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Stockert 3T Heater-Cooler Linked to Infection

Stockert 3T Heater-Cooler lawsuits are being filed on behalf of individuals diagnosed with a serious infection, non-tuberculous mycobacteria (NTM), as a result of the use of a heater-cooler system during open-chest surgery.

By Legal Examiner Staffer

/ 21 Nov 2017

Did the Trial Court Err When It Gives a Jury Instruction That Allows the Jury to Choose Between the Consumer Expectation Test of the Risk-Benefit Test When Assessing a Design Defect?

The Supreme Court of Colorado took on this question in Walker v. Ford Motor Company, (2017 CO 102). Forrest Walker (“Walker”) was rear-ended while driving his 1998 Ford Explorer in Boulder, Colorado. Upon impact, Walker’s car accelerated forward and his car seat went backward. Walker…

By T. Thomas Metier

/ 20 Nov 2017

Hunting Season Hazards: The Dangers of Tree Stands

Many thousands of Americans take to the woods this time each fall; there are inherent dangers of hunting deer from elevated tree stands, a popular tool during deer season.

By Legal Examiner Staffer

/ 20 Nov 2017

Mr. Musk’s new Tesla Trucks may be a Boon for Safety

Elon Musk stayed true to his word on November 16th; unveiling the first fully electric semi-truck that also comes equipped with Tesla’s semiautonomous technology in addition to automatic braking and lane departure warnings. In Mr. Musk’s own words, the truck offers a “massive increase in…

By Legal Examiner Staffer

/ 17 Nov 2017

How the Autonomous Semi-Truck Race Will Impact the Individual

Since October, self-driving “robotrucks” have been routinely rolling through the southwestern United States—traveling along the I-10 freeway from West Texas all the way to Southern California with a cargo of brand-new refrigerators. While these autonomous big rigs are accompanied by human co-pilots

By Legal Examiner Staffer

/ 16 Nov 2017

New Therapy Could Allow Spinal Injury Sufferers to Breathe Easier

Scientists have recently released data which shows that a drug-based therapy might actually restore breathing to individuals who are paralyzed from the neck down due to a spinal injury—until now, such patients often had to rely on a ventilator to help with breathing. How…

By Christopher T. Nace

/ 16 Nov 2017

New Therapy Could Allow Spinal Injury Sufferers to Breathe Easier

In a Wrongful Death Action, Can an Earlier Agreed-to Arbitration Agreement Be Enforced?

In Kindred Healthcare v. Boyd, (2017 Wy. 22), the Supreme Court for the State of Wyoming answers this question. Ninety-three-year-old Aletha Boyd (“Aletha”) died following her discharge from Kindred Nursing and Rehabilitation – Wind River (“Kindred”). Her daughter, Susan Boyd (“Boyd”), filed a wrong

By T. Thomas Metier

/ 15 Nov 2017

Opioids Account for More Medical Malpractice Claims than Any Other Drug Class

The opioid crisis, declared as a national health emergency by President Trump, is a growing problem that has affected millions of Americans. And national concerns related to these drugs don’t stop with their misuse, according to a recent study which has found that many malpractice…

By Legal Examiner Staffer

/ 15 Nov 2017

Under the Malfunction Theory in a Products Liability Case, Can a Plaintiff Plead Both Specific and Non-Specific Defects?

In O’Brien v. Cessna Aircraft Company, (298 Neb.109), the Supreme Court of Nebraska examined this complicated question. Patrick O’Brien (“O’Brien”) was employed as a commercial pilot flying mail overnight in Nebraska. In February 2007, he was seriously injured when the Cessna 208B Caravan (“Caravan”

By T. Thomas Metier

/ 13 Nov 2017

Home for the Holidays; Is Mom Still a Safe Driver?

Many of us will be driving home this Thanksgiving to share a bountiful meal with family and friends. During this annual tradition, families travel from far and near to get together to enjoy turkey, pumpkin pie, parades and professional football. It has long been a…

By Legal Examiner Staffer

/ 13 Nov 2017

Home for the Holidays; Is Mom Still a Safe Driver?

New Study Says Heart Stents Are Ineffective for Pain

According to the Centers for Disease Control and Prevention (CDC), about 735,000 people suffer a heart attack each year in the U.S.—making heart disease the leading cause of death in America. Since the mid-1980s when the first coronary stent was successfully implanted, these tiny wire…

By Legal Examiner Staffer

/ 10 Nov 2017

Las Vegas Driverless Robo-Shuttle Wrecks First Day Out

During the last 18 months, we’ve seen a lot of news about autonomous or self-driving vehicles. While the technology might be on the cusp of becoming a reality, such cars and trucks might have a long way to go before they’re able to merge onto…

By Legal Examiner Staffer

/ 9 Nov 2017