bcINDEX

Healthcare

Survey: Nation Lagging on Electronic Medical Records

Despite evidence that they can help reduce medical errors, almost none of the nation’s hospitals have fully adopted electronic health records, a new survey has found. According to the national survey published in the New England Journal of Medicine, fewer than 2 percent of hospitals have abandoned paper records in favor of electronic records and only 8 to 11 hospitals have systems in place to make the conversion. Alicia Chang, The Washington Post 03/25/2009

Read Article: The Washington Post

Laws/Cases

Families Push for Disclosure of 9/11 Evidence

A federal judge has voiced reluctance to make public nearly a million pages of evidence uncovered as part of lawsuits against airlines over the Sept. 11th attacks. While U.S. District Judge Alvin Hellerstein has yet to issue a final ruling on the matter, attorneys for the families maintain that there is no reason for continued secrecy. Defendants in the case, including American Airlines, said much of the evidence was turned over with the understanding that it would remain secret prior to trial. Larry Neumeister, Newsday 03/25/2009

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Father Seeks Damages for Plant Pollution

An Indiana man filed a lawsuit Wednesday accusing 11 of the state’s largest companies of endangering the health of Lake County children. According to the lawsuit, which seeks class-action status, pollution produced by industries, including U.S. Steel and ArcelorMittal, leaves children significantly more likely to develop cancer or other long-term illnesses. The lawsuit seeks damages on behalf of local children and the establishment of a medical monitoring program. Charles Wilson, Cleveland Plain Dealer 03/26/2009

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Jury Favors Cigarette Companies in Latest Florida Trial

The nation’s two largest cigarette manufacturers were not liable for the wrongful death of a former smoker, a Florida jury ruled Wednesday. The ruling in favor of Altria Group Inc.’s Philip Morris USA unit and R.J. Reynolds Tobacco Co. is the first victory for cigarette companies since the Florida Supreme Court ruled that smokers in a statewide class action must pursue their claims individually. The first two so-called post-Engle verdicts resulted in awards in favor of the plaintiffs. Bob Van Voris, Bloomberg 03/25/2009

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Judge Orders Damages for Hurricane Victims

Louisiana Citizens Property Insurance Corp. must pay nearly $93 million to about 18,000 policyholders whose claims were not adjusted on time, a Louisiana judge decided Wednesday. The ruling officially places a dollar value on a verdict that Citizens intentionally delayed claims adjustments. Citizens is expected to appeal the award. Rebecca Mowbray, New Orleans Times-Picayune 03/26/2009

Read Article: New Orleans Times-Picayune

Damages Awarded to Brain-Damaged Child

A Florida jury has ordered the former owner of a West Palm Beach hospital to pay $4 million to the family of a child born with mental retardation and cerebral palsy. According to the lawsuit, Good Samaritan Medical Center was negligent in delaying the birth of the now 11-year-old girl. Other claims related to the case had been previously settled by hospital staff. Andy Reid, South Florida Sun-Sentinel 03/26/2009

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Award in Flesh Eating Bacteria Case Largely Upheld

The ex-wife of an Air Force officer who lost her arm to flesh-eating bacteria should retain most of an $8.5 million award, a federal judge has ruled. Denying a request by Air Force officials to reduce the award by more than $1 million, Magistrate Judge Philip Frazier found that the plaintiff was entitled to $8.46 million of the original judgment. An Air Force base doctor initially misdiagnosed the necrotizing fasciitis as a harmless rash. Jim Suhr, Kansas City Star 03/25/2009

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Study

Structured Settlements Gain Value in Economic Downturn

The fourth quarter of 2008 showed marked growth in the total value of structured settlements, according to statistics issued by an Atlanta-based structured settlement company. The 25 percent rise brings the total value of all periodic settlement payments to nearly $1.8 billion. Structured settlement experts say the current economic malaise could indicate a longer term value increase for structured settlements similar to what was seen during 2000 and 2001. Amanda Brondstad, Law.com 03/25/2009

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