Safety and Health Reporter

Available Bank Deposits
Available bank deposits may not necessarily always be available.  Under a recent decision from the U. S. Court of Appeals for the Second Circuit involving a law firm and Citibank the Court concluded that even though a bank deposit had been listed as being available to the depositor that did ...
Medication Errors
Medication errors are on the rise according to the Agency for Healthcare Research and Quality,the lead federal agency charged with improving quality,safety and efficiency of health care for all Americans.  This agency reports that in 2008 1.9 million people became ill or were injured from side effects of medication or because they ...
Immigration Status
Immigration status of plaintiffs is sometimes an issue in personal injury actions.  In general, the plaintiff's immigrations status or the immigration status of any party to litigation is a collateral matter and probably irrelevant.  A number of courts have addressed this issue over the years.  Relevancy is generally governed by ...
Doubling Growth Defense In Misdiagnosis Cases
The doubling growth defense in cancer misdiagnosis cases is frequently misplaced and flawed.  What this defense consists of is the contention that cancer cells grow exponentially in a predictable and orderly fashion, i.e. in effect doubling in size over time.  That contention then results in the conclusion that cancer is ...
Speed Determinations
Speed determinations in a motor vehicle collision are frequently critical.  Skid marks are a common way of attempting to determine speed.  There are formulas that can be used to determine the minimum speed of a vehicle before a driver applied the brakes.  It is not uncommon, however, that vehicles traveling ...
Swimming Facility Injuries
In analyzing swimming facility injuries there are a number of factors to be considered.State and local codes must be analyzed carefully to determine any and all requirements that may exist as far as: Fencing. The nature and characteristics of any gates. Any required life saving devices. The need for and qualifications of life ...
Emotional Damages to Children
Emotional damages to children are frequently difficult to prove but may be compelling.  This may be especially important in instances where the child is not the direct victim of the injury but rather is a witness to a horrific injury to a loved one.  The general rule in most jurisdictions in terms ...
Elderly Plaintiffs
Elderly plaintiffs can be especially challenging in terms of being able to prove their damages.  They are perceived as being at the end of their life and  therefore damages are of minimal value.  That notion, obviously, is mistaken and needs to be overcome. The groundwork needs to be laid by showing the ...
Pulmonary Hypertension
Pulmonary hypertension is a fairly rare condition but can be devastating.  It is frequently confused with asthma.  The symptoms are most often seen in women between 20 and 40 and consist of shortness of breath, fatigue, dizziness, excess sweating upon exertion, excessive sleeping, weight gain and chest pains.  As the name ...
Physician Speaking Fees
Physician speaking fees paid by Merck Pharmaceutical during the year 2010 totalled $20.4 million.  During the year 2010 more than 2,000 U. S. doctors and health care professionals were paid that sum of money to discuss and, in effect, promote Merck's various products and also to discuss other health care ...
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