An Illinois appeals court overturned a $165,353 workers compensation medical award and more than $46,000 in legal fees and costs, ruling that an injured worker was entitled only to reimbursement for amounts actually paid to his medical providers. In Jenkins v. McLaughlin Body Co., the Appellate Court of Illinois, Fourth District, ruled Wednesday that a lower court improperly based its…
An Indiana appeals court ruled that a parks employee who was injured after losing consciousness while driving a work vehicle is entitled to workers compensation benefits. In Harrison County Parks & Recreation v. David Hussung, the Indiana Court of Appeals on Friday affirmed a Workers’ Compensation Board finding that Mr. Hussung’s injuries arose out of his employment, even though his…
A Japanese brake manufacturer must face an Illinois lawsuit alleging that asbestos in its products caused a dealership worker’s son to develop fatal mesothelioma, an Illinois appeals court ruled. In Taylor v. Japan Brake Industrial Co. Ltd., the Appellate Court of Illinois, Fifth District, on Tuesday affirmed a lower court ruling that Illinois courts have specific jurisdiction over Japan Brake,…
The estate of a Kanawha County kindergarten teacher has sued CAMC, several physicians, nurse anesthetists and health care staffing companies, alleging an unrecognized internal hemorrhage after hip surgery caused her death. Franklin Harman, administrator of the estate of his mother, Cynthia Ellen Harman, filed the medical malpractice and wrongful death lawsuit August 25 in Kanawha Circuit Court. In addition to…
A federal jury has sided with Mead Johnson & Co. in a high stakes trial, finding the company can’t be held liable for the death of a premature infant, who allegedly became severely ill after the child was fed an Enfamil-brand cow’s milk-based formula in the hospital a few weeks after birth. The trial, which was the first in Chicago…
The 7th Circuit Court of Appeals affirmed and vacated in part a district court ruling granting qualified immunity to state correction officers accused of violating an inmate’s Eighth Amendment rights against cruel and unusual punishment during some transport rides. Appeals Court Judge Doris Pryor stated in vacating part of the lower court ruling that any reasonable jury could conclude that…
Abbott Laboratories has agreed to pay $670 million to end 2,000 lawsuits brought by parents who claim their children were harmed or died after drinking Abbott’s Similac-brand baby formula. The settlement, announced Aug. 20, will include a Missouri case in which a St. Louis jury had ordered Abbott to pay one family $495 million. In announcing the settlement, Abbott appeared…
A bipartisan group of federal lawmakers has introduced legislation that would significantly expand eligibility and benefits under the Radiation Exposure Compensation Act, including increasing certain payments to $150,000 and extending the program for 15 years. H.R. 10115, introduced Monday, would expand compensation for people exposed to radiation from atmospheric nuclear testing, Manhattan Project waste and other nuclear-related activities. The bill…
Comorbid health conditions are contributing to longer disability periods and substantially higher medical costs in workers compensation claims, yet the conditions often remain underreported in part due to communication gaps among patients, medical providers, and insurers and employers, according to experts. “We’re not asking, and they’re not telling us,” said Mark Williams, Scarborough, Maine-based medical director at The Hartford, during…
A couple will be allowed to continue suing tobacco companies and Walgreens in Cook County court after a federal judge found they did not fraudulently add Walgreens as a defendant in the lawsuit merely as a legal tactic to keep their lawsuit out of federal court and in Cook County’s famously plaintiff-friendly courtrooms. U.S. District Judge Sara Ellis sided with…
