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August 2017 Archives

CA jury delivers $417 million verdict against J&J in failure to warn case

Readers may have heard about the recent product liability lawsuit involving allegations that Johnson & Johnson failed to warn consumers of the dangers talc-containing products posed when used over time. The lawsuit, which resulted in a $417 million jury verdict, was brought by a 63-year-old woman dying of ovarian cancer who had used talc-containing Johnson & Johnson products for most of her life.

Addressing drug-related workers' compensation costs with drug testing, P.4

This is part four in a series of posts addressing the topic of drug-related workers' compensation costs. In previous posts, we've discussed the potential impact of drug abuse on workers' compensation costs and some of the requirements and benefits of participating in the Bureau of Workers' Compensation's Drug-Free Safety Program.

Addressing drug-related workers’ compensation costs with drug testing, P.3

In a previous post, we mentioned that employers who participate in the Bureau of Workers’ Compensation Drug-Free Safety Program are eligible for workers’ compensation premium rebates. The rebate rate, as we noted, depends on the level of participation an employer selects.

Addressing drug-related workers’ compensation costs with drug testing, P.2

Previously, we began looking at the topic of drug and alcohol abuse in the workplace and the costs it can have for employers, particularly with respect to workers’ compensation expenses. One of the tools employers can use to address the problem of drug abuse in the workplace is drug testing.

Addressing drug-related workers’ compensation costs with drug testing, P.1

Workers’ compensation insurance is something all employers are required to carry, and there are penalties and consequences for failing to carry insurance coverage. For employers, then, workers’ compensation is one of the necessary costs of doing business, but it is also important for employers to do what they can to control workers’ compensation costs.

Always work with experienced attorney to build strong medical malpractice defense

Those who are familiar with the term know that it refers to efforts to curtail tort litigation by implementing limitations on the ability to file tort claims, or limitations on the ability to collect damages in these cases. Tort reform has long been an important goal at the state level. As we noted in a previous post, though, there are currently efforts to implement tort reform under federal law. These efforts include a proposed cap on noneconomic damages in medical malpractice lawsuits.

What is the “standard of care” in malpractice litigation? P.2

Previously, we began looking at the standard of care in medical, hospital and nursing home malpractice litigation. As we noted, the standard of care is the legal duties to which a medical provider or institution is held under a specific set of circumstances, and against which fault is determined in malpractice litigation.

What is the “standard of care” in malpractice litigation? P.1

The ability to seek compensation from a negligent physician, hospital or nursing home is an important right patients have under state law, and those who have been seriously harmed as a result of incompetent and substandard medical, hospital or nursing home care should explore their options for seeking recovery, including malpractice litigation. At the same time, some malpractice lawsuits should never be pursued in the first place: some, for financial reasons; others, for legal reasons.