The summary of the case sounds almost academic. Claims based on injuries intentionally inflicted by an insurance carrier during claims administration process are not barred by workers' compensation immunity JOSEPH THRISTINO v. CRAWFORD & COMPANY; PARTNERS IN HEALTH; TENET HEALTH CARE CORPORATION, 4th District, 31 Fla. L. Weekly D1761aBut the allegations of the complaint are far from academic. ...
On June 22, 2006, the United States Supreme Court rendered entered a new, sweeping decision concerning retaliation claims under Title VII, which gives victims of retaliation greater protection than victims of actual discrimination. In Burlington Northern & Santa Fe Railroad v. White, an opinion authored by Justice Breyer, the Supreme Court decided for the first time that an employer may be...
An Amish man who apparently fell asleep while driving his buggy died Saturday when the buggy failed to stop at a stop sign and was hit by an oncoming car. The accident occurred approximately 40...
The FDA announced last week that it is developing a single elecronic web-based system for reporting information about drug safety problems. The FDA hopes to have the new system in place within two years, though no firm timetable has been established. "The system will be easy to use, so that the general public is encouraged to report incidents and is not deterred by the nature of the...
Summertime is usually a period when families go on vacation, kids are out of school, and adults re-charge their worn batteries. Yet, it can also be a time when accidents happen. As more people take to the streets and highways, be careful for kids playing in nearby yards and parks. As the rains fall in the afternoon, be wary of slippery roads while operating your vehicle. Keep the summer a...
The St. Pete Times has posted a story that could avoid some injuries this Fourth of July. Four days of Fourth festivitiesIndependence Day falls on a Tuesday this year, stretching out the time available to celebrate the birth of this country.Check out these celebrations all around the Tampa Bay area. If you plan carefully and drive a bit, you can party four days in a row.Instead of buying...
A jury on Tuesday found makers of welding rods were not liable for the health problems of a former civilian worker.Ernesto G. Solis, 57, claims years of exposure to welding fumes at his job damaged his health because of exposure to manganese within welding rods. There are thousands more individuals pursuing similair claims. This is an issue in which the scientific evidence is not clear cut, so...
I have known for some time that the most dangerous time for a patient in the hospital is often the change of shift. Over the years I have learned of so many bad events during the hand-off from one shift to another that I had begun to refer to the time period as the black hole. Now, a national commission is working on correcting the poor communications that appear to be the source of the...
Recently, The Center for Science in the Public Interest, along with Dr. Arthur Hoyte, a retired physician from Rockville, Md. sued Yum Brand Inc. owner of the KFC restaurant chain. The suit claims their use of hydrongenated oil high in trans fat, causes artery clogging heart disease. The suit seeks the end of tans fat use by switching to non hydrongenated, therefor, healthier frying oil. KFC...
The New England Journal of Medicine published a correction June 26, 2006, saying that it does not take 18 months of Vioxx use to increase heart risk, but that heart risks could occur after as few as three months of use. The correction is expected to undermine Merck & Co.'s ability to defend itself against thousands of lawsuits.Dr. Gregory D. Curfman , executive editor of the New England...
