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Etzler Lawhead Legal Group, PC

Appeals court remands case involving organ donor identity mistake

By Personal Injury No Comments

The Indiana Court of Appeals affirmed earlier this week that a claim filed against some health care providers over corneal transplant tissue taken from the wrong deceased patient falls outside the state’s Medical Malpractice Act. The appellate court also reversed a lower court denial of a hospital’s motion for summary judgment and remanded the case for the entry of a…

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Medicaid coverage losses drive up comp medical costs: WCRI

By Workers' Compensation No Comments

Workers compensation medical payments increased among injured workers affected by Medicaid coverage losses, particularly those in construction and manufacturing, according to a study released Tuesday by the Workers Compensation Research Institute. Waltham, Massachusetts-based WCRI found that average medical payments at 12 months increased 3.1% for lost-time claims following the 2023-2024 Medicaid disenrollment process. The increase was substantially higher for construction…

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Older comp claimants require 21% more medical care: NCCI

By Workers' Compensation No Comments

Workers compensation claims involving employees aged 65 and older require 21% more medical care on average than claims involving younger workers, largely because of chronic health conditions and injury diagnoses, according to a report released Wednesday by the National Council on Compensation Insurance. The report found that the share of lost-time claims involving workers aged 65 and older doubled from…

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Walgreens again fails to escape cigarette illness lawsuit

By Personal Injury No Comments

Retail pharmacy giant Walgreens has failed again to persuade a judge that it was improperly added to a man’s lawsuit against tobacco companies over cigarette-caused illness as a litigation tactic to ensure the case remains in Cook County’s courts. On Oct. 13, U.S. District Judge Sunil Harjani sent a lawsuit back to Cook County Circuit Court after finding the plaintiff…

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Family can’t sue Latin School over boy’s bully-driven suicide: Appeals court

By Personal Injury No Comments

A state appeals panel will not allow the parents of a boy who died by suicide — which the parents attribute to bullying at Chicago’s prestigious Latin School — to sue the school and officials for their roles in the circumstances. Robert and Rose Bronstein’s son, Nate, died in January 2022. That April the couple sued Latin School and a…

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Covid ‘disaster’ declarations didn’t shield IL nurse practitioner from medmal suit: Appeals court

By Personal Injury No Comments

A state appeals panel says a nurse practitioner isn’t immune from medical negligence litigation for conduct that occurred during a declared pandemic, even if there may have been an order from Illinois’ governor a judge thought made it so. DeKalb County Circuit Court Judge Bradley Waller had dismissed a lawsuit facing nurse practitioner Julie McGhee under an immunity provision of…

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Eli Lilly sued over stomach problems patient ties to Mounjaro and Trulicity

By Personal Injury No Comments

A North Carolina man is suing Eli Lilly over its top-selling diabetes treatments Mounjaro and Trulicity, saying the drugmaker didn’t do enough to warn about serious side effects from the medications. Frank Campbell Jr. says in a lawsuit filed Wednesday that he was left with debilitating nausea, vomiting and abdominal pain from gastroparesis after he started taking the drugs. That…

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Insurer prevails in coverage dispute over carpenter’s death

By Workers' Compensation No Comments

An insurer has no duty to indemnify a construction company over a carpenter’s fatal fall because an employee injury exclusion bars coverage, an Illinois appeals court ruled Wednesday. Ramiro Godinez, a carpenter arriving for his first day at a Waukegan hotel construction project on Sept. 19, 2017, fell more than 20 feet while retrieving tools from a plywood box raised…

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Worker keeps comp benefits for fall in sandals while heading to charge phone

By Workers' Compensation No Comments

An Illinois appeals court on Monday upheld workers compensation benefits for an ice cream plant employee who broke his foot while walking in sandals to a break room to charge his phone. Shawn Anderson had clocked in at Ice Cream Specialties Inc. on Oct. 3, 2022, but had not changed into his work boots when he headed toward the break…

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