the last many years is an example.  Drywall is created from gypsum, a soft sulfate mineral that is converted …

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