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
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…
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”
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…
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…
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…
Aerial boom lifts are commonly used on construction sites, but they have a potentially deadly defect that many manufacturers and equipment rental companies have failed to address. An aerial boom lift can be used on a jobsite to place workers at heights instead of using…
The Nebraska Court of Appeals handled that question in Hamilton v. United Parcel Service, No. A-17-102 (Neb. App. 2017). Robert Hamilton (“Hamilton”) filed an action in the Nebraska Workers’ Compensation Court claiming his dementia was due to repeated exposure to carbon monoxide while working as…
Commercial trucking is a vital part of our nation’s economy, the vehicles and their drivers provide the framework of goods distribution to all 50 states and beyond. Yet, it’s not an industry without issues—driver shortages and rising fuel costs alone have commercial carriers scrambling; leaving…
On Nymatore v. Schuerman, (25 Neb. App. 209) the Nebraska Court of Appeals answers that question in an appeal of the grant of summary judgment. On June 19, 2015, Eunice Nyamatore (“Nymatore”) was a passenger on a bus owned and operated by the Omaha Transit…
In 1999, the Institute of Medicine (IOM) released a report called To Err Is Human: Building a Safer Health System that brought to light the issue of hospital patients dying from medical errors; at the time is was guesstimated to be as great as 98,000…
Legal practitioners are closely following the first Cook IVC filter bellwether case as it starts its third week of trial before U.S. District Judge Richard L. Young in the Southern District of Indiana (In Re: Cook Medical, Inc., IVC Filters Marketing, Sales Practices and Products Liability Litigatio
